Following the landmark sentencing of three Serbs to life and long-term imprisonment by a Prishtina court, legal experts are turning their focus toward the “command responsibility” of the Serbian President regarding the 2023 Banjska attack.
Last Friday, the Basic Court in Prishtina delivered two life sentences and one 30-year sentence to participants of the armed ambush in Banjska. While officials in Prishtina applauded the verdict, they emphasized that the organizers—specifically Milan Radoičić—remain at large in Serbia.
However, Dejan Mirović, a Professor at the Faculty of Law (University of Prishtina, relocated to North Mitrovica), argues that the legal trail leads directly to the top of the Serbian state.
The “Private Action” of a President
Professor Mirović claims that the Banjska incident was not merely a rogue paramilitary operation, but a “private action” by President Aleksandar Vučić that effectively bypassed the Serbian Constitution.
“A column of participants traveled for more than two and a half hours from Kopaonik through Raška, Novi Pazar, and Mount Rogozna to Banjska without being stopped once,” Mirović told Danas. “How is that possible? It is clear that Vučić was the main man and that he bears command responsibility.”
Mirović suggests that by orchestrating an informal armed group rather than deploying the official Gendarmerie or Police—which would have been technically permitted under UN Resolution 1244—Vučić committed what Mirović describes as a “coup d’état” against his own legal system.
Sovereignty and Judicial Silence in Belgrade
One of the most striking aspects of the trial, according to Mirović, is the silence from Belgrade regarding the jurisdiction of the Prishtina court.
- Recognition of Jurisdiction: Despite rhetoric claiming Kosovo is part of Serbia, officials like PM Miloš Vučević have not contested Prishtina’s right to try these individuals. Mirović interprets this as a silent admission that the Serbian government has accepted Kosovo’s territorial sovereignty via the Franco-German and Ohrid agreements.
- The Impossible Trial in Serbia: Mirović explains that a trial in Belgrade for the same crimes is impossible because it would force the participants to reveal the truth about their orders. “Vučić would have to judge himself,” Mirović noted.
The “Untouchable” Milan Radoičić
While Milan Radoičić publicly took responsibility for the attack, he remains free in Serbia. Mirović dismisses the idea that Radoičić is the primary issue, characterizing him as a subordinate whom Vučić would “sell out” in an instant if it didn’t implicate his own command.
There are several layers to Radoičić’s current status:
- Diplomatic Speculation: Some circles suggest Radoičić may have protections that place him beyond Vučić’s immediate reach.
- A Condition for Dialogue: Prishtina has made his extradition a non-negotiable condition for the continuation of the Brussels dialogue.
- Historical Context: Radoičić only became a household name in Serbia following the assassination of Oliver Ivanović, a crime Prishtina also links to his circle.
The Cost of the Ambush
The September 2023 attack resulted in the deaths of four people:
- Afrim Bunjaku: A Kosovo Police officer, posthumously declared a hero.
- Bojan Mijailović, Stefan Nedeljković, and Igor Milenković: Three members of the Serbian armed group.
As the lawyers for the convicted Serbs (Blagoje Spasojević, Vladimir Tolić, and Dušan Maksimović) prepare their appeals, the political pressure on Belgrade continues to mount. For critics like Professor Mirović, the case isn’t just about the three men in a Prishtina courtroom, but about a leadership that “abandoned its people to save itself.”
