Maliqi sees a major challenge for the prosecution in the “command responsibility” exam.

Political analyst Agon Maliqi estimates that the testimony of former US Assistant Secretary of State James Rubin has highlighted the essence of the trial process against former Kosovo Liberation Army leaders in The Hague: the prosecution's attempt to prove the chain of command responsibility.

According to Maliqi, judges' questions over the past two days, as well as the requirements for clarification to Rubin, show that the main focus is on how decision-making worked within the KLA. For this reason, according to him, they are returning to key details such as the Rambouillet Agreement and the process of deilitarisation, as well as the use of terms like “provisional government”.

The judges' questions and their requests for clarification to Rubin show the essence of the matter and their main concern are all focused on one topic: understanding and taking place within the KLA. That's why it's also being dealt with in detail by Rambouillet and demilitarisation as two moments in which there were important locations, or even focusing on using terms documents like “the interim government”. That's because the whole prosecution case against Thaci is in command responsibility. There's no evidence of direct crime orders, but only record and evidence of certain crimes spread over time and space that are attributed to a “joint criminal enterprise”. ” He wrote Maliqi.

He notes that the burden of evidence to testify that General Staff The KLA, particularly Hashim Thaci as political representative, has had effective control over developments on the ground, is extremely high and difficult to achieve according to international justice standards.

The procedure in this artificial attempt to build massive cases has been removed from the rails by building a completely distorted war gradation without context, almost the KLA went out to the mountains to control pleasure-making territory, not because it was facing genocide regimes. Its burden to witness the chain of command and the ability or power of the General Staff -- and especially Thaci's -- as political representative to have KONTROLL EFEKTIV on ground developments in a kind of structure like the KLA and in a context like the Kosovo war is too high and difficult to reach international justice standards. Confirming effective control has failed even in Gotovina's case (at the level of appeal), even though Croatia has had a consolidated army in operation “Oluja”. It has failed even in the case of Milan Milutinovic, president of Serbia, because according to The Hague tribunal, power has remained at Milosevic's federal level.

Even the selection of judges corresponds to this random focus. One of the judges, Swiss Mettraux, has specialized in the <x0 command responsibility”, even written a book on it. He has otherwise been part of Gotovina's defence team, along with Thaci's lawyer, Luka. ” He wrote Maliqi.