Humanitarian Law Center: War Crimes Trials in Absentia Are a Consequence of Serbian State Policies

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The Humanitarian Law Center (HLC) has stated that the indictments and trials in absentia of suspected war criminals related to Kosovo are the direct result of the policies of Serbian authorities.

In a report published on Monday, the HLC emphasized that these Serbian policies include:

Relativizing war crimes,

Protecting high-ranking Serbian officers,

Refusing cooperation with Kosovo’s judiciary,

Direct interference in the work of the War Crimes Prosecutor’s Office, and

Fostering a political climate in which international decisions and facts are interpreted by convicted war criminals.

According to the report, 53 indicted individuals, all members of Serbian forces, are accused of joint criminal enterprise in connection with war crimes committed in Meja, Korenica, Pacë, Rracaj, Nec, Dobrosh, Ramoc, and Bishtazhin.

The report also criticizes the Serbian War Crimes Prosecutor’s Office for institutional failure in 2015, when an EULEX prosecutor issued arrest warrants for 17 individuals, including Momir Stojanović, former head of Security in Pristina.

“Instead of initiating investigations based on EULEX evidence, the Serbian Prosecution issued a political statement, claiming Stojanović was not listed in their records as a possible perpetrator,” the report states.

The HLC further recalls the massacre of civilians and the discovery of the victims’ remains in eight mass graves in Batajnica.

“Over 20,000 people were forcibly deported to Albania, while their properties were looted and destroyed,” the report notes.

In April 2025, Kosovo’s Special War Crimes Prosecution filed indictments against 53 members of Serbian forces, including senior commanders and direct perpetrators. Among those indicted are:

Momir Stojanović – former head of Security in Pristina,

Sergej Perović – head of Security for the 52nd Artillery Brigade,

Milan Kotur – infantry chief in the Pristina Corps.

They are accused of:

Participating in the killing of 370 civilians,

Deporting over 20,000 people toward Albania through two border crossings,

Looting and destruction of private property.

The HLC stressed the urgent need for communication and cooperation between Serbian and Kosovar judicial institutions, including professional involvement from EULEX and the International Residual Mechanism for Criminal Tribunals (IRMCT).

“Trials in absentia are a political issue, not merely a legal one,” the HLC concludes. “There must be a solution that ensures regular judicial processes and fair verdicts for both victims and defendants.”

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