Hasani: Kosovo is unlikely to sue Serbia for genocide

Hasani: Kosovo is unlikely to sue Serbia for genocide

Former Constitutional Court Chairman Enver Hasani estimates that Kosovo is unlikely to sue Serbia for genocide near the International Court of Justice. That is because, according to him, Kosovo is initially not part of the Convention for genocide and that Serbia's war on Kosovo is not estimated to have occurred between the two states, as it has developed [...]

That is because, according to him, Kosovo is initially not part of the Convention for genocide and that Serbia's war on Kosovo is not estimated to have occurred between the two states, as it has been held within the former Yugoslavia, which has been a state.

“For Kosovo is an extremely difficult problem than for Bosnia to accuse Serbia of genocide, because the war in Kosovo has developed within a state that is internationally called Serbia and Montenegro, or the Federation of Milosevic, which was created in 1992 and the territory of Kosovo until the day we have declared independence is considered part of it. I see little chance there. Kosovo is not part of the Genocide Convention. To be indicted, the state must be party to the Convention, Kosovo is not party to”, Hasani says.

Hasan says neither Bosnia and Herzegovina after all the tragedy it has experienced has managed to prove that genocide has been committed there by Serbia, since it estimates it is an extremely technical issue to define genocide.

However, the Bosnian Serb state has not achieved that despite all that tragedy to testify, because it is an extremely technical issue to define genocide and the state's responsibility for genocide in international law, and Pahdinteria has said that in Yugoslavia's territory it cannot be, apart from genocide as a criminal offense that has been attributed to Serbian generals' functionaries. In the case of the former Yugoslavia, you know Bosnia has indicted Yugoslavia for genocide and lost. She has won it for Srebrenica because it is individual criminal responsibility”, he says further.

According to him, the responsibility of the states is problematic because their creation is made by the dissolution of a whole, so it is difficult to seek responsibility, reports EO.

The responsibility of the states that were created cannot be done because these states were created as a result of internal civil war within Yugoslavia. Other states have been created, and Yugoslavia has disintegrated. Therefore, state responsibility is problematic for everyone, not only for Serbs, but for Croats as well. After all, what Milosevic has done, as the war is raging in Bosnia, he has withdrawn his army. The moment Bosnia is internationally recognised as a state, he knew he had international responsibilities as a state, pulled them out and gave them money, military technicians and told them to fix your uniforms and your army and to take responsibility for your actions there. With that he has removed Serbia from responsibility as state”, Hasani concludes.

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