Alleged war crimes: Kosovo’s ex-president Thaci in court

Kosovo’s ex-president Thaci and three former UCK commanders are accused of almost a hundred murders as well as kidnapping and torture. The trial, which is likely to take a long time, begins today in The Hague.

It is the prominent core of the leadership of the UCK, the so-called Kosovo Liberation Army, who is now being tried before the Kosovo special tribunal in The Hague – almost a quarter of a century after the Kosovo war. First and foremost was the then UCK commander Hasim Thaci. When he was arrested three years ago, he was still the President of Kosovo.

Murder, torture and kidnapping

The charges weigh heavily: war crimes and crimes against humanity, murder, torture, kidnapping. The indictment speaks of a “collective criminal enterprise” – not of a “liberation army”. According to the indictment, the victims were primarily political opponents of the UCK: many Kosovar Albanians, above all from the party of Ibrahim Rugova, the symbol of the non-violent struggle for Kosovo’s independence. They were considered traitors by the UCK. Serbs and Roma were also murdered.

The prosecution is not concerned with whether Thaci and his co-defendants committed murder and torture themselves. It is enough if they knew about the crimes but did nothing to prevent them. After all, they would have had the authority to command.

Thousands protested for Thaci

The day before the trial began, thousands of people took to the streets in the capital, Pristina, to demonstrate for Thaci, who they see as a war hero. A demonstrator explains: “We protest against the injustice against the liberators of Kosovo. The Serbs attacked us in our country. So we had no choice but to fight back and defend our country.”

The demonstrators sing: “UCK – the heart of Kosovo” and they wave the red flags with the UCK double-headed eagle. They look to The Hague with mistrust – and with defiance. A man says: “This dish will not bring anything good. It will damage our country’s reputation. But the truth will come out. It cannot be hushed up and it cannot be veiled.”

Kurti: “Completely unnecessary”

Kosovo’s Prime Minister Albin Kurti also considers the special tribunal to be one of the biggest mistakes in the short history of the young state. This special court is “completely unnecessary,” says Kurti. He met with the defendants’ lawyers. 16 million euros have been earmarked for their fees in Kosovo’s budget.

The special tribunal in The Hague is international, but formally part of the Kosovo judiciary. It was set up eight years ago by the Kosovar parliament – albeit under considerable pressure from the western allies, who did not trust the judiciary in Pristina to be sufficiently independent. Above all, however, it was feared that witnesses could be threatened and fall silent when the former UCK leaders are on trial in Kosovo – and not in far-off The Hague.

KLA a squad of freedom fighters?

The UCK is part of the founding myth of the young state – after a bloody war in which 13,000 people were killed and which could only be ended by a NATO mission. For most, the KLA is a freedom fighter force, not a criminal organization. It is said that the trial of Thaci and the others puts Serbian war crimes into perspective.

It is likely to be a long process: 312 witnesses for the prosecution have been named. The four main suspects have been in custody for two years. In addition to ex-President Thaci, there is also Kadri Veseli, ex-UCK intelligence chief, former speaker of the Kosovo Parliament and most recently chairman of the “Democratic Party”, then Rexhep Selmimi, most recently parliamentary group leader of the party of incumbent Prime Minister Kurti, and Jakup Krasniqi, ex-UCK -Speaker and most recently number two of the Social Democratic Party in Kosovo.

“We’re not saying things didn’t happen”

Thaci’s lawyer wants to use the argument that the UCK was not a regular “army” with clear chains of command – but a kind of “grassroots force” with men from the villages of the former Serbian province of Kosovo, who opposed the attackers, the Serbian army of the then President Slobodan Milosevic, fought back. Ex-President Thaci never gave orders to individuals, he was never responsible for combat operations: “He was always a political person,” according to the defense. Moreover, the defense does not question that crimes were committed. Quote: “We’re not saying things didn’t happen on the ground.”