Kosovo ready for indictment against Serbia, lawyers suggest collecting and preserving facts

Kosovo is not ready and there is no draft ready to sue the Serbian state for the genocide committed during the 1998-99 war, say connoisseurs of judicial affairs in the country, who say preparation is also required by experts on the International Criminal Law.

Although more than 22 years have passed since the war ended in Kosovo, lawyers say there is a danger that the facts for war crimes will disappear.

The lawyer accredited by the Special Court, Taulant Hodaj, in an interview for Online Economy has said that with greater commitment, the facts for war crimes could be more easily presented.

“Everyone can file a request for genocide against another state, but this wants adequate and professional preparations, because it is not easy to convince the International Court of Justice of a state that has committed genocide in view of the practice of this court, earlier cases regarding Bosnia, Croatia, and so on. It requires preparation of International Criminal Law experts, legal theories are, but I think we're not ready yet, I don't think a professional team has been assembled to brief facts, legal analysis and prepare a genocide indictment against Serbia”.

<x) I think there are preconditions in the case of Kosovo, with the case of their deportation, numerous murders, especially the insight of Albanian is one of the elements that are met to be considered genocide or attempted genocide, because even the attempt to commit genocide is punishable”.

He said there may be pressure from internationals for not suing where it then enters the domain of international relations, Kosovo-Serbia dialogue and so on.

There could be international pressure, then this enters the domain of international relations, Kosovo-Serbia dialogue and so on. There may be demands from various states, but so far I don't believe there's been such a demand because everyone knows that Kosovo is not ready and there's no draft ready, maybe if there's a draft ready if we're ready to hand in, then we can see if there's any request from any international partner that doesn't do anything like that”, Hodaj said.

And the other lawyer, Arber Jashari, says of Online Economy that there is no real institutional effort to compile a genocide indictment.

I'm not seeing any real and concrete efforts when it's known that for drafting such a lawsuit involving genocide, it takes a huge commitment of the state, functioning of working groups, and it needs intensive work on collecting facts and extending arguments. I've seen some statements but they haven't sounded very convincing that it's becoming a concrete job. As for what Kosovo can sue Serbia, it is well known that the international Court of Justice with The Hague is a United Nations organ, and Kosovo has a major procedural obstacle since it is not a member of the United Nations, but efforts to impose an indictment against the Serbian state for genocide should not stop”.

He added that revealing the truth is in the interest of all -- both Kosovo and the international factor -- perhaps not only the Serbian state's interest.

I think that revealing the truth is in the interest of all, including Kosovo, even the international factor, perhaps not only the Serbian state's interest. It should not be entered into this phase without plans, without programme, without clear ideas, without strong arguments and without a well structured and argued indictment, it would also be a concern for internationals. So I think that the internationals would be against some daily policies that pressure Kosovo to withdraw from an issue that is fundamental, existential, but above all, humanitarian, because those people who have been killed in a war, numerous civilian victims are in the interest of dawning the chief and that the Serbian state at least be found as direct and structured chief of these crimes, Jashar said.