Time for eULeX To prioriTize war crimes - Amnesty International ...

Kosovo: Time for EULEX to prioritize war crimes 9
4. WAR CRIMES PROSECUTIONS
RELATING TO KOSOVO IN OTHER
JURISDICTIONS
AT THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
(TRIBUNAL)
The Tribunal has jurisdiction to prosecute persons responsible for serious violations of
international humanitarian law committed in the territory of the former Yugoslavia, including
Kosovo, since 1991. The Tribunal has the power to prosecute persons responsible for
committing or ordering to be committed grave breaches of the Geneva Conventions of 12
August 1949, violations of the laws or customs of war, genocide, and crimes against
humanity. The Tribunal has ‘concurrent’ jurisdiction over these crimes – though it has
primacy over national courts. 13
Only three indictments were raised by the Tribunal in connection with war crimes and crimes
against humanity in Kosovo. By the time the Tribunal completes pending cases, it will have
tried only 11 defendants accused of crimes committed in Kosovo.
In February 2009 the Tribunal convicted five Serbian political, police and military leaders of
violations of the laws and customs of war (war crimes) and crimes against humanity in
Kosovo. Former Yugoslav Deputy Prime Minister Nikola Šainović, Yugoslav Army (VJ) General
Nebojša Pavković and Serbian police General Sreten Lukić were convicted of the deportation,
forcible transfer, murder and persecution (including rape) of thousands of ethnic Albanians
during the 1999 Kosovo conflict, and each sentenced to 22 years’ imprisonment. Former VJ
Colonel General Vladimir Lazarević and General Chief of Staff Dragoljub Odjanić were
convicted of aiding and abetting deportations, forcible transfer of population and other
inhumane acts, and each sentenced to 15 years’ imprisonment. Former President Milan
Milutinović was acquitted. An appeal is ongoing. The case against Slobodan Milošević was
discontinued due to his death whilst in the custody of the Tribunal.. 14
In February 2011 former Assistant Interior Minister Vlastimir Đorđević was convicted of
crimes against humanity and war crimes in Kosovo in 1999, and sentenced to 27 years’
imprisonment for persecutions on political, racial or religious grounds, murder, deportation
and forcible transfer of population. He was found responsible for police crimes leading to the
deportation of 800,000 Albanian civilians, the enforced disappearance of more than 800
ethnic Albanians, and for leading a conspiracy to conceal their bodies which were transported
to Serbia for reburial. The Trial Chamber found that Vlastimir Đorđević was “instrumental” in
efforts to “conceal the murders of Kosovo Albanians”, and “gave instructions for the
clandestine transportation of bodies”. 15 An appeal is ongoing.
On 27 September 2007 Fatmir Limaj, Haradin Bala and Isak Musliu, former members of the
KLA, were convicted for crimes against humanity and war crimes. They were charged in
Index: EUR 70/004/2012 Amnesty International April 2012