Former Special Prosecutor Drita Hajdari has warned that time is running out for prosecuting war crimes committed during the Kosovo War. Speaking in an interview with KosovaPress, she emphasized that 26 years after the war, Kosovo’s Special Prosecution faces significant difficulties in investigating Serbian crimes, primarily due to the lack of legal cooperation with Serbia.
Hajdari, who was recently awarded the Knight of the National Order of Merit by France for her contributions to justice and the rule of law, expressed disappointment that local institutions have not engaged her expertise post-retirement. She had hoped to continue contributing to the prosecution of war crimes but has not been offered any opportunities.
The Challenge of Time and Witnesses
According to Hajdari, one of the biggest obstacles in prosecuting war crimes is the loss of witnesses due to aging or death, making it increasingly difficult to document these cases. She stressed that without cooperation from Serbia, where most war criminals reside, justice remains elusive.
“The concealment of war criminals equates to denying the crimes and refusing to recognize the victims,” she stated.
She also highlighted that war crimes are violations of international law, and Serbia’s refusal to cooperate undermines justice.
Legal Reforms and Trial in Absentia
Following the transfer of war crimes cases to local institutions in 2018, over 900 unresolved cases and around 2,000 missing persons files were handed over to the prosecution. At the time, the prosecution could only issue indictments if the accused was present. However, since the enactment of the new Criminal Procedure Code in 2022, Kosovo’s prosecution has been able to raise indictments in absentia, a move Hajdari deemed essential.
She acknowledged debates on the fairness of in absentia trials but emphasized their importance in documenting crimes and ensuring justice for victims.
Risking Her Safety in Belgrade
In late 2024, Hajdari participated in a regional conference in Belgrade, organized by the Humanitarian Law Center, where she openly discussed war crimes prosecution. Aware of the risks involved, she decided to attend to ensure Kosovo had a voice among representatives from Croatia, Bosnia, and Serbia.
“I was fully aware of the risks. Many Serbian citizens I investigated are under prosecution, and they know I was the one handling these cases,” she stated.
Kosovo’s Institutional Neglect
Despite her decades of experience, Hajdari lamented the lack of engagement from Kosovo’s institutions, which she believes should utilize her expertise in war crimes prosecution.
“I expected that after my retirement, Kosovo’s institutions, the Justice Academy, and NGOs working on these issues would reach out. Instead, I received empty promises,” she said, expressing her disappointment.
During the 1998-1999 war, over 13,000 civilians were killed by Serbian forces, more than 6,000 people went missing, with 1,600 still unaccounted for, and over 20,000 women and men suffered sexual violence.
