Pineles: James Rubin's testimony could undermine Thaci's theory of prosecution in The Hague

Former US judge in the EU Mission for Sunding Law (EULEX), Dean Pieles, said James Rubin's testimony to Hashim Thaci in The Hague is very important, as the US diplomat well knows the developments of the war in Kosovo. Pineles estimates that former Kosovo Liberation Army leaders have been in custody for a long time and warns that Serbia can exploit it politically if they are found guilty.

Former US Assistant Secretary of State James Rubin's presentation, in front of Kosovo's Specialised Chambers in The Hague to testify to Hashim Thaci, has received great international attention.

His testimony has also been spoken of by former US Judge Dean Pineles, who says James Rubin is familiar with developments of that period and that his testimony could result in very important.

I think this could be very important. First, James Rubin is a highly respected and experienced former diplomat. He has been on the ground in Kosovo during the war period. He established a relationship with Hashim Thaci at France's Rambouillet peace conference. Rubin has also co-operated with him during KLA deilitarisation and has created some very important opinions about the KLA hierarchy and Thaci's role within that hierarchy. He has concluded that Mr. Thaci was essentially the face of the KLA but without decision-making authority and that he was not at the top of the hierarchy to make all the important decisions on the ground. So I think this evidence can be very significant because if accepted, it undermines the prosecutor's theory in this case, which was that there was a very strict hierarchy and that Mr. Thaci and other co-responsibilities were at the helm and had decision-making authority, making them responsible as part of a joint criminal enterprise for all the crimes and atrocities that occurred during that period of war and immediately after that. So, I think the court will have to look very closely at this evidence”, Pines said.

The American judge, says Thaci and the others being tried at The Hague have remained in custody for a long time.

On the other hand, he points out that the prosecution was concerned about the alleged efforts of the accused to influence witness testimony.

This is a difficult question. They have been in custody for almost five years. Five years will be in early November. This is a long period to be in custody during a judicial process. Mr. Rubin has stressed that when the indictment came to light for the first time, he was going to Washington for a meeting with US President Trump. And instead of continuing towards the US hoping to make any kind of agreement that would free him of responsibility, he returned and went back to Kosovo. When the indictment was filed, he resigned as president and then surrendered voluntarily. So it can surely be argued that he did the right thing at the time when he could have done the wrong thing and tried to avoid any responsibility in court. So, if he did it then, and... he handed over his presidency, a very important decision, maybe he could be believed to be released during the very strict process.”, has been put away Pines during an interview for Tv1.

Among other things, Pineles says there is danger that if former Kosovo Liberation Army leaders are punished, then Serbia will use this issue politically

The trial will give its decision and it will be whatever it is. If it is a guilty verdict against any of the accused on any of the charges, it would be perceived not well in Kosovo, to say the least. And if there is a guilty decision, then it will go directly to the hands of Serbian officials who would like nothing more than to shift responsibility from themselves to a joint KLA criminal enterprise. This will go very well for Serbia and very badly for Kosovo”, Pineles has stressed.

Thaci, Veselin, Krasniqi and Selimi are accused of unlawful imprisonment, torture, murder, crimes against humanity, forced extinction and persecution of hundreds of civilians and persons who did not participate in fighting. /Periscopi/