The trial of former Kosovo Prime Minister and Kosovo Liberation Army (KLA) Commander, Ramush Haradinaj at the International Criminal Tribunal for the Former Yugoslavia (ICTY) is finally underway almost two years after his indictment. Although the main armed Balkans conflict is long over, the body established by the United Nations to prosecute war crimes and violations of international humanitarian law during that conflict is still steadfastly moving through their docket. Part of the reason that these cases are still ongoing is that it has taken a great deal of time for investigators to research and document cases, prosecutors to determine the appropriate charges and for the independent countries that emerged after the break-up of Yugoslavia in the early 1990s to cooperate with the ICTY by turning over suspects. Although conflict is over and reconciliation and the business of state building is well underway, nationalist and ethnic resentments still linger in some areas where the population supports indicted and convicted war criminals as national heroes.
Ramush Haradinaj enjoys a great deal of popular support in Kosovo. He is considered a hero to the Kosovo Albanians for his efforts against the Serbs. From the Kosovar Albanian point of view, he is guilty only of defending the Albanian people against Serb aggression. The Serbian government and many Serbs in Kosovo believe quite simply he is a terrorist. While Haradinaj is one of the most high-profile Albanians to ever come before the court, internationally, he does not evoke the same visceral reaction as Serbian leader Slobodan Milosevic, who died while on trial for war crimes (Previous Report). Haradinaj is accused in the deaths of forty people by allowing men under his command to commit horrific atrocities against Serb prisoners. His defenders claim there is no direct evidence linking him to these crimes, and that the charges were brought against Haradinaj to demonstrate that the ICTY prosecutes all ethnic groups equally.
Favored Status
Guilty or innocent, the Haradinaj case seems very different to previous war crimes prosecutions. The most startling aspect of this case is the divisiveness it has exposed between the ICTY, the UN Mission in Kosovo (UNMIK), and other Western powers. Prosecutors have claimed that both the UN and Western powers working to stabilize Kosovo tried to prevent his prosecution from taking place. When they failed to achieve this goal, they then supported a provisional release for Haradinaj. In this unprecedented action, he was able to return to Kosovo as an indicted war criminal conducting business as usual. It would be very difficult to imagine other high-level indicted war criminals being afforded this courtesy. The UN has been accused of forming a protective barrier around Haradinaj in Kosovo, almost making him an “untouchable.” For example, UNMIK allegedly intervened on numerous occasions to block charges against Haradinaj when he was accused of assaulting some former KLA members. Prosecutors also believe this sort of attitude with Haradinaj has intimidated potential prosecution witnesses.
Although the actions of the UN and Western powers have been criticized in reference to Haradinaj, detractors probably would also acknowledge the positive role he has played in Kosovo. Haradinaj was considered instrumental in moving the peace process along in Kosovo and tempering the sometimes volatile outlook of the Albanian population. During the March 2004 riots in Kosovo, he is credited with preventing the Albanian population from attacking one of the most famous Serb-Orthodox monasteries as well as making sure that the January 2005 visit of Serb President Boris Tadic occurred without any embarrassing or dangerous incidents. Most importantly, Haradinaj is seen as an Albanian leader who recognized the practicality that any solutions for Kosovo must include Serbs. Haradinaj also had the war credentials and gravitas to state this opinion without being accused of giving in to the other side.
Unstable Outlook
Ironically, the start of his trial coincides with an extremely crucial time concerning the future status of Kosovo. Currently, this is a very contentious issue with the UN trying to impose a solution that both Serbia and the Kosovar Albanians can live with. At the moment, it seems that the Kosovar Albanians are closer to achieving their goal of independence from Serbia, albeit a muted type of independence they do not find altogether pleasing (Previous Report). Serbia is pledging to fight agressively against any decision that takes Kosovo away from their territorial integrity.
Should Haradinaj be convicted, it will lend further credence to the Serb argument that Serbs cannot be protected in Kosovo if people like Haradinaj are running the province. The Serbs have also felt that they have been unjustly vilified in the conflict and that the Kosovar Albanians committed crimes as well. Kosovar Albanians will view a conviction of Haradinaj as a sacrifice to appease the Serbs. If Haradinaj is not convicted, it is likely there will be outrage in Serbia, fostering further resentment against the international community.
We anticipate there will be a great deal of instability in Kosovo in the near-term over the disposition of its final status. A verdict on Haradinaj’s guilt could serve as an ignition point for further violence and discontent.
