“War crimes, legal blockades and European barriers” Amnesty International criticises Kosovo failures

The new sentences for Dusko Arsic, Ekrem Bajrovic and Caslav Joliq, who received prison sentences of between 8 and 13 years, show the war crimes justice process is continuing.

Also, in July 2024, Kosovo's Specialised Chambers in The Hague sentenced Peter Shala, a former member of the Kosovo Liberation Army, to 18 years in prison for war crimes, while in September, Salih Mustaf's sentence was reduced from 22 to 15 years in prison.

Another issue of concern is the blocking implementation of the war-losing agreement on 1,600 people.

“Amnesty International” stresses that failure to implement the co-operation agreement with Serbia has hampered efforts for justice and reconciliation for war victims.

The report has also criticised the Government of Kosovo's failure to adopt several important human rights laws and the involvement of marginalised groups.

For example, Kosovo's Assembly has failed to pass the Law on Associated Fertilisation and Reproductive Health (IVF), which would enable couples in need of access to medical treatment in public hospitals.

According to the report, this failure was accompanied by disinformive campaigns and hate speech against single women by some MPs who rejected this law.

Also, “Amnesty International” has highlighted Kosovo's failure to adopt Civil Code reform, including laws for civil communities of same-sex people.

This bill, which has been blocked for the second time, has caused heated debates, especially on Article 1138, which defined marriage as a legal community between husband and wife and the movement to accept the civil communities of the same sex.

Regarding Kosovo's efforts to advance European integration, the report stresses that the country faced a major obstacle to the process of membership in the Council of Europe.

Following the adoption of the Constitutional Court's act on property of the Decani Monastery, a key condition for membership, Kosovo received two green lights. But the requirement for establishing the Association of Serb-run municipalities, which was a requirement by several Council of Europe member states, prevented Kosovo's membership in the organisation.

In May 2024, the Committee of Ministers of the Council of Europe delayed the decision on Kosovo's membership, due to the failure of the Association Project at the Constitutional Court.

The report also cites the Centre for the rehabilitation of Torture Victims for extending the deadline for applying for the status of “victims of sexual violence during the war”, stressing that there are still many individuals still unable to apply to receive financial compensation for this status.

By October 2024, 1,688 out of 2,018 applicants have received status, while many still wait to take advantage of the programme.

Internationally, the report of “Amnesty International” recalls the previous sentences of former top leaders of Serbia and Yugoslavia for war crimes, including Slobodan Milosevic, who died during the trial, and Nikola Shainovic, who was sentenced to 18 years in prison for crimes against humanity.

Other sentences for crimes against humanity have been handed over for individuals like Dragolub Ojdanic and Nebojsa Pavkovic, who were sentenced for their role in the Kosovo war massacres.

This report comes at a time when Kosovo is facing major challenges to implement its international commitments and ensure the rights of all its citizens, including marginalised groups and war victims. /Periscope/