Kurti government criticised after the genocide indictment was warned: No preliminary analysis presented

Gruda has said the statement of such an indictment without feasibility research, without question with field experts is wrong.

The problem is that the government has already opened the door for this job and I think the first mistake has been made. If the court warns the indictment and writes it on a government programme, the withdrawal from the indictment also has the consensus that it shows that you have a inferiority in comparison with the arguments you must offer. But even leading to the situation where the odds of winning are almost impossible, very few are wrong. One mistake has been made, and I hope that the second one will not reach”, he said.

“I suggest that we sit down and talk seriously about this topic with field experts, do a balance of what we've been doing for 20 years, which evidence we've been collecting, which we have management and system, which data we have. I see the public appearance of this matter as a mistake, saying this only through a statement, without a feasibility study it's wrong, would have to happen the opposite. The statement that we will exercise indictments near the JND would have to precede a process of wide construction with the public”, Gruda told EO.

Further, Professor Gruda has shown two main legal ways through which genocide against the Serbian state would have to be filed.

The first road according to him is a long process in which Kosovo must deposit a declaration to become a party to the International Court of Justice.

The second path, however, is to secure a third country, such as Albania, which can exercise indictments for Kosovo's interest.

“Kosovo may sue Serbia for genocide, but the legal path that Kosovo has reached until the moment when the International Court of Justice handles this indictment is extremely difficult, because in the first place Kosovo is not a member of the United Nations, it is not a party in the Constitution of Court”.

International justice “. Under these conditions Kosovo can be brought before the International Court of Justice and the obligations and rights that come up for the UN member states, only after this kind of declaration is issued, Kosovo can become a party to the International Court of Justice, that is also the first way that Kosovo can come up with a genocide indictment of”.

The second path is to find a third place, all of whom think about Albania. A third country that is a member of the United Nations, which is side by side with the International Court of Justice, which can file charges for our”, he has clarified.

According to Gruda, the genocide indictment is one of the most difficult procedures and preparing for Kosovo would cost about two years.

“Pdia for genocide is one of the most difficult jurician operations, the fact that we faced only a judicial decision that after World War II confirming the genocide that is the Srebrenica case shows that testing genocide is an extremely complicated and difficult process. The preparation of this indictment could take years, at least 1 year or 2 because it requires a large task of a wide team of lawyers and other professionals who help in the collection, management and processing of evidence that would be associated with that indictment, volume from the point of volume and facts and arguments that should be offered”, he added.

In addition Gruda has said that Kosovo on the international level is not known as the genocide case, even though it has elements for something like that.

Could Kosovo win a genocide indictment? It's important to understand that since the intervention NATO is carefully reading all the statements of Western diplomats what they say is that the intervention of NATO was to prevent genocide, it is always said to prevent, not to stop it or end a genocide, which means that on the international level it seems to be obvious that Kosovo is not recognised as the case of genocide, even though it has all elements of genocide”, he has told Economy Online.

Finally, the professor has said that if Kosovo were to apply a genocide suit to Serbia, but that it would lose the trial then the consequences would be great and cost in political, diplomatic and legal terms.

Kosovo's “in this regard should behave with extraordinary care because it saw it difficult for Kosovo to first pass judicial barriers as a UN non-member country to achieve the address of the indictment and second, I find it difficult to argue that Kosovo has had genocide, to offer the evidence needed to prove that there has been genocide”.

“Recall the fact that Croatia and Serbia had an indictment and countersuit at the Inter-communicative Court of Justice just a few years ago and that both were dropped by the court. We know the seriousness of the Croatian state and the academic world, in particular that Croatian law has far more argumentative capacities than ours. Under the circumstances when we intend to submit a lawsuit and if we lose that indictment it would have an extraordinary cost, it would be better if it hadn't been laid out at all as such, there would have been costs in political, diplomatic, legal and any other type of”, Gruda Progress has ended.