The trial of the four former leaders of the Kosovo Liberation Army (UÇK) at the Specialized Chambers in The Hague has entered a new phase, as the defense teams responded to questions posed by the bench following the completion of closing statements from the Special Prosecution, victims’ representatives, and the defense.
The presiding judge, Kristof Barthe, questioned the defense regarding the legality of arrests or detentions allegedly conducted by the UÇK.
“Do you argue that the UÇK, as a non-state armed group, had the right to arrest these individuals for military or security reasons, and on what legal basis?” the judge asked.
Hashim Thaçi’s attorney, Lluka Mishetiq, described the question as academic, stating that under Yugoslav law such measures were permissible.
“The reason we raised this is that, in the pre-trial phase, Yugoslav law allowed it. Since the Special Prosecutor’s Office did not object, we did not raise this issue during the trial. Raising it now would harm our position,” Mishetiq explained.
Kadri Veseli’s lawyer, Rodrey Dixon, emphasized that international humanitarian law allows for the detention of individuals perceived as security threats during armed conflict.
“International humanitarian law in armed conflict permits the arrest of persons who pose a security risk. This is not a peacetime matter but a wartime condition,” Dixon said.
Meanwhile, Jakup Krasniqi’s lawyer, Aiden Ellis, argued that the UÇK had the right to take measures if enemy soldiers infiltrated their camps.
“If detention was not possible, what would the UÇK do if eight enemy soldiers entered their camp, even accidentally? In our view, they should have had the right to prevent this under the circumstances at the time,” Ellis stated.
This final phase of the trial, which began on 9 February 2026, follows the completion of closing arguments from all parties, and on Wednesday, the four UÇK leaders are expected to speak for 20 minutes each.
