Special Injustice in Name of Failed Justice

 In Shakespeare's drama, Hamlet, the hero, is a virtuous man, rightly shocked by the sudden rise to power of a evil ruler. Persecuted by visions, overwhelmed by nightmares, lonely and left out, he feels that he must rebuild his understanding of time for him. “Time is out of” keys, Hamlet says!

In Kosovo too, time has emerged from joints. With political interference, however, time came out of international justice. Now, many, including the international community, must rebuild its understanding.

Executive Director of the School of Public and International Affairs at the University of Baltimore, renowned professor Ivan Sascha Sheehan, with an editorial published in the “News Week” hit the European Union, which the Special Court has converted into a tool to convert its views into work, eliminating politicians with whom it disagrees. So, from a court aimed at managing justice for past crimes, it has already become the international community's tool for its politics in the present, managing injustice.

There is always room for asking: How true is the truth? But, as untenable as the truth, there is no state in the world, which has been more cooperative with the international community than Kosovo. Our country today is 13 years old, but by the time it was a baby of internationals, who tried to raise it with “the caretakers” with their bad: UNMIK and EULEX.

The alleged crimes committed during the war in Kosovo have been investigated by six different judicial levels -- local, regional and international. They were investigated and tried by the International Criminal Tribunal for the Former Yugoslavia, by UNMIK, EULEX, the Kosovo Special Prosecutor's Prosecutor and the courts of the Republic of Kosovo. The alleged crimes of Albanians were fabricated, investigated, and tried by Serbia itself, which brutally committed thousands of crimes in Kosovo. They were investigated and tried by the War Crimes Department at the Belgrade Supreme Court. But, not to suffice, they were investigated and also judged by the series of judgments with mixed jurisdictions of local and international justice.

The Special Court represents the seventh degree of war crimes investigations and trials, allegedly committed by former KLA members.

In the professional jargon, they are judged by three predimatic courts: International, dometic and hybrid models, such as part of UNMIK's decisions, EULEX and now Special Court.

So, compared to every state, not only of the former Yugoslavia, but wherever there have been armed conflicts and wars in the world, the KLA war has gone through multiple international filters and has been reviewed many times by the most advanced mechanisms of their investigation.

According to the most consolidated data, from January 1st 1998 to December 31st 2000, it turns out that a total of 10 812 Albanians, 2197 Serbs, 526 Roma, Bosniaks, Montenegrins and other non-Albanian communities were killed and eliminated. These do not include the losses of children's lives and elderly ones that have occurred because of the circumstances of war and massive deportation from their homes of about 1 million Albanians. By Serb forces, too, about 20,000 Albanian women have been violated. All these crimes have occurred in a territory that was completely controlled by Serbian forces. And if we compare the number of victims and structural and command responsibility, the level of judgments against Serbian authorities for crimes committed, not only lies in deep disarray, but is also insulting to victims, their families and all the people of Kosovo.

Since the end of the war, international justice in the name of transitional justice has had unhindered access to the ground, to files and witnesses, with absolute responsibility for whitening all cases. Any Albanian accused by them, as elsewhere in the world, has co-operated with international justice, which has judged and retriald them, as nowhere else does. Even Kosovo's own state leaders, as in the past, had just confirmed the charges, resigned and surrendered to the Special Court. While not far from Kosovo, all states of the former Yugoslavia that have gone through the wars started by Serbia, much sooner have passed transitional justice, being at all co-operative with international justice. Serbian authorities for years hid their fugitives from the International Criminal Tribunal for the former Yugoslavia, such as Karadzic, Mladic, Milosevic, etc. In fact, some of them had even changed their identity to hide. So they haven't even offered them unhindered access to the field and international justice has completely sabotaged it, but ironically they're much easier to pass.

The 78-day bombing cannot be treated as punishment the international community has handed to Serbia. This is not justice for Albanian war victims. It is not justice either for Kosovo. Serbian criminals now walk freely, not just through Serbia, but in every European Union state. They also exercise the highest positions in Serbia, such as the Vuciki case as Milosevic's former minister or Dacic's as the former spokeswoman for that criminal regime. While our people, the victim of their crimes, although Kosovo has met twice as many criteria as any other liberalised state, continue to be tried and remain isolated.

The need for the establishment of the Special Court has also largely come as the failure of the international community, because by 2018 they had full competencies in Kosovo's justice system. By receiving large salaries of European taxpayers, it was only interested in maintaining security and political stability. And he has never even made minimalist efforts to ensure justice for war victims. Today, more Albanians are tried and convicted in Kosovo for war crimes than Serbs in Kosovo and Serbia. The most criminal for international justice has always resulted in who has given any slaps in Kosovo two decades ago, that the massacre and murder of over 10,000 Albanians in an organized and systematic manner by the Serbian state. Serbian crimes on Albanians already by international justice are being handled only as the statistics of war!

The dysfunction of international justice and the duality of Kosovo's leadership have also brought the Special Court, which is always being witnessed as a political tool for controversial politicians and as the need for European bureaucratic crime with <x0).

If they hadn't been hiding behind the special system “joint criminal enterprise”, neither the indictment for most would have been able to lift. But having no way of getting shut down, especially after the fall of Dick Marty's claims, they found this “model” to hit even the KLA founders, who as politicians are both founders of the state of Kosovo, to temporarily and unjustly leave the political scene, until the international community does its own business in Kosovo.

Kosovo has suffered the consequences of Dick Marty's fiction, which was also a member of the Parliamentary Assembly of the Council of Europe and its rapporteur. While currently, it is continuing to suffer the consequences of the European Union's upcoming episode as a continuation of the administration of injustice. Dick Marty's claims have been investigated many times by different teams of international investigators and have never managed to confirm. But, using those very claims, the international community felt nothing of the burden of guilt and responsibility for those European fictions, also imposed the Special Court, where they have not now included them in the indictment.

Although without a state symbol of the Republic of Kosovo, the Special Court in The Hague is formally ours, but it is widely known that it has more co-operation with the authorities of Serbia than with Kosovo. This is by no means new to the public, because the co-operation of international justice with Kosovo justice has never developed bilaterally and symmetrically.

The international community has not had effective co-operation with the local war crimes trial either. Since the transfer of files and information to The Hague for crimes in the former Yugoslavia, in line with the Completation Strategy, there has been no transfer to Kosovo institutions. While, 11 files have been transferred to Bosnia and Herzegovina, 1 file Croatia and 1 file Serbia. Lately, following the establishment of the Special Court and the drastic decline of EULEX's credibility, several transfers of war crimes cases to the Kosovo Special Prosecutor have started.

If Kosovo today has a deficit in the judiciary, first of all this is the failure of the very international factor that managed with justice in our country for two decades. U n NMIC and EULEX, among other things, had responsibilities to develop and strengthen the capacities of our justice institutions. And, given the fact that they are not trusting the institutions they themselves have built, despite hundreds of millions of investments, the international community is confirming its own failure.

Today, the same international community, setting the worst example of how international justice is politicised, with its interventions drawing time from joints in Kosovo as well. However, what appears to have not realised that reforming the political scene could never be done with outside interference, but with the regeneration of frameworks of political parties and public institutions.

Now when injustice has become a mirror of the international community in Kosovo, it is time for them to rebuild their understanding of their time.