Hashim Thaçi’s lawyer stated that Milan Milutinović, the former Serbian president, was not considered criminally responsible for the events in Kosovo during 1998 and 1999.
Luka Misetic emphasized that despite this, the Special Prosecution in The Hague is asserting that Thaçi was responsible.
He noted that the jurisprudence of international courts and tribunals has determined that NATO intervened in Kosovo in response to a Serbian Joint Criminal Enterprise, while, according to Misetic, the Prosecution seeks to establish solely that the KLA had allegedly planned a similar criminal enterprise earlier.
“The Special Prosecution is asking you to conclude that, even though the president of an organized state had no criminal responsibility for the massive war crimes and crimes against humanity due to lack of effective control, the political leader of Kosovo Albanians and the KLA — an irregular armed group that had existed for only a few months — had effective control and criminal responsibility. This conclusion would constitute both a legal and historical injustice,” he stated.
