Amsterdam University Lawgiver criticises Kurti for doing nothing to sue Serbia

Amsterdam University Lawgiver criticises Kurti for doing nothing to sue Serbia

The country's prime minister, Albin Kurti, has again indicated that they are working to indict Serbia for crimes committed in Kosovo during 1998-1999. The chief of Kosovo executive has said this process is continuing, and only when there is concrete, the public will be informed. Yet, skeptical about the matter [...]

The country's prime minister, Albin Kurti, has again indicated that they are working to indict Serbia for crimes committed in Kosovo during 1998-1999.

The chief of Kosovo executive has said this process is continuing, and only when there is concrete, the public will be informed.

Yet, skeptical about the matter is the lecture at Amsterdam University, Nevenka Tromp.

Tromp says Kurti is counting on the upcoming elections, so according to her, he has begun mentioning the genocide indictment against Serbia.

“Since 2008 I have heard Kosovo leaders the prime minister, the president, whoever was to open this topic in public and so far, nothing has happened. Kosovo audience can remember that even former President Thaci had spoken to the UN, I have heard current Kosovo President Vjosa Osmani mention this in the past since she is president of Kosovo. I'm afraid that as long as I don't see concrete action and developed plans, for me, from the outside, but very interested in monitoring the situation in Kosovo, I can say that it looks more like political PR to serve certain purposes than the real start of a legal process that is complicated work”, it says for Tv 1.

Recognition of legal cases, says the genocide indictment of another country can be made only through the International Court of Justice.

But since Kosovo is not part of the United Nations, it cannot use this court to file charges against Serbia.

“Even this court is found in The Hague, but should not be confused with the International Criminal Tribunal in The Hague, because the JNP deals only with individual crimes responsibilities. Another complicated thing is that Kosovo defacto is a state that is not part of the UN, and therefore there is no place in that court”, she says.

However, Tromp shows there is an opportunity for Kosovo to sue the neighbouring state for crimes committed.

“If Kosovo as a state wants to move money with this, it can only be done in co-operation with a third state -- a friendly state -- that would take that responsibility on itself. Any other UN member state, could start this procedure, but this opens up a major and interesting political issue, which UN member state and for what reasons, would accept and, given what basis, take on this very complicated task”, Tromp says

As a result of the war on more than 13,000 Albanians remain dead, some 800,000 were forcibly expelled from their territories.

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