Former Kosovo Rebel Leader Acquitted of War Crimes Charges

by Dan Forrest
Impunity Watch Senior Desk Officer, Europe

THE HAGUE, Netherlands - A former commander in the Kosovo Liberation Army was acquitted on Thursday of all charges of war crimes and crimes against humanity.  Ramush Haradinaj, who was also once a prime-minister of Kosovo, was acquitted of 37 counts of murder, persecution, rape, and torture. 

Haradinaj fought for KLA forces in the liberation effort against Serbia in 1998.  He was regarded as one of Kosovo's most feared leaders in the campaign against Serbia. 

Two other defendants also stood trial with Haradinaj in this case.  Idriz Balaj, a codefendant, was also acquitted on all counts.  The third defendant, Lahi Brahimaj was convicted of "cruel treatment and torture," for which he received a sentence of six years imprisonment. 

In a statement released to the press, the tribunal announced that the evidence "did not always allow the chamber to determine whether a crime was committed or whether the KLA was involved as alleged."  The court also concluded that "ill treatment was not on a scale of frequency that would allow for a conclusion that there was an attack against a civilian population."  While acknowledging that the evidence presented was vague and inconsistent, the tribunal did note that many witnesses seemed afraid to testify, even when threatened with contempt. 

Haradinaj has been released from a U.N. jail and was scheduled to return to Kosovo on Friday.  The prosecution has not yet decided whether it will appeal the tribunal's ruling. 

The acquittal is expected to further divide the already tumultuous relations between Serbia and Kosovo.  Most citizens in Kosovo regard Haradinaj as a national hero, and welcome his return.  Kosovo's Prime Minister Hasim Thaci praised the verdict: "This judicial process proves that the war of the Kosovo Liberation Army was a just, liberation war that followed international rules and conventions." 

In stark contrast, Serbians expressed outrage at the decision.  Serbian Prime Minister Vojislav Kostunica released a statement telling the press, "The ruling is truly worrisome.  It turns out that crime pays."  Serbia's President Boris Tadic echoed the sentiment.  He announced today that, "Haradinaj's acquittal does not bring justice and does not encourage the Serbs and other non-Albanians to trust they will have a safe and calm life in Kosovo in the future."

This decision may have future implications for the prosecution of war criminals in Europe.  Some feel that this verdict ensures that Ratko Mladic and Radovan Karadzic, two suspected war criminals, will never be captured.  Although these men are believed to be hiding near Belgrade, some fear that Serbia may not ever be willing to give them up after this decision. 

For more information, please see:

BBC - Hague court acquits Kosovo ex-PM - 3 April 2008

CNN - Serb outrage at Kosovo war crimes ruling - 4 April 2008

Impunity Watch - BRIEF: ICTY Hands Down Verdicts for Former KLA Leaders - 3 April 2008

International Herald Tribune - Former Kosovo leader acquitted of war crimes - 3 April 2008