The indictment against Serbia for genocide: Can Kurt fulfill his promise?

“We are convinced that Serbia has committed genocide in Kosovo in the last war in Kosovo, and this deserves an indictment, and the government of the Republic of Kosovo has its obligation to our history, to citizens who have open wounds and was committed to our future, which requires a democratic state, a righteous state in which it is clearly known who the aggressor is the victim of”, Prime Minister Kurti said after the adoption of his government programme. Prime Minister Kurti said preparations for the “indictment are gigantic because such a case does not dare, neither should it, nor can it lose”.

Vucic: Threat lawsuits and Should Not Be Tested

Kosovo's government's warning of genocide in Serbia prompted Serbia's president, Aleksandar Vucic, who said that “Kosovo cannot do that, since it is not a member of the United Nations Organisation”.

He even recommends that Kosovo not try to do such a thing”, even calling it a threat. “Are you threatening Serbia with trial for genocide? You can only do this through another country, which is Albania, and that means joining Albania. I urge Kosovo Albanians not to do so”, Vuciq said, quoted Serbian president in Serbia as saying.

Experts: No reconciliation with US, EU indictment would have countereffected

Recognitions of legal issues on the part of them express scepticism about the Kosovo government's initiative to sue Serbia for genocide in Kosovo, namely, with the fact that Kosovo is not a member of the UN and formally cannot do so.

So Kosovo Institute for Justice told Ehat Miftaraj executive director (IKD).

“In a formal respect, Kosovo does not have the capacity to exercise indictments for genocide against Serbia, which would be considered acceptable by the International Court of Justice. The construction of Kosovo is closely linked and dependent on the support and assistance of international partners, so any action in this direction should have their attention, co-ordination and co-operation. Any unilateral Kosovo action without reconciliation with the US and the EU, I fear there would be counter-effective and would put Kosovo in a unfavourable situation”, says Ehat Miftaraj.

According to him, even if Kosovo through Albania is going to sue Serbia for genocide, it could bring more trouble. Albania has the right to exercise indictments the same as any member state of the International Court of Justice's Statut. But that other serious states in this case would hesitate to take such a step, taking on the basis of the very close and brotherly relationship Albania has with Kosovo”.

Likely to the International Court of Justice

Another expert on legal cases, Africa Hoti, professor at the University of Pristina, says there is a possibility that there is an opportunity that with the International Court of Justice certain entities can file lawsuits, but which are in advance obliged to submit to certain rules and procedures of this court, but there is always scepticism for positive results.

The “is a declaration that is deposited in the International Court of Justice through which the Republic of Kosovo, as a state that is not a member of the UN, states that it accepts the authority of the court and accepts decisions handed down by the JND. These are very rare cases, known as such that the court statute allows such an opportunity, as are entities that have relatively similar positions like Kosovo. Juridically, parties before the International Court of Justice are only independent states and are also part of the UN”, says Africa Hoti.

Kosovo could use this opportunity to file genocide charges against Serbia, but according to Hoti, “should be made an integral difference between political statements and formal deposit”, which does not mean the process has been completed. It will be considered a legal act, but, for the confirmation of the existence of crime, many more facts must be deposited to accept court”, says Professor Africa Hoti.

Albanians in Kosovo named the campaign by Serbian security forces during the 1998-1999 war, where more than 10,000 people were killed, thousands more were estimated missing, while more than 800 thousand Albanians were expelled from their homes.

In 1999, Croatia had filed charges against Serbia in the JND for genocide during the 1991-1995 war. In 2010, Serbia had filed a counter-suit against Croatia, saying about 200 thousand ethnic Serbs have moved when Croatia had begun military operation in search of its alleged territories. And in 2015 The JND ruled that neither Serbia nor Croatia have committed genocide against each other. Meanwhile, in the case of Bosnia and Herzegovina, the Srebrenica case, in 2007 respectively, the International Court of Justice in The Hague found that the killings of about 8 thousand Bosnian Muslims in Srebrenica have constituted genocide, but that the Court said, Serbia had not prevented genocide, but also said there was not enough evidence Serbia had direct responsibility for it. In 2017, Bosnia and Herzegovina asked for a revision of this journey, but the JND rejected that demand. / FE