Serbia continues to obstruct the trial process for war crimes committed in Kosovo through a lack of legal cooperation with Kosovo and preventing the extradition of the accused. However, since 2021, the Special Prosecutor’s Office has filed 38 indictments, some of which are being judged in absentia.
Legal experts state that guilty verdicts from Kosovo’s courts are enforceable and that the criminal procedure code aligns with international standards, as outlined by the Venice Commission.
Serbia’s avoidance of cooperation in addressing war crimes committed by Serbia in Kosovo is complicating the process. Since 2021, the Special Prosecutor’s Office of Kosovo has filed 38 indictments, 14 of which are being judged in absentia, involving 156 individuals accused of sexual violence and war crimes. Ten war crime indictments have been raised, six of which are in absentia.
The Humanitarian Law Fund in Kosovo assesses that trials in absentia are made more difficult by Serbia’s avoidance of extraditing the accused, even though the number of indictments in absentia has increased with the entry into force of the law.
“There is no legal cooperation between the institutions of Kosovo and Serbia. This climate is favorable for those who have committed crimes and who live in Serbia, as the state of Serbia does not extradite them to be tried in Kosovo’s courts,” said Amer Alija from the Humanitarian Law Fund in Kosovo.
A large number of individuals accused of war crimes are elderly. In the event they are sentenced in absentia, they can request a retrial upon arrest.
Lawyer Ardin Bajraktari stated that bringing the accused war criminals to justice is a challenge in itself, while emphasizing that the law allows for them to serve their sentence once apprehended.
“One of the extremely significant challenges regarding trials in absentia is the enforcement or execution of decisions related to these offenses. In this regard, as I mentioned, our neighbor continues to be a haven for these criminals. The process of bringing them to justice is a challenge, but I believe the law enables that once they are apprehended, they will serve their sentence. Furthermore, the criminal procedure code allows for automated trials even with a request, as the Venice Commission has confirmed, noting that the criminal procedure code is in line with international standards set by the Venice Commission,” said Bajraktari.
Since 2021, until 2025, there have been 14 guilty verdicts from Kosovo’s courts against 15 individuals, one of which involves partial approval of a request to challenge evidence and dismissal of the indictment. Regarding the trial process in absentia and the fulfillment of conditions, this will be evaluated by the European Court of Human Rights in due course.
/RTK/
