Transitional justice expert: Special Formed for Serbia's Interests

Transitional justice expert: Special Formed for Serbia's Interests

The Special Court is a political institution that will not bring justice and the only thing it will do is strengthen Serbian nationalists who want to change the Narrative for the 1990-1999, says transitional justice expert Aida Hehir. Hehir ʹ transitional justice researcher, humanitarian intervention and state-building in Kosovo from Westminster University [...]

Hehir ʹ transitional justice researcher, humanitarian intervention and state-building in Kosovo from Westminster University in England, stresses that the process of what is known as the <x0-> the great judiciary” in The Hague has been extended.

Former Kosovo Liberation Army superiors Hashim Thaci, Kadri Veselin, Jakup Krasniqi and Rexhep Selimi are in custody in The Hague from November 2020.

The Specialised Prosecutor's Office charges Thaci and others with charges of alleged war crimes. They have been declared innocent of all points of the indictment.

The trial against them began on April 3, 2023, nearly three years after confirming the indictment since former KLA leaders are held at the detention centre in The Hague.

“Yes, in a word [the process in The Hague is extended]. This was a court that was established in 2014,2015. It's still working today. It's a court that should never have been established. It lacks the most important thing: local legitimacy. It is a court imposed on Kosovo by the international community. By the time it was created, Hashim Thaci himself said, "I am encouraging people to vote for the establishment of this court, not because I want to create it, but because they told me I should create it." This is austerity. This is the international community forcing a sovereign state, a sovereign state government, the parliament of a sovereign state, to establish a court. And why? Why was this court established? You don't have to be a genius or a conspiracy theory to understand why. It was designed to reconcile Serbia. To tell Serbia: look, we give you this”, says Hehir.

He adds that Serbia clearly wanted the establishment of this court because it wants to change the initiative for the 1990s.

“wants to create an ongoing mechanism where Kosovo Albanians are tried for crimes against humanity, a process that will last for years and years. This is appropriate for their war offensive, which says there were two sides involved in a civil war and who did terrible things. Narrativat says: "They're as bad as we are." So the only reason for the court's establishment were Serbian interests”, Hehir said.

Specialised rooms are part of Kosovo's judicial system, but operate international staff at The Hague in the Netherlands.

The European Union is the main sponsor of the Special Court, which was founded in 2015 by the Assembly of Kosovo, following the international community's request.

Third states also contribute to this court: The United States, Switzerland, Canada, Norway and Turkey. Meanwhile, the United States makes their contribution by financing appointed employees.

The specialist has been constantly criticised for multiple editing and closure for the public.

Kosovo's Ombudsman, Naim Qeyaj, has expressed concern about the work of the Special Court. The cell has raised its doubts about whether the principles of fair and impartial judgment are being respected.

Professor Hehir says that due to the lack of transparency, in Kosovo there are completely negative opinions on this institution.

The “is a deeply political institution, created for political reasons, and its existence, as is the existence of UNMIK and EULEX in Kosovo, proves that the international community is not necessarily working on Kosovo's interest in every case... This court is simply, as I said, a political body that will not bring justice. The only thing he wants to do is strengthen Serbian nationalists who want to change the course for the years, says Hehir.

A month ago, the Specialised Prosecutor's Office concluded its case in Thaci's case and others. Against former KLA superiors, 125 witnesses have testified in the courtroom and thousands of pages of documents have been deposited as material evidence.

Defence lawyers have already announced their motions to drop the charges. What is already known is that if defense attorneys' motions fall, they'll call witnesses.

The protection of former KLA superiors has considered the case a weak prosecution, as well as stated that they expect positive results at the end of this trial.

The Special Court has so far pronounced two convictions of alleged war crimes, as well as others against the administration of justice.

This court is nominally a Kosovo court, but it is located in The Hague, so it is basically a strange court, but it is different in legal composition from TPNJ”, says Aidan Hehir. / KP/

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