U.S. GOVERNMENT PUBLISHING OFFICE

36–132PDF WASHINGTON : 2019

KOSOVO’S WARTIME VICTIMS: THE 

QUEST FOR JUSTICE 

HEARING 

BEFORE THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED SIXTEENTH CONGRESS 

FIRST SESSION 

April 30, 2019 

Serial No. 116–28 

Printed for the use of the Committee on Foreign Affairs 

( 

Available: http://www.foreignaffairs.house.gov/, http://docs.house.gov, 

or http://www.govinfo.gov 
(II) 

COMMITTEE ON FOREIGN AFFAIRS 

ELIOT L. ENGEL, New York, Chairman 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

AMI BERA, California 

JOAQUIN CASTRO, Texas 

DINA TITUS, Nevada 

ADRIANO ESPAILLAT, New York 

TED LIEU, California 

SUSAN WILD, Pennsylvania 

DEAN PHILLIPS, Minnesota 

ILHAN OMAR, Minnesota 

COLIN ALLRED, Texas 

ANDY LEVIN, Michigan 

ABIGAIL SPANBERGER, Virginia 

CHRISSY HOULAHAN, Pennsylvania 

TOM MALINOWSKI, New Jersey 

DAVID TRONE, Maryland 

JIM COSTA, California 

JUAN VARGAS, California 

VICENTE GONZALEZ, Texas 

MICHAEL T. MCCAUL, Texas, Ranking 

Member 

CHRISTOPHER H. SMITH, New Jersey 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

SCOTT PERRY, Pennsylvania 

TED S. YOHO, Florida 

ADAM KINZINGER, Illinois 

LEE ZELDIN, New York 

JIM SENSENBRENNER, Wisconsin 

ANN WAGNER, Missouri 

BRIAN MAST, Florida 

FRANCIS ROONEY, Florida 

BRIAN FITZPATRICK, Pennsylvania 

JOHN CURTIS, Utah 

KEN BUCK, Colorado 

RON WRIGHT, Texas 

GUY RESCHENTHALER, Pennsylvania 

TIM BURCHETT, Tennessee 

GREG PENCE, Indiana 

STEVE WATKINS, Kansas 

MIKE GUEST, Mississippi 

JASON STEINBAUM, Staff Director 

BRENDAN SHIELDS, Republican Staff Director 
(III) 

C O N T E N T S 

Page 

WITNESSES 

Jahjaga, Atifete, Former President, Republic of Kosovo ...................................... 8 

Williams, Dr. Paul, Professor, Washington College of Law, American University ......................................................................................................................... 27 

Bytyqi, Ilir ................................................................................................................ 53

Krasniqi-Goodman, Vasfije ..................................................................................... 60 

APPENDIX 

Hearing Notice ......................................................................................................... 86 

Hearing Minutes ...................................................................................................... 87 

Hearing Attendance ................................................................................................. 88 

ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD BY CHAIRMAN 

ENGEL 

Written testimony of Mr. E. B. ............................................................................... 89 

Written testimony of Mr. Liri Loshi ....................................................................... 91 

Written testimony of Mr. Liridon Markaj .............................................................. 93 

Written testimony of Ms. Ferdonije Qerkezi ......................................................... 95 

Written testimony of Ms. H. U. .............................................................................. 98 

Written testimony of Ms. N. N. .............................................................................. 100 

Written testimony of Ms. Shyhrete Berisha .......................................................... 102 

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KOSOVO’S WARTIME VICTIMS: THE QUEST 

FOR JUSTICE 

Tuesday, April 30, 2019 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON FOREIGN AFFAIRS, 

Washington, DC 

The committee met, pursuant to notice, at 10 a.m., in Room 

2172, Rayburn House Office Building, Hon. Eliot Engel (chairman 

of the committee) presiding. 

Chairman ENGEL [presiding]. Good morning, everyone. The committee will come to order. 

Without objection, all members will have 5 days to submit statements, extraneous material, and questions for the record, subject 

to the length limitation in the rules. 

Let me, first of all, welcome our witnesses. 

This morning we will take a look back at the wars that ravaged 

the Balkans two decades ago and shine a light on how the victims 

in Kosovo are still seeking justice so many years down the road. 

In this committee, I find it often helpful to look back and consider 

what was happening on the global stage at different times in history, and there was a lot going on 20 years ago. 

In 1999, as we geared up for the new millennium, the euro was 

established; three former Soviet Bloc countries, Hungary, Poland, 

and the Czech Republic, became NATO allies; Boris Yeltsin resigned as President of Russia, turning over the reins of power to 

Vladimir Putin. And there was perhaps no more precarious situation than in the Balkans. The Bosnian War had recently ended, 

and the Dayton Agreement, concluded only a few months earlier, 

was only then entering its earliest implementation phase. 

But in Kosovo, things were much, much worse. After 10 years of 

crackdowns, violations of human rights, and severe ethnic discrimination, Slobodan Milosevic, the butcher of the Balkans, began a 

campaign to forcefully expel the ethnic Albanian population of 

Kosovo. In doing so, he displaced nearly 1 million people to countries around Kosovo, killed more than 11,000 ethnic Albanians, and 

initiated a policy leading to the rape of thousands of Kosovar 

women. Some 2,000 ethnic Serbs also lost their lives in the war. 

I would like to specifically call attention to a 2017 report from 

the Belgrade-based Humanitarian Law Center, HLC, titled, ‘‘The 

Cover-up of Evidence of Crimes During the War in Kosovo: The 

Concealment of Bodies Operation.’’ Now, according to HLC—this is 

what it said—‘‘Since 2001, mass graves containing the bodies of 

941 Kosovo Albanians, mainly civilians, killed outside combat situations in Kosovo during 1999, have been found in four locations in 

Serbia. The bodies found in mass graves belong not only to males, 
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but also to females and children as well. The cause of their deaths 

in most cases was a gunshot wound, mainly to the head, suggesting 

that the victims did not die in combat, but as a result of executionstyle killings. The decision to conceal evidence of crimes committed 

was planned as early as March 1999 at the highest level of the government. No one has ever been held accountable before courts in 

Serbia for the large-scale operation of concealment of bodies of 

Kosovo Albanian victims in mass graves.’’ I want to repeat that because it is really shocking. To this day, ‘‘No one’’—20 years—‘‘no 

one has ever been held accountable before courts in Serbia for the 

large-scale operation of concealment of bodies of Kosovo Albanian 

victims in mass graves.’’ 

I also want to highlight the work of Human Rights Watch in calling attention to the victims of Belgrade’s policy of forcible rape of 

up to 20,000 Kosovar women—20,000. In their report, ‘‘Kosovo: 

Rape as a Weapon of ‘Ethnic Cleansing,’ ’’ the Human Rights Watch 

laid out the case starkly. ‘‘The research found that rape and other 

forms of sexual violence were used in Kosovo in 1999 as weapons 

of war and instruments of systematic ‘ethnic cleansing’. Rapes were 

not rare and isolated acts committed by individual Serbian or 

Yugoslav forces, but rather were used deliberately as an instrument to terrorize the civilian population, extort money from their 

families, and push people to flee their homes. Rape furthered the 

goal of forcing ethnic Albanians from Kosovo.’’ 

But, to this day, 20 years later, there has been little to no justice 

for the victims. Those who lost loved ones or who were sexually assaulted themselves have been offered virtually no avenues to confront the perpetrators. Yes, the U.S. mission in Kosovo examined 

the crimes, but they did nothing to secure justice for the victims. 

EULEX considered several cases, but the effort was largely fruitless, leading to only a small number of convictions. The International Criminal Tribunal for the former Yugoslavia, the ICTY, 

indicted Milosevic, who later died in prison, but it has not achieved 

much else for the other Kosovars who suffered from his army’s war 

crimes. Regardless of the fact that the vast majority of war crimes 

during the Kosovo War were committed by forces under Belgrade’s 

command, the same number of Kosovar Albanians were indicted by 

the ICTY as Serbs, seven from each country. 

No one thinks people who committed war crimes should get away 

with their actions, but nothing underscores the unbalanced international justice arising from the Kosovo War more than this false 

equivalency. The United States and our European allies could have 

pressed for justice for the victims of Milosevic’s brutality, but, for 

the most part, we failed to take any substantive action. Even 

worse, in my opinion, the United States forced Kosovo to create a 

so-called ‘‘Special Court’’ to address allegations of violations by 

members of the Kosovo Liberation Army, the KLA. So, let’s see 

what this means. 

The Special Court addressed allegations of violations of the Albanian minority by members of the Kosovo Liberation Army, but did 

not do anything to the Serbs who committed such heinous acts of 

violence. Very, very unbalanced. No one is saying the KLA was 

somehow perfect and did not commit bad acts of its own, but let’s 

be crystal clear. The vast majority of crimes—the vast majority— 
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war crimes and crimes against humanity, were committed by the 

Yugoslav and Serbian security forces. That is a fact. There is no 

other way to look at what happened. 

No matter, said the United States and the EU, Kosovo needs a 

Special Court, and we proceeded to force it upon them. Regrettably, 

I went along with this, so the pressure could come off Pristina and 

the country could return to normal. All the while, did the State Department come down nearly as hard on Serbia, which committed 

the overwhelming bulk of the war crimes? Did we and our European allies demand that, in exchange for progress in EU ascension, 

Belgrade must address post-conflict justice? No, we did not. We 

dumped it all on Kosovo. Hence, Kosovo has a Special Court to investigate itself. Shameful and wrong, in my opinion. 

But, my friends, there may be a silver lining. The law creating 

the Specialist Chambers allows the prosecutor to indict anyone who 

committed war crimes in Kosovo during the war. But, to this day, 

it seems the court is only pursuing Albanians. I would suggest that 

anyone involved with this court pay attention right now. This committee will be monitoring the court closely to see that it addresses 

the perpetrators of all crimes which can be prosecuted under its jurisdiction, not only ethnic Albanians. 

In the bigger picture, I think the justice for the victims of the 

Kosovo War will never be achieved if we—and by ‘‘we,’’ I mean our 

State Department and the European Union—continue to sweep the 

whole thing under the rug. That is why this hearing is so important. It is critical that we hear firsthand from those who were brutalized at the hands of Belgrade in 1998 and 1999 and from those 

who are pressing for justice. 

We have an outstanding panel of witnesses this morning. I look 

forward to introducing them and hearing their testimony. 

But, first, I will yield to our ranking member, Mr. McCaul of 

Texas, for any opening remarks he might have. 

Mr. MCCAUL. Thank you, Mr. Chairman. 

Before we start this morning’s hearing, I want to address the developing situation in Venezuela. The chairman and I both got a 

briefing from Ambassador Bolton. I think things are moving very 

rapidly, hopefully, in the right direction. I continue to stand with 

the Venezuelan people and Interim President Juan Guaido, and 

urge Maduro to step down to allow peaceful transition in Venezuela 

and refrain from violence against his own people. The Venezuelan 

people need the support of the international community now more 

than ever, and I hope my colleagues here from both sides of the 

aisle can stand together in support of this cause for freedom and 

democracy. 

Now to the subject of this hearing, the war in Kosovo was a terrifying conflict that brought tremendous suffering to the Balkans. 

Over the course of a year and a half, ethnic tensions and violence 

forced families from their homes, took the lives of innocent civilians, and left an untold number of people scarred for life. 

Many of us remember the gruesome images shown across our TV 

screens or printed in the newspapers. Refugees were crammed into 

trains and sent off to camps. A spokesman for the United Nations 

Refugee Agency at the time said he was reminded of ‘‘the darkest 
4 

days at the end of World War II with refugees streaming in all directions.’’ 

We learned of horrifying war crimes that included torture, rape, 

and a program of ethnic cleansing carried out by Serbian forces. 

And by the end, there were 13,000 people that were dead or missing and over 1.2 million people had been displaced. It was a fullblown humanitarian crisis. 

This would be the last major conflict of the 20th century on a 

continent that is no stranger to war. And while an operation carried out by NATO helped bring the hostilities to a close in June 

1999, the war never actually ended for many of its victims. The 

horrors have stayed with the people who were forced to endure 

them. Some survivors have yet to experience justice for the crimes 

that were committed against them. Although we have pledged to 

never forget what happened in Kosovo 20 years ago, there are people who feel as if they have already been forgotten. 

Too many war criminals and perpetrators have yet to be punished for their evil actions. And while this is a sad reality, we can 

still take action and do something about this. This hearing will 

allow us to discuss what happened and review ways to seek the 

justice that needs to be served. 

This morning we will hear directly from our witnesses who can 

share their stories about what happened to them and their family 

members. Their truths must continue to be told. 

And I want to personally thank each of the witnesses here today, 

and all of us commend you for your strength, your courage, your 

commitments to peace. 

Of note, I want to also welcome Ms. Goodman from my home 

State of Texas. 

I am hopeful that your testimoneys will shed light on these atrocities that were committed and inspire others who have yet to share 

their stories. 

I would like to, finally, thank Chairman Engel for holding this 

important hearing, and I urge my colleagues to find ways in which 

we can work together to find the justice that has so far eluded the 

victims of this conflict. 

And with that, I yield back. 

Chairman ENGEL. Thank you, Mr. McCaul, for your statement 

and thank you for your involvement. 

Let me, first, introduce the witnesses. I am pleased to again welcome these distinguished witnesses to the Foreign Affairs Committee. 

First of all, we are honored by the presence of the former President of Kosovo, Atifete Jahjaga. President Jahjaga has played a 

critical role in raising the stature of the victims of Belgrade’s policy 

of forcible rape of Kosovo’s women. Her work has helped raise 

awareness of how victims of wartime rape for too long sat in shame 

and silence. She helped to de-stigmatize the wounds, so that people 

could discuss their pain and be compensated. 

Among those who will share with us her tragedy today is Vasfije 

Krasniqi-Goodman. Ms. Krasniqi-Goodman made history when she 

became one of the first victims of Belgrade’s campaign of sexual assault to speak publicly about what happened to her. I am deeply 

thankful for her courage and willingness to describe her, regret-
5 

tably, unsuccessful attempts to seek justice for the crimes she endured. 

A true retelling of the horrors of the Kosovo War would not be 

complete without Ilir Bytyqi. The murder and mass burial of his 

three brothers—all American citizens, by the way—the murder and 

burial by Serbian security forces, that represents, in my opinion, 

one of the worst crimes of the conflict. 

Mr. Bytyqi, whom I know, thank you for sharing with the committee your family’s experience. 

Finally, I would like to welcome Paul Williams, a professor at the 

American University’s Washington College of Law. My daughter is 

a proud graduate of that school. He has worked with issues affecting Kosovo for many years. 

Our witnesses today, and so many others, still seek justice, and 

I look forward to Professor Williams describing what has happened 

with legal efforts in the past and what avenues still remain available. 

I will now recognize our witnesses for 5 minutes, each to summarize their testimony. We will start with President Jahjaga. 

STATEMENT OF ATIFETE JAHJAGA, FORMER PRESIDENT, 

REPUBLIC OF KOSOVO 

Ms. JAHJAGA. Honorable Mr. Chairman of the committee, honorable ranking member, honorable members of the Foreign Affairs 

Committee, ladies and gentlemen, as I speak here today, I carry 

the burden of hundreds of thousands of lives that have been shattered by the war in Kosovo. They want their stories to be heard, 

and they demand justice for the crimes perpetrated against them. 

It is not a burden to take lightly. We would like to use this occasion to share their stories and seek support for our ongoing quest 

for justice. 

Around this time 20 years ago, NATO intervened in Kosovo to 

stop the ethnic cleansing of the Albanian population perpetrated by 

the Milosevic regime. We are forever grateful to the United States 

for its leadership in ending the war and opening a new chapter for 

Kosovo. Since then, we have been going through the tremendous 

task of dealing with grief and trauma, rebuilding our homes, building democratic institutions, and seeking justice, all at once. 

Our dignity and humanity were stripped away 20 years ago. The 

Albanians in Kosovo, as the democratic majority, were the target 

of some of the most grievous human rights violations. The Serbian 

police and military under the Milosevic control carried out widespread and systematic human rights abuses. Other ethnic minorities were caught up in between, and although not the target, suffered similar crimes. 

During an ethnic cleansing campaign, in less than 2 months, 

nearly 1 million Albanians were expelled from Kosovo. Inside 

Kosovo, in a crusade of killings, Serbian forces rounded up Albanian men and women of all ages in a door-to-door operation to summarily execute them. They perpetrated indiscriminate violence, 

separating families. They destroyed the social fabric of our community. 

During the Kosovo War, there were more than 100 mass killings, 

74 of which were recorded. Over 13,000 people were brutally mur-
6 

dered in the war, according to the Humanitarian Law Center, including 1,230 children under 18 whose lives and dreams were instantly shattered, 80 percent of them Albanian. There are still over 

1,600 missing. An estimated number of 20,000 women were raped, 

according to the Centers for Disease Control. Two-thirds of the 

homes and objects of historic value were burned to ashes. 

The devastation of war made a return to normalcy difficult. The 

war did not only influence interethnic relations, it also broke communities. The use of rape as a tool of war was meant to make war 

everlasting. 

I have met hundreds of women survivors of sexual violence. 

Their fearful experience is still vivid. They still suffer from physical 

injuries and severe PTSD. For many years, due to the stigma unjustly placed upon them, they were isolated, deprived of the life of 

opportunities, unable to even provide for themselves and their families. 

As a result, the vast majority of them live in dire economic conditions and in need of support. Still, every single one of them told 

me that, in order to move forward, they need recognition and justice more than anything else. 

While today very few cases have been prosecuted for this crime, 

there has been no conviction, not a single one. Ladies and gentlemen, the only way to help these women and men move past the 

horrors of the war is the justice. Kosovo has established a Special 

Court to ensure the mechanism of justice for any wrongdoing on 

our part. This has not been easy for us. It is beyond our comprehension that there have been more indictments issued for alleged crimes of the Kosovo Liberation Army than for the crimes of 

the Serbian forces committed in Kosovo, which were part of a plan, 

a blueprint drafted, orchestrated, and executed by the Milosevic regime. 

The main perpetrators of the most horrific crimes are still moving freely in Serbia and elsewhere. Serbian authorities even deny 

that atrocities in Kosovo occurred and continue to use Kosovo as 

a propaganda for internal political gains. 

The shadow of the war still lingers over Kosovo. It is present in 

the vivid memories and severe trauma of the survivors. It is 

present in the agony and desperation of the families of the missing 

people. It is present in the memory of the loved ones lost to the 

power lust of the brutal regime. 

Having experienced the devastation of war, all we want is a future in peace. That is why we are committed to the dialog to normalize relations with Serbia. We have already made all of the comprehensible compromises in order to reach peace with Serbia. From 

the Rambouillet Peace Agreement in 1999 to the Ahtisaari Plan in 

2007, Kosovo has made painful compromises. However, under no 

circumstances will the people of Kosovo ever allow their hardfought-for independence, serenity, or territory integrity to be placed 

into question. 

Justice for the crimes committed during the Kosovo War is long 

overdue, but it is not to be linked with a dialog with Serbia. Justice 

is not a matter of a negotiation. It is a legitimate right of everyone 

hurt by the war. This matter is bigger than politics and all of us. 

Justice is a precondition for the long-lasting peace. We owe it to 
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the loved ones whom we lost and the survivors still living with the 

open wounds. And above all, we owe it to our future generation for 

them not to go through what we did. 

That is why today I call upon the esteemed Members of the U.S. 

Congress to take a stand for justice, to hold Serbia accountable for 

the crimes and ethnic cleansing in Kosovo. 

I thank you for the honor. 

[The prepared statement of Ms. Jahjaga follows:] 
8 

Written Testimony of Atifete Jahjaga, Former President of the Republic of Kosovo 

submitted before the US. House of Representatives Committee on Foreign Affairs 

on 

"Kosovo's Wartime Victims: The QuestforJustice" 

April 30th, 2019 

Honorable Mr. Chairman of the Committee, 

Honorable Members ofthe Foreign Affairs Committee, 

Ladies and gentlemen, 

As I speak here today, I carry the burden of hundreds of thousands of lives that have been shattered 

by the war in Kosovo. They want their stories to be heard and demand justice for the crimes 

perpetrated against them. It is not a burden to take lightly. We would like to use this occasion to 

share parts of our painful history, and seek support for our ongoing quest for justice. More 

specifically, this hearing today offers us a chance to share with the U.S. lawmakers and the global 

audience how justice failed the victims of the Kosovo war and what measures should be taken in 

order to move forward. 

Around this time, 20 years ago, NATO intervened in Kosovo to stop the ethnic cleansing of the 

Albanian population ofKosovo committed under the orders of the President of Serbia of that time, 

Slobodan Milosevic. We are forever grateful to the U.S. for its leadership in ending the war and 

opening a new chapter of history for Kosovo. Since then, we have been going through the 

tremendous task of dealing with grief and trauma, rebuilding our homes, building democratic 

institutions, and seeking justice - all at once. 

In today's context, as we seek to normalize relations with our neighboring country of Serbia, the 

former aggressor, and negotiate peace - we want to bring to the fore the issue of justice for the war 

crimes and crimes against humanity committed by the Serbian state apparatus consisting of 

military, police, and paramilitary forces. This is not only a key issue for the citizens ofKosovo. It 

is imperative for establishing a durable peace through a recognition of the truth, which is currently 

under attack from various efforts of the Serbian authorities to distort historical facts about the 

Balkan wars, change the narrative, and minimize the harm, devastation, and the ethnic cleansing 

campaign against the Albanian Kosovars during 1998-1999. 

It is justice for the innocent lives that were taken, the survivors, as well as the families of the 

missing people, to share the truth about what happened in the Kosovo war with the committee 

members. 

Our dignity and humanity were stripped away 20 years ago. As numerous international verification 

missions, human rights reports, witnesses and survivors have attested, the Kosovo Albanians, as 

the ethnic majority of Kosovo, were the target of some of the most grievous human rights 
9 

violations during the Kosovo War of 1998-1999. Milosevic wielded absolute control over the 

Serbian police, military and paramilitary forces, which carried out extensive and systematic human 

rights abuses. Other ethnic minorities got caught up in between, and although not a primary target, 

suffered similar abuses. 

This war destroyed the lives of hundreds of thousands of civilians and forced nearly one million 

people to leave their homes. During the period 1998-2000, a total of 13,5351 people were killed, 

including 1,230 children under the age of 18, and 1,647 are still missing. 80% of these victims 

were Albanian. An estimated number of 20,000 Albanian women and men experienced sexual 

violence, as a tactic of war. 

In March and April of 1999, through an ethnic cleansing campaign, nearly one million refugees 

were expelled from the country. The overwhelming majority ofKosovo refugees were pushed by 

Serb forces to flee to the neighboring countries of Albania, Macedonia and Montenegro. This 

forced expulsion of about half ofKosovo's population was accompanied by a campaign ofteiTOr, 

abuse, torture, sexual violence, and killings. In the context of a joint criminal enterprise, as the 

International Criminal Tribunal for former Yugoslavia (ICTY) concluded, Serbian forces 

confiscated and destroyed personal identity documents as part of the plan of forcible displacement 

ofKosovo Albanians, with the purpose of making their return home much more difficult. 2 

First-hand stories of refugees are not only passed on from one generation to the other, but made 

headlines in the international media of the time. Serbian forces crammed Albanians from the 

capital Prishtina into trains, forcing them to leave -a scene that to many was reminiscent of scenes 

from the Holocaust during World War II. When three trains with about 5,000 refugees arrived in 

Bllace, Macedonia, a witness shared her account: 

"When the trains pulled in, people were pushed down the hill and crammed on to the train. 

Two old people died in the crush."3 

While hundreds of thousands of Kosovo Albanians were able to find refuge in neighboring 

countries, although in miserable conditions, tens of thousands experienced unspeakable crimes in 

Kosovo. Between 1998-1999 there were hundreds of mass killings, but only 74 of them were 

recorded. In a crusade of killings, Serbian forces rounded up Albanian men of all ages in door-todoor operations to summarily execute them. Indiscriminate violence was widespread. Families 

were separated. Innocent civilians were slaughtered. The social fahric of our communities was 

destroyed. 

Among the gravest orchestrated crimes against civilians were a series of massacres under 

"Operation Reka," which were characterized hy indiscriminate violence and mass executions. The 

operation was carried out in Gjakova in April 27 and 28, 1999. Serbian soldiers and police first 

entered the homes of over eight Albanian-inhabited villages of the Gjakova municipality, and 

forced the residents to leave.4 Several thousands of residents left at once in convoys oftractors, as 

1

Humanitarian Law Center, Kosovo Memory Book 1998-2000. httn· '1\V\V\Y kosgvomemorybnok_org!?nage id=29&!ang=de 2 Humanitarian Law Center, "Dossier Operation Reka", 2015. http·/fwww hlc-rdc org\m-content/uplnpds/1015110/Dossier~Opcration Rrka pdf 

>Marcus Turner, "War In The Balkans: Kosovo close to fuJI ethnic cleansing", 1999. httns://www.independent co uk/newstv~-ar-in-the-balkamkosovo-dost'·W:ftt!l~ethnjc:eleansing- I 084 51 0. htm! 4 Humanitarian LawC'..enter, "Dossier Operation Reka", 2015. b!IQ'II\\WW.hlc-rdc.on•\w-t'Ontent/uploads/201 5/10/Do-:sit'r-Operation Reka.pdf 

2 
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Serbian soldiers and police led them towards the city ofGjakova. At the checking point there, they 

robbed them of all the money and jewelry they could find, and then separated the men from the 

women, the children, and the elderly, who were forced to move in the direction of Albania. 350 

Kosovo Albanian civilian men were killed in this operation, including 36 underage boys. 5 There 

were no survivors in this mass killing. The Belgrade-based organization Humanitarian Law Center 

(HLC) has documented the whole operation, from the planning of the operation to the concealment 

of the bodies, and their dossier includes the names of all the men lost in this operation. 

Concealment of the bodies was also orchestrated by the high-level authorities of the regime. The 

bodies of 350 men, who were brutally killed, were buried in mass graves in several locations in 

the municipality of Gjakova. Then, days after, those bodies were disinterred from the primary 

graves, put into refrigerated lorries, and transported to Serbia in several locations near Belgrade. 

309 mortal remains of the 350 men killed in the operation were found in 2001 in a secret mass 

grave in Batajnica, a suburb of Belgrade. 

The whole operation and the cover up were planned by high-level police and military of the Federal 

Republic of Yugoslavia (FRY), almost all of whom were "found guilty and convicted by the ICTY 

for the crimes committed in Operation Reka."6 

To date, Batajnica was the largest mass graves ofKosovo Albanian bodies, but not the only one. 

There are three other locations in Serbia where mortal remains ofKosovo Albanian civilian men, 

women, and children were found, and there's reason to believe that there are still more that have 

not been disclosed to date. A total of 941 bodies of Kosovo Albanians, killed mainly in execution 

style with gunshots mostly in their head, have been found in four mass graves: 7 744 of them in 

Batajnica, and the rest in Petrovo Selo, Lake Perucac, and Rudnica. The first three were found in 

2001, whereas the one in Rudnica in late 2013. Evidence indicates that the decision to conceal the 

bodies was given directly by former President of FRY, Slobodan Milosevic, in an effort to hide 

evidence of mass killings and ethnic cleansing ofKosovo Albanians. In the regime ofthe time, 

this process was called "clearing up the terrain" or "sanitization."8 

Yet, the scale of crimes against Kosovo Albanians was so immense that it was impossible to match 

with a cover-up scheme. The evidence of these crimes screamed through the bodies of the men, 

women, and children, which were even left in the open for weeks. It still screams through the 

injuries and physical damages of those who have been tortured and raped, and still have wounds 

and severe post traumatic stress disorder (PTSD). And it screams through the stories of survivors, 

who witnessed atrocities that still haunt them. 

Besarta Jashari was only 10 when she witnessed the brutal massacre of her entire family of 56 

members, including children, women, and elderly. On March 5, 1999, the Serbian police 

surrounded her family with heavy artillery and tanks, in an effort to kill Adem Jashari, Hamez 

5 Humanitarian Law Center, "Dos..'\ier Operation Reka", 2015. http://wvvw.hlc-rdc.org/wp-content/uploadsl20 15/10/Dossier-Operation Reka.pdf 6 1bid. More information about the ICTY convictions for crimes committed in Operation Reka can be found in the appeal judgement of 

Djordjevic 2014 and Sainovic et aL 2014 7

Humanitarian Law Center, '"Dossier: The cover-up of evidence of crimes during the \Varin Kosovo: TilE CONCEALMENT OF BODIES 

OPERATION", 2017. http"//w\vw h1c~rdc org\m~content/uploads/20 17/01 /Dosiie OPERACUA SKRIV ANJA TELA eng pdf 8

Jbid 

3 
11 

Jashari, and Shahan Jashari, who were leaders of Kosovo's armed resistance. 9 After a three-day 

siege, everyone was killed, except for Besarta. She lived to tell the truth to us, and to the world. 

Among others, she shared her story with the late war correspondent for The Times, Marie Colvin, 

who then revealed it to the world. She described the moments after Besarta shook her three dead 

sisters (7, 8, and 10 years old), trying to wake them up: 

"Besarta climbed through a hole in the wall and ran around the house, shouting: 'Anybody 

- is anybody still alive?' When nobody answered, she crawled back under the table. The 

pause in the shelling was all too brief. Besarta would spend the night and the next day 

alone, with her family dead all around her, as the Serbs' rockets came again and again, 

smashing into the whitewashed house with red-tiled roe that had once been home. A bright, 

happy pupil at school, Besarta was the sole survivor of an attack that can now be revealed 

as nothing less than a calculated, cold-blooded massacre." 10 

Another cold-blooded massacre was committed in Reyak on January 15, 1999, where 45 Kosovo 

Albanians, including women and a child, were brutally killed. They were shot at close range, 

mostly in the head. Human Rights Watch reports showed that the Serbian special police forces and 

the Yugoslav Army had orders from high level government officials to "go in heavy" in Revak 

and kill the village inhabitants. 11 A survivor from the Revak Massacre told Human Rights Watch: 

"My son H.B. was running on my left side, maybe two meters from me. He had his trousers 

in his hands, we did not have time to dress properly. He was warning me to move aside 

and suddenly he fell down. The bullet hit him in the neck. In front of me, my husband fell 

as well. He didn't move anymore." 12 

ln the immediate wake of the massacre, Ambassador William Walker, who then led the Kosovo 

Verification Mission, saw the crime scene. 

"From what I personally saw, I do not hesitate to describe the event as a massacre, 

obviously a crime very much against humanity." 13 

In Revak, international monitors and journalists witnessed the atrocities, as well as the regime's 

efforts to change the narrative of what had happened there. Ambassador Walker reflects on what 

he saw the day after: 

"We started up the hill again, and every 15 or 20 yards, there was another body, in all sorts 

of grotesque postures. All the ones that I saw were older men, and they were obviously 

peasants. There was no sign of uniforms or weapons. They were killed where they lay, the 

way the bullets were in their bodies, in their eyes, and in their tops of their heads, they had 

been killed where they lay. There was no way this could have been faked" ... "Nothing I saw 

9 Armend R. Bekaj, "TheKLA and the Kosovo War". httns:f/wv.·w berghee~ 

foundation. ore/ til ead mi n/redaktion!Puhl !cat ions/Papers!T rans i tions Senes/trans1t wns8 kosovo. pdf 10 Marie Colvin, «The Massacre at Prekaz", 1998. http://\V\VW bosma.org uk/news/news body.cfm"newsid=c2842 11Human Rights Watch, "Human Rights Watch investigation finds: Yugoslav Forces Guilty of War Crimes inRacak, Kosovo", 1999. 

https://"vww.hrw.org/report:'il999/kosovo/Obrinje9~07.htm 

12 Human Rights Watch, "Yugoslav Government War Crimes in Racak", 1998. htms.//www.hrw.org/legacy/campaignslkosovo98/racak.shtml 13 Radio Free Europe/Radio Liberty, "They Screamed Until They Died-- Remembering Kosovo's Racak Massacre", 2019. Video accessed 

through https:l/www.youtube.comiwatch?v=k04sVJel.awE 

4 
12 

on the hill had anything in common with the government's first story, which was that there 

was a clash with uniformed, armed KLA, and that 15 had been killed. Everything I saw 

was consistent with what the villagers were telling me, less than 24 hours after it had 

happened, which was that the government had come in there and done this. The 

government was already putting out stories that uniforms had been taken off, and other 

clothes put on. The stories got more and more fanciful as the days progressed." 14 

The brutal images of Revak were shared with the world, through international journalists that saw 

the aftermath of the massacre. This showed the world the truth of what had happened. But there 

were hundreds of cases of killings, torture, rape, and brutal force used against the civilians that 

never made headlines. In some cases, they were covered in the reports of international missions 

that interviewed refugees. A psychologist who interviewed women survivors of sexual violence 

shared the stories she collected in a report for the UNFPA: 

"In Berlenitz, women told of soldiers separating the men from the others. Soldiers wearing 

masks encircled the young boys and women. The young boys had their throats slit one at a 

time, but only after their ears and sometimes their noses had been cut ef. The torturers 

sharpened their knives in front of the women and terrorized children. They then cut open 

the stomachs of many pregnant women and skewered the fetus on their blades. One of the 

witnesses was 32 years old. She was spared because her pregnancy was not yet visible. She 

is currently in a clinic trying carry out her pregnancy in spite of severe contractions that 

began during the scene of the torture." 1

5 

And there are hundreds other experiences that were never heard. Not in the media. Not in the 

reports of local and international organizations. In most cases, these experiences are passed on 

from one generation to another to make sure that we never forget what happened. In some cases, 

predominantly with survivors of sexual violence, the experiences die with the survivors. 

Even with all the efforts to "clear up the terrain," destroy evidence, and change the narrative, the 

truth always finds a way of coming out. It was revealed through the testimonies of survivors and 

witnesses, international observers and journalists, and it was also revealed by some Serbian 

soldiers, who were apart of the Kosovo war. A few of the ones who have shared their experiences 

publicly seem to not be able to live with themselves after what they have seen or perpetrated. A 

Serbian officer in the former Yugoslav Army during the Kosovo war recollects horrific stories 

from that period: 

"During one ethnie cleansing operation in a village in south-eastern Kosovo, we gave the 

villagers half an hour to leave their homes. They were standing in a long line along the 

road leading out of the settlement. A reservist nicknamed Crni (Black) went up to an old 

man who was holding a child aged around three or four. He grabbed the toddler from the 

man's arms and demanded a ransom of 20,000 German marks. The Albanian only had 

5,000. Crni took the child by the hair, pulled out a knife and hacked off its head. '5,000 is 

14PBS 'Frontline, "Ambassador William Walker Interview". httns·//\nvw phs.orglwghh/pages/frontline/showsfkosovo/intervie-\vsfwalker.html 15United Nations Population Fund, "Assessment Report on Sexual Violence in Kosovo", 1999. https"//re!ief..~·eh.intlreport/serhiafnssessrnentreoort-sexual-vio!ence-kosovo 

5 
13 

only enough for the body,' he said and walked off past the other villagers, carrying the 

child's head by its hair. All of this took place in front ofdozcns of people. We were all in 

a state of shock: some soldiers vomited, while our young second lieutenant fainted at the 

terrible sight of the headless body writhing in the dust." 16 

The officer is still enraged that Crni was never tried as he should have, but was just declared insane 

and was let free. 

Another officer shares a similar story. 

"I watched with my own eyes as a reservist lined up around 30 Albanian women and 

children against a wall. I thought he just wanted to frighten them, but then he crouched 

down behind an anti-aircraft machine-gun and pulled the trigger. The half-inch bullets just 

tore their bodies apart. It looked like a scene from a cheap movie, but it really happened. I 

don't know how I will live with these memories, how I'll be able to raise my own children. 

I'm not willing to accept the collective guilt. I want to see those who committed these 

atrocities stand trial for their crimes. "17 

Just like this officer, we want to see those who committed these atrocities in trial. It is not our 

choice to make "monsters" out of an entire population. That is why we need justice, and that is 

why we need Serbian authorities to take responsibility for the atrocities committed during the 

Milosevic regime. This is the only way for the people of both Kosovo and Serbia to distinguish 

between those who committed crimes and those who did not. And when this difference is clearly 

established, we have a solid chance to move forward. 

Now, I would like to bring to your attention a matter that is very close to my heart. One, for which 

unlike other atrocities, it took us years to be able to talk about - openly. One, where the victims 

and survivors are judged instead of being supported. That is the issue of sexual violence during 

the Kosovo war. 

During the Kosovo War, rape was utilized as a weapon of war. As in many other conflicts where 

rape is used as a tool of war, the survivors face stigma for a crime unjustly committed against 

them. Rape was used to destroy the social fabric of our communities. By brutally violating the 

bodies of the women, the Serbian military, police, and paramilitary forces were attacking the men 

who were not accessible to them, and whom they could not kill and torture directly. 18 Through 

rape, they aimed to emasculate Kosovo Albanian men by calling them out for being weak and 

incapable of "protecting" their women. In most cases, women survivors of sexual violence were 

spared their lives, though tremendously injured both physically and psychologically, and were told 

that they were allowed to live so that they could remember "who did that to them." Most survivors 

begged the rapists to kill them, after being completely stripped off of their dignity and humanity. 

lt> Global Voices Balkans.. "Serb Officers Relive Killings", 2019. hrtns·IJmmcnt'tlg!obal·vnicest;rerh"ofticer;Helive"kJllings 

17 1bid. 

18 United Nations Population Fund, "Assessment Report on Sexual V10lencc in Kosovo", t 999. https:f/rclief\veb.intlreportfscrhiafassessment· n•nort~spaml.violence-kosovo 

6 
14 

Instead, in most cases, the Serbian forces removed their masks during the act of their crime 

demanding that the women look at their face so that they could remember them throughout their 

lives. 

Prior to the war, Kosovo Albanian women were demonized by the state produced propaganda of 

the Milosevic regime and portrayed as worthless childbearing factories. This propaganda fueled 

the hysteria that the high birth rate among the Kosovo Albanians would further increase their 

demographic percentage in Kosovo, and thus lead to their takeover of the country. 19 As such, rape 

was weaponized to significantly decrease the reproduction rate, by either causing permanent 

injuries due to which women could not bear children, or by marking them for life in an effort to 

make them unwanted by the society. 

There is no exact number of survivors of sexual violence during the war. Most women did not 

report the rape due to feelings of shame and stigma. Some of them were murdered after the rape. 

Thus, the exact number of survivors will never be known. Based on a survey of women refugees 

conducted by the Center for Disease Control and Prevention in 1999, the estimate is that between 

August 1998 and August 1999, between 23,200 and 45,600 Kosovar Albanian women were 

raped.20 The Center for Protection of Women and Children, a local NGO, estimate that at least 

20,000 women and girls were raped. Some other reports have estimates ranges between 10,000 

and 30,000 cases of survivors of sexual violence. 21 While the overwhelming majority of victims 

of rape were women, there were also men that were raped, as a tactic of war. Given the different 

estimates, we take the estimate 20,000 women and men raped as a good approximation to the real 

number, based on the average of the available data. 

As we can observe in other conflicts too, one of the ways that rape serves its role as a weapon of 

war is by unjustly putting the blame on the victim, rather than the perpetrator. The act of the rape 

is always surrounded by shame: the collective and individual shame of women for what they have 

gone through, as well as the collective shame of men for not being able to "protect" the women. 

Ultimately women carry their shame, as well as the price for the shame and emasculation that men 

feel, and as a result the stigma is unjustly placed upon them. It is no surprise that a vast majority 

of them did not report the crime against them, and that until now only two of them- Marte Tunaj 

and Vasfije Krasniqi Goodman- have openly shared their story. 

In the aftermath of the Kosovo war, unfortunately, addressing the issue of the survivors of sexual 

violence was not regarded as a priority. Not by the international community who had executive 

19 Human Rights Watch, "III. Gender-based violence against Kosovar Albanian Women", 2000 

https:l/v.'\\ \V.hrw.orWlegacv/reports/2000/iiy/KosovOOJ-02. htm#P 152 28499 20Michelle Hynes, "Sexual Violence Against Refugee Women", 2000 

httns:!/www.researchgate.net/publtcation/12252633 Sexual Violence Against Refugee Women 21 Kosova Women's Network, "Exploratory Research on The Extent of Gender-Based Violence in Kosova and Its Impact on Women's 

Reproductive Health", 2008, https://womensnetwork.org/ym·content/uploads/20! 8/l 0/201301201656 I 4663 pdt 

Serbeze Haxhiaj, "'The Enduring Agony of Wartime Rape in Kosovo", Balkan Insight, 2017 

https;//balkanins io ht.cont/20 17/05/29/agonv-of-wartime-rane-victims-endures-in-kosovo-05-28-20 17 -ll 

7 
15 

powers over the territory of Kosovo, neither by the provisional government institutions of our 

country. In absence of attention from the central level, women activists began working directly 

with survivors, trying to provide emergency services. Yet, it took time for survivors to come to the 

local organizations offering help, and often even more time to open up to them. As years went by, 

many women committed suicide, and a number of them died of different diseases that were at least 

partially related to their experience. We will never be able to offer these survivors full recognition, 

reparation, or justice for their suffering, and failing them will forever be a burden in our 

conscience. 

In spite of the challenging context, women activists were vocal, and kept fighting the silence and 

the social taboo of this horrendous war crime. In 2014, during my mandate as the President of the 

Republic ofKosovo, the National Council on the Survivors of Sexual Violence during the War in 

Kosovo was established by Presidential decree. 22 The council brought together stakeholders to 

coordinate efforts to meet the needs of the survivors, from recognition of their status to reparation, 

access to justice, and fight to end stigma. In the same year, the Parliament amended the Law on 

the Status of War Veterans and Families of the Civilian Victims to include the survivors of sexual 

violence during the war. Based on this amendment, in 2015, the Government ofKosovo passed a 

regulation to establish a special commission that would facilitate the distribution of individual 

benefits. The Government Commission on Recognition and Verification of the Status of Sexual 

Violence Victims During the Kosovo Liberation War began its operations in 2018, and to date 

1,02623 women have applied for the legal recognition of their status. 

Upon leaving office, I established the Jahjaga Foundation, which is focused on empowering youth 

and women ofKosovo to push for positive developments in our society and beyond. Empowering 

the survivors of sexual violence and supporting their plea for justice is one of the central issues 

that the Foundation has been working on. The Jahjaga Foundation continues to be a strong 

advocate for the survivors through continuous advocacy projects for the recognition of their status, 

ending stigma, and facilitating access to justice. Still, there is much more that must to be done to 

meet many of the needs of the survivors, starting with economic empowerment. Due to the stigma 

unjustly placed upon them, the survivors were isolated, deprived of life opportunities, unable to 

even provide for themselves and their families. As a result, the vast majority of them live in dire 

economic conditions and in need of support. 

Another very sensitive matter that is still to be publicly and institutionally addressed relates to 

children born out of rape, who at present must be have 20 years of age. There is a dearth of data 

or even estimates as to what the number of children born as a result of the rape is, as the vast 

22 More information on the comext in this matter can be found in the UN Women report ''The conflict did not bring us flowers", 2016 

http) /www ltnwomen on!l-/medialheadq tmrters/attachrwms/sectiond!!hrarylmJhllptiomi20 16!the~conflictMdid-not-bring-us11mvcq eno pdf)la=en&vs=5055 23 Data provided by the Government Commission on Recognition and Verification of the Status of Sexual Violence Victims During the Kosovo 

Liberation War, April2019. 

8 
16 

majority of survivors in this situation kept this information hidden or unreported. A survivor who 

was impregnated after rape, shared her story two years ago. 

"One woman who gave birth as a result of wartime rape said paramilitary units held her for 

two days in a private house in a village near Peja. 'I didn't even know I was pregnant. 

When a medical doctor told me about the pregnancy, I wanted to commit suicide. I was 17. 

They told me the pregnancy was in the sixth month and it was too late for an abortion,' she 

said. In a short, difficult conversation at one of the centres providing support to victims of 

violence, she shared her story of the baby's delivery. 'A doctor and a psychologist arranged 

with an urologist to write a diagnosis, showing allegedly that my belly was growing 

because one of my kidneys wasn't working,' she said. A German NGO paid the rent for a 

flat where she could hide from her family until she gave birth. She said her son was a 

healthy baby: 'He didn't cry at all.' But she only breast fed him once- and then gave him 

up. 'I don't know where he is. I didn't want to know about him. I still don't want to know,' 

she replied briefly, declining to offer more details."24 

Published in a local news portal, her story was a reminder of the many cases like her, and the 

collective failure to do them justice. This matter requires to be handled with great sensitivity, and 

we are still trying to figure out how to help the young men and women, and their families, without 

putting them at risk of prejudice, bullying, or any other potential harm. 

Most pregnancies that resulted due to rape were ended as early as possible. They were done in 

very poor conditions, and again due to stigma, the number of abortions cannot even be estimated. 

One of the organizations that works with survivors claims that 12 out of the 120 women they work 

with became pregnant after the rape. Out of the 12, 11 of them had abortions, and one of them had 

the child, and then abandoned the baby. 25 This is one organization alone. 

We are still working hard to navigate this consequence of the war, that we inherited from the 

Milosevic regime, and provide support and reparations to the survivors. It is a daunting task, which 

is made harder when the perpetrators run free and the Serbian authorities deny their responsibility. 

It is a battle that we have to fight on many fronts, starting with medical support and psychosocial 

help, to fight against stigma, economic empowerment, support for children born as a result of rape, 

and access to justice. Survivors of sexual violence during the war in Kosovo have many needs. 

Having met hundreds of them, I have to share that every single one of them, told me that they need 

justice more than anything else, in order to move forward. 

There have been some efforts towards justice for sexual violence, 26 but that is not merely enough. 

That is why we will continue to call for justice. But, we also have to remember that we are running 

2

'

1 Serbeze Haxluaj, "The Enduring Agony of Wartime Rape in Kosovo", Balkan Insight, 2017. https //balkanms!pht.com/2017/0"/29/aMny-ofwartime-rape-victlm£-endures-in-kosovoM05-28·20 1 7-I I 15Ibid 

26 In the lCTY mega trial of six Serbian leaders of the Yugoslav security sector, only General Nebojsa Pavkovic, the commander of the Third 

Army, was found responsible for the sexual violence committed under his watch, a violence he knew and could foresee, but did not stop nor 

9 
17 

out of time. Time is taking its toll on the survivors and remaining witnesses and they cannot wait 

forever to see justice being served. That is why we have to act now. Justice is long overdue. 

Another matter that is long overdue is the return of the missing people, if they are alive, or their 

remains. To date, 1,647 people remain unaccounted for. 27 The issue of the missing people is still 

an open wound that makes countless families relieve the pains of the war. Twenty years after the 

war, there are numerous many of us who are still looking for our missing loved ones- parents, 

spouses, siblings, and children. 

We have to do everything possible to shed light on the fate of the missing persons. Our citizens 

have the right to know what happened to their loved ones. They are not asking for revenge. They 

need answers and they need closure. And if they cannot get their loved ones back alive, they are 

at least entitled to have a grave they can visit, and after 20 years, be able to grief. 

We have tried to learn more about the fate of the missing people through a number of initiatives, 

but progress has been slow. All these endeavors, in which the institutions of our country, family 

members and the international community were involved, have unfortunately been met by the 

institutions of Serbia's unwillingness to cooperate. And cooperation with Serbia, which does not 

share data and does not open its archives, is essential to obtaining these answers. States who are 

truly committed to justice must abide by international norms and regulations, and must not hide 

the crimes. By hiding them, they become accomplice to the regime who committed them in the 

first place. 

As years go by, the families of the missing people try different avenues to .find their loved ones. 

They pressure Kosovo institutions, and share their stories for local and international media and 

missions, in an effort to pressure Serbia to disclose information about them. Nairn Hadergjonaj 

shared his quest to find his two missing brothers for the International Committee of the Red Cross. 

"Our hopes won't vanish until they - or something belonging to them - is found, dead or 

alive, we believe the truth will come out."28 

Halil Ujkani, 85 years old, is still looking for his three sons who went missing in Spring 1999. 

"The Serbian military caught them on the evening of April 19 in the Serb-inhabited village 

of Dreth. An old Serb woman who was taking care of her cows said that she witnessed the 

moment when they were stopped by the military. There was no shooting or killings that 

day." ... "On April22, my Serb neighbours in north Mitrovica saw my son and some other 

while Serbian military took them in a military truck ... My neighbour Bogoljub Aleksic 

pooished (MilutinoviC eta!. 2009). It took five more years and the Appeal Judgment agair~st Nikola SaincviC, former Deputy Prime Minister, 

SretcnLukiC, former head of the MUP (Minbiry of the Interior) in Kosovo (Sa:inoviC etaL 2014), and Vlastimir DjordjeviC, former Assistant 

Minister of the Serbian MUP (DjordjeviC 20 !4), for the ICTY to recognize that judges had made "a legal error" by not finding them guilty of the 

same crime: sexual violence as a crime against humanity in the persecution of the Albanian population in Kosovo. 27Jnternational Committee ofthe Red Cross. "Twenty years on, 1,647 people still missingJn Kosovo," 2018 

httns://w\\->.v_icrc.org/en/document/twentv-years-1647-pi:>OD!e-stiH-missing-kosovo 

2

!\ International Committee of the Red Cross, "Kosovo: Families of missing persons are still tooking for aru..·wers", 2016. 

https:l/\\"\nv.ic-rc.{lTJfi~n/documenukosovo-filmJ!ies-missin!.!~persons-are-stil!-looking~ans\vers 

10 
18 

heard that they were taking them to Pozarevac [in Serbia]." ... "! have searched for them 

both among the living and among the dead. Every day I imagine that I'm finding them."29 

It is important for us to share with the Committee that the majority of the missing people ofKosovo 

are Kosovo Albanians. Among them there are also Serb, Roma, Bosniak, and other minority 

communities. Yet, they are all the same to us. They are all Kosovo citizens, and their families want 

them back- dead or alive. And we continue to keep looking for all of them, until we know of their 

fate, and their families finally get closure. And we will continue to seek justice for everything that 

happened to all. No exceptions. 

Recognizing that justice is central for a strong democracy, well fimctioning of the country, as well 

as to reconciliation efforts with Serbia and our quest for long-lasting peace, Kosovo has established 

a Specialist Court for crimes allegedly committed in Kosovo by the Kosovo Liberation Army 

(KLA), to ensure a mechanism of justice for any wrongdoing. This has not been easy for us, since 

the main perpetrators of the widespread and systematic crimes committed against us are still 

moving freely in Serbia and elsewhere. 

To date, there have been some, yet insufficient, efforts to provide justice for the war in Kosovo. 

One of them was through the International Criminal Tribunal for the former Yugoslavia at The 

Hague, established by the United Nations in 1993. The ICTY was launched with high expectations 

and the hope that it could show great progress in prosecuting individuals responsible for serious 

violations of the international humanitarian law that were committed in the territory ofthe former 

Yugoslavia since 1991. But the quest for justice was painfully slow and it did not result in a full 

or coherent exercise of retributive justice. 

A glaring example was the prosecution ofMilosevic. Milosevic was initially arrested and charged 

with abuse of power and corruption, and then transferred to The Hague to face charges of crimes 

against humanity, war crimes, and genocide before the ICTY. However, Milosevic died from 

natural causes before getting his verdict. His demise only added to the frustration of millions of 

people, in Kosovo, Bosnia and Croatia, that he could not be judged for the horrendous crimes of 

which he stood accused. The ICTY through a lengthy and highly complex trial failed to deliver 

Milosevic the verdict on charges of genocide, crimes against humanity, grave breaches of the 

Geneva Conventions, and violations of the laws and customs of war. Moreover, by having a broad 

scope of charges tied to only this figure, ICTY failed to indict and prosecute many of his fellow 

collaborators. Milosevic even got to defend himself in the process - to cross-examine witnesses, 

to further intimidate the women sitting across from him that were raped by the Serbian forces under 

his orders. 

The ICTY has set important precedents in international law in many respects, but the ICTY fuiled 

to bring justice to many Kosovars who lost their loved ones in the conflict, and to create a record 

of the wide range of crimes/atrocities that were committed during the Kosovo War. This failure 

extended to UN-run courts in Kosovo, who despite broad competencies to investigate a crime 

scene- which Kosovo was in 1999- did little to deliver justice for the crimes committed and thus 

also address the collective trauma that Kosovo suffers from. 

:::~!r~::~:,;~:~~~ •Su!ler as Search' Goes", 2018_ https·//balkaninslghtcom/20 18/08i30/missimz~w·rsons~ 

II 
19 

While there are still many cases pending in different courts, there have only been 64 final 

convictions for war crimes - over the lengthy course of 20 years. lCTY convicted eight Serbian 

leaders for war crimes and crimes against humanity in Kosovo. Two Albanians, KLA 

commanders, were convicted for war crimes in Kosovo. In Serbia, courts have convicted 15 Serbs 

and one Albanian for war crimes. ln Kosovo, under the jurisdiction of United Nations Mission in 

Kosovo and the European Union Rule of Law (EULEX) mission in Kosovo, there have been40 

persons convicted for war crimes - 35 of whom are Albanians, four Serbians, and one Roma. 30 

Thus, there are a total number of 64 persons convicted of war crimes in Kosovo, the majority of 

which are Albanians (38), whereas there are 25 Serbs and one Roma. 

The number of trials for the crime of sexual violence are even smaller. At the ICTY it took a long 

time to at least establish that rape was not an isolated crime but was deployed in the campaign of 

ethnic cleansing with the intent of terrorizing people. In domestic courts, we are very far from 

justice. In the two trials for rape in the Serbian Special War Crimes Chamber, the charges were 

against fanner KLA members, one of whom was convicted. 31 In Kosovo, so far, there have been 

only three cases of prosecutions for rape, which were acquitted after appeaL 

It is beyond any comprehension that until now there have been more indictments issued for crimes 

allegedly committed by the KLA than for the planned and orchestrated crimes of Serbian forces 

committed in Kosovo. While all perpetrators of all types of crimes must be brought to justice, there 

is a difference we must recognize. In the Kosovo war, violence was orchestrated by the Serbian 

state. In the aftennath of the war, ethnic crimes were perpetrated by members of Albanian anned 

groups and individuals. We need to set the record straight: the ethnic cleansing, the war crimes, 

the rapes as tool of war, the execution of men in Croatia, Bosnia and in Kosovo were part of a 

plan, a blueprint drafted, orchestrated and executed by the state, by the government of Serbia -a 

deliberate plan to ethnically cleanse or kill another ethnicity to consolidate power. 

We would like to emphasize one very significant matter, as we move forward. Kosovo does not 

have a problem with the Serbian people. Our issue is with those who perpetrated, supported or 

deny these crimes and who should be held accountable. Our fundamental issue is that there is still 

no justice for people who have been brutally massacred. For those who have experienced inhumane 

treatment and torture. For survivors of sexual violence who are still condemned to silence. For the 

missing people, whose families do not even have a grave where they can cry on. For the thousands 

of children orphaned by the war. For the countless number of children abandoned because they 

were born as a result of rape. For the bodies concealed into mass graves. The perpetrators of these 

crimes are moving freely in Serbia, and their impunity is our fundamental issue. 

Some citizens of Serbia, on the other hand, have shown empathy and solidarity. Many Serbian 

civil society organizations recognize the human right violations committed by the Milosevic 

regime, and demand that their authorities be held accountable and take the necessary measures to 

bring the perpetrators to justice. Just last month, Serbian men and women from the Humanitarian 

Law Centre, theY outh Initiative for Human Rights, and the Women in Black marched in the streets 

3

"rhe complete data for final convictions for war crimes were provided via e-mail by the Humanitarian Law Center, on April, 2019. 31 Amnesty fnternationaL "Wounds thul burn our soul: Compensation tbr Kosovo's wartime rape survivors, but still no justice," 2017. 

bttps //www amnes!v orgldownload/Documeqts!E\JB707558?0J 7ENGUSII,PQF 

12 
20 

of Belgrade towards the Serbian Parliament, carrying a banner with the names of 744 Kosovo 

Albanians found buried in a mass grave in a police training center in Batajnica, Belgrade. 32 At this 

event, Stasa Zajovic, founder of the civil society organization Women in Black, claimed that they 

"'want to appeal to the citizens of Serbia to stop the silence about these crimes, to inspire 

compassion, empathy and solidarity."33 They understand that through solidarity, the recognition 

of the humanity ofKosovo Albanians, and build a more solid foundation for reconciliation between 

Kosovo and Serbia. 

Moving forward, we would like to build on their support, and ask for your support in our quest for 

justice. We believe that there should be a similar structure to the Specialist Court that would 

prosecute all crimes committed in the Kosovo war. This action is, in fact, long overdue, and it is 

the only way for long-lasting peace. We have shared the true story of the war in Kosovo with you, 

hoping that you will continue to be in the right side of history, just like you were 20 years ago. 

One specific way that you could help us in our quest for justice is by factoring truth and justice for 

Kosovo crimes, as part of U.S. foreign policy towards Serbia, and work with your European allies 

to do the same. 

Finally, I would like to emphasize that there is absolutely no justification for war. No circumstance 

can justify the use of violence and torture on civilians. This was a direct violation of international 

laws of war, particularly in an asymmetric war as the Kosovo war. Due to the territorial ambitions 

and power lusts of a brutal regime, neighbors became enemies overnight. What started with hatefu I 

rhetoric and deprivation of basic rights quickly escalated into widespread violence, killings and 

ethnic cleansing, which meant to depo!i an entire ethnic group. We are thankful that the war ended, 

and we are forever grateful to the U.S. for standing up for the values of freedom and liberty. We 

thank the U.S. for not tolerating the great injustice that was being done towards the ethnic 

Albanians and for being on the right side of history. We shall never forget this. 

Having experienced war, we do not take peace for granted. Not a single day. But we cannot have 

sustainable peace without the Serbian authorities recognizing the responsibility of the Milosevic 

regime and its state apparatus in perpetrating crimes in Kosovo. This recognition is a crucial part 

in the process of ensuring justice. This would pave the way for reconciliation and would offer 

Serbia a chance to demonstrate that they are different from their predecessors. The contrary 

actions, which include attempts to change the narrative of the war, efforts to blur the line between 

the aggressor and the victims, minimize the suffering that took place, and boast revisionist 

ambitions to redraw borders, indicate no genuine interest for a shared future in peace. 

Unfortunately, from what we have seen so far, the current leadership in Serbia has been following 

the steps of the Milosevic regime. Last year, Serbian President, Aleksandar Vucic, held a speech 

in front ofKosovo Serbs in northern Mitrovica, where he glorified Slobodan Milosevic, by calling 

him a "great leader" with the "best intentions."34 He said this in the same place where Milosevic 

made his infamous speech that many attribute as exacerbating ethnic tensions in Kosovo and 

\ 

32 Radio Free Europe/ Radio Liberty, "Serbian Activists Commemorate Kosovar-Aibanian War Victims", 2019. https·/1\.,\\~rl org/a/serbiabe!Pmdc~march-to-commemorate-kosovq-victims/29M }705.html 13Radio Free Europe/ Radio Liberty, "Serb1an Activists Commemorate Kosovar-Aibanian War Victims", 2019. https-(1\\'\V\\ rlfrl or•:rfa/serbjabelgrade~march-to-commemorate-kosovo-victln!sf29843705_html 

34 Radio Free Europe/ Radio Liberty. "Vucic's 'Great' Milosevic Remark Evokes Ghost Of'Greater Serbia'", 2018 

https:/fw\\W rtlnl omfn/vudc-s-weat-milo;wvit>evokt·s-vhosH.:e-gn.'atcr-serhia-/29486327 html 

13 
21 

precipitating war. We do not need this kind of hate speech. We were all witness of what it could 

do. Which is why we should always be cautious in what we say -words do have consequences. 

We have been through a lot pain and suffering, and we want to end it here. Once and for all. We 

want justice, and we need justice in order to be able to turn a new page. As Kosovo we are 

committed to build a future of sustainable peace for our country, and the region, and we wish to 

see our neighboring country of Serbia demonstrate the same resolve. 

Thank you. 

14 
22 

Annex I. Major Mass Killings in Kosovo 

Between 1998-1999 there were hundreds of mass killings. The 74 gravest were recorded by the 

Humanitarian Law Center, and include: 

Nr. Date Location 

I February 28, 1998 Likoshan, Municipality of Gllogoc and Qirez, Municipality of 

Skenderaj 

2 March 5,6 and 7, 1998 Prekaz i Poshtem, Municipality ofSkenderaj 

3 May 25, 1998 Lubeniq, Municipality ofPeja. 

4 May31, 1998 Poklek i Ri, Municipality ofGllogoc 

5 July 18, 19,20 and 21, 1998 Rahovec 

6 August 2. 1998 Shtutica, Municipality ofGllogoc 

7 August 26, 1998 Grejqefc, Municipality ofSuhareka 

8 August 27, 1998 Senik, Municipality ofMalisheva 

9 September II , 1998 Rezalla, Municipality of Skenderaj 

10 September 24, 1998 Dubovc, Municipality ofVushtrri 

II September 26, 1998 Obri e Eperme, Municipality of Gllogoc 

12 January 15, 1999 Racak, Municipality ofShtime 

13 January 29, I 999 Rogova, Municipality ofGjakova 

14 March20, 1999 Neighborhood II and III in Skenderaj 

15 March24, 1999 Kotlina, Municipality ofKacanik 

16 March 25, I 999 Brestoc, Municipality of Rahovec 

17 March 25, 1999 Goden, Municipality ofGjakova 

18 March 25, 1999 Ternje, Municipality ofSuhareka 

19 March25, 1999 Bellacerka, Municipality ofRahovec 

20 March 26, 1999 Krusha e Vogel, Municipality ofPrizren 

21 March 26, 1999 Krusha e Madhe, Municipality ofRahovec 

22 March 26, 1999 City ofFushe Kosova 

15 
23 

23 March 26, 1999 City ofSuhareka 

24 March 26, 1999 Celina, Municipality ofRahovec 

25 March 26, 1999 Padalishta, Municipality ofSkenderaj 

26 March27, 1999 Duzhuje, Municipality ofGjakova 

27 March27, 1999 Samadrexha, Municipality ofSuhareka 

March27, 1999 Dardania Neighborhood in the city of Peja 

29 March27, 1999 Mamusha 

30 March 27, 1999 City of Gjakova 

31 March 27, 1999 Krushevc, Municipality ofObiliq 

32 March 28, 1999 Izbica, Municipality ofSkenderaj 

33 March 28, 1999 City of Podujeva 

34 March 28, 1999 Samadrexha, Municipality ofSuhareka 

35 March 29, 1999 Beleg, Municipality ofDecan 

36 March 30, 1999 Polac, Municipality of Skenderaj 

37 March31, 1999 Pastasella, Municipality ofRahovec 

38 March 31, 1999 Joviq, Municipality ofMalisheva 

39 April 1, 1999 Lubeniq, Municipality ofPeja 

40 April!, 1999 City of Gjakova 

41 April!, 1999 City of Fushe Kosova 

42 April2, 1999 City ofGjakova 

43 April2, 1999 Nagavc, Municipality ofRahovec 

44 April2, 1999 Marina, Municipality ofSkenderaj 

45 April4, 1999 Kralau, Municipality ofGjakova 

46 AprilS, 1999 Rezalla, Municipality ofSkenderaj 

47 April6, 1999 Reznik, Municipality of Vushtrri 

48 April?, 1999 Lubeniq, Municipality ofPeja 

49 April9, 1999 City ofKacanik 

16 
24 

50 April 12, 1999 Lubizbda e Hasit, Municipality ofPrizren 

51 April 13, 1999 Studeuica, Municipality oflstog 

52 April13, 1999 Kaliqan, Municipality oflstog 

53 April 14, 1999 Caralluke, Municipality ofMalisheva 

54 Aprill5, 1999 Sllovi, Municipality of Lipjan 

55 April17, 1999 Cikatova e Vjeter, Municipality ofGllogoc 

56 Aprill7, 1999 Poklek i Vjeter, Municipality ofGilogoc 

57 Aprill8, 1999 Koliq, Municipality of Prishtina 

58 April18, 1999 Ribar i Vogel, Municipality ofLipjan 

59 April21, 1999 Nakarada, Municipality ofFushe Kosova 

60 April26, 1999 Mazrek, Municipality ofPrizren 

61 April27, 1999 Meje, Municipality ofGjakova 

62 Apri127, 1999 Korenice, Municipality ofGjakova 

63 April 30, 1999 Shtutica, Municipality ofGllogoc 

64 April30, 1999 Verbovc, Municipality of Gllogoc 

65 May 1,1999 Cikatove e Vjeter, Municipality of Gllogoc 

66 May I, 1999 Nabergjan, Municipality of Peja 

67 May2, !999 Studime e Eperme, Municipality ofVushtrri 

68 May?, 1999 City ofGjakova 

69 May 8, 1999 Staradran, Municipality oflstog 

70 May !0, 1999 City ofGjakova 

71 May 14,1999 Qyshk, Pavlan and Zahaq, Municipality ofPeja 

72 May22, 1999 City ofVushtrri 

73 May22, 1999 Dubrava Prison, Municipality oflstog 

74 Jtme 6, 1999 Neighborhood tre soliterat, City ofMitrovica 

17 
25 

Chairman ENGEL. Thank you, President Jahjaga. 

Dr. Williams? 

STATEMENT OF PAUL WILLIAMS, PROFESSOR, WASHINGTON 

COLLEGE OF LAW, AMERICAN UNIVERSITY 

Dr. WILLIAMS. Good morning. Good morning, Chairman Engel, 

Ranking Member McCaul, and members of the committee. It is a 

honor to testify before you this morning. It is also a privilege and 

an honor to share this platform with the other individuals who will 

be testifying before the committee. 

It is clear from their written testimony that the Kosovo Albanian 

victims of the conflict in Kosovo suffer from an accountability gap. 

During the course of the Yugoslav wars, armed forces associated 

with the Serbian regime carried out genocide, mass murder, torture, mass rape, mass deportation, as a means to achieve Serbia’s 

military and political objectives. This campaign of terror and destruction was designed and implemented at the highest levels of 

the Serbian regime. It required tens of thousands of individuals 

willing to perpetrate such crimes, and it left hundreds of thousands 

of victims in its wake. 

Every victim of an atrocity is entitled to justice, and every perpetrator should be held accountable for their actions. It is equally important, however, not to embrace the mantra all sides are responsible, which can create a false sense of moral equivalence among 

the parties. 

During the Kosovo conflict, the forces associated with the Serbian regime were responsible for the vast majority, upwards of 80 

percent, of the atrocities. They displaced nearly 1.4 million people—that is 90 percent of the Kosovo population—killed over 

11,000 civilians, and raped over 20,000 women. 

Yet, the United Nations Yugoslavia Tribunal indicted an almost 

equal number of alleged Serbian regime perpetrators and alleged 

Kosovo Liberation Army perpetrators. None of the indictments of 

the alleged Serbian perpetrators included charges of rape or sexual 

violence as a standalone atrocity. In total, the U.N. Yugoslav Tribunal only convicted six Serbian regime perpetrators for the atrocities in the Kosovo conflict. 

The domestic hybrid mechanisms created by the U.N. mission in 

Kosovo, and subsequently, by the European Union rule-of-law mission, disproportionately indicted Kosovo Albanians by a factor of 10 

to 1, and only convicted four Serbian regime perpetrators, again, 

with no charges of rape as a standalone atrocity crime. 

In 2015, the international community exerted substantial diplomatic pressure on the government of Kosovo to create the Kosovo 

Specialist Chambers and the Specialist Prosecutor’s Office. The 

general diplomatic characterization of the court is that it is designed to solely prosecute ethnic Albanians who served in the 

Kosovo Liberation Army. If this characterization is correct, then 

the court essentially grants de facto amnesty to perpetrators who 

committed atrocities on behalf of the Serbian regime, and it closes 

off effective justice for hundreds of thousands of victims in Kosovo. 

No other international or hybrid criminal tribunal has been ethnically based or has denied justice to such a substantial number of 

victims. 
26 

The accountability gap created by the actions of the international 

community and the United States derives from the 20-years-old approach of the European Union to the conflict in the former Yugoslavia: accommodation and appeasement of the Serbian regime. 

This approach requires maintaining a perception of moral equivalence among all the parties to the conflict. However, false moral 

equivalence, the creation of ethnic-based courts, the denial of access to justice for victims, and the fostering of ethnic injustice undermines the legitimacy of accountability mechanisms and their 

ability to promote reconciliation, which is essential to create a durable peace. 

The myopic focus of the international sponsors of the Specialist 

Chambers is disappointing for two reasons. First, as detailed in my 

written statement, the statute adopted by the Parliament of Kosovo 

does not actually preclude the prosecution of all individuals responsible for crimes committed in Kosovo, and thus, could serve as a 

vehicle for justice for every atrocity victim, regardless of ethnicity. 

Second, the statute provides for state-of-the-art victim representation and witness protection, which are key to the successful prosecution of the conflict-related sexual violence. The court has the potential to be an ideal mechanism to bring justice for the 20,000 victims of rape in Kosovo. 

In conclusion, to accomplish the restoration of the integrity of the 

Specialist Chambers, the United States should work with the government of Kosovo to affirm and, if necessary, clarify that the mandate of the court covers all crimes committed in the territory of 

Kosovo and is not limited to prosecuting members of a specific ethnic group of alleged perpetrators. 

If necessary, the United States can work with Kosovo to amend 

the statute to make this mandate unambiguously clear. The United 

States should also work with the government of Kosovo to encourage the Specialist Prosecutor’s Office, a part of the judicial system 

of Kosovo, to prioritize the investigation and prosecution of rape 

and other conflict-related sexual violence. 

Thank you for the opportunity to speak this morning. 

[The prepared statement of Mr. Williams follows:] 
27 

ENDING IMPUNITY IN KOSOVO: CLOSING THE 

ACCOUNTABILITY GAP FOR CRIMES COMMITTED 

DURING THE KOSOVO CONFLICT 

Testimony of Dr. Paul R. Williams 

Rebecca I. Grazier Professor of Law and International Relations 

American University 

President and Co-Founder, Public International Law and Policy Group 

House Committee on Foreign Affairs 

"Kosovo's Wartime Victims: The Quest for Justice" 

April30, 2019 
28 

ENDING IMPUNITY IN KOSOVO: CLOSING THE ACCOUNTABILITY GAP 

FOR CRIMES COMMITTED DURING THE KOSOVO CONFLICT 

Good morning Chairman Eliot Engel, Ranking Member Michael McCaul, and members 

of the Committee. It is an honor to testify before you today. In particular, it is an honor to be 

invited here by Chairman Engel given his long-standing commitment to peace and justice in 

Kosovo. It is also a privilege to share this platform with the other individuals testifying before 

the committee, each of whom have poignant, direct, and personal experiences and insight 

relating to the quest for justice for Kosovo's wartime victims. 

I have been asked by Chairman Engel to discuss the international legal violations 

committed during the Kosovo War of 1999. In particular, I have been asked to speak from the 

perspective of an international lawyer with experience in designing accountability mechanisms. 

I will address the remedies which have been made available to victims and potential claimants, 

including families of those murdered and victims of rape and conflict-related sexual violence, 

whose cases derive from the Kosovo conflict. I have been asked to assess the degree to which 

these mechanisms have effectively served the purpose of justice, accountability and 

reconciliation for the people ofKosovo. Specifically, I have been asked to share my thoughts on 

the future role of the Kosovo Specialist Chambers as a viable mechanism to afford justice to the 

hundreds of thousands of victims of that conflict. 

This testimony will identify what I call an "accountability gap" in Kosovo, and it will 

seek to explain some of the reasons behind this gap. I will first detail a brief history of the 

conflict in Kosovo and discuss the mechanisms that have been created for accountability so farnamely, the Yugoslav Tribunal, the UN Mission in Kosovo's Regulation 64 Panels, the European 

Union Rule of Law Mission in Kosovo's assistance to domestic courts, the Serbian War Crimes 

Chamber, and the more recent Specialist Chambers and Specialist Prosecutor's Office. I will 

then assess how and why access to justice, with particular attention to conflict-related sexual 

violence, has to date been beyond the reach of a significant number of victims in Kosovo. 

Lastly, I will articulate a number of steps we can take to begin closing this accountability gap. 

To contextualize my contribution to today's hearing, I should mention my previous work 

on accountability in the former Yugoslavia as well as in other post-conflict regions, including 

Syria, Uganda, Cote d'Ivoire, and Libya. I was an Attorney Advisor in the U.S. Department of 

State's Office of European and Canadian Affairs during the State Department's initial 

development of an American response to the conflict in the former Yugoslavia. In this position, 

I played a role in the formulation of the UN Security Council Resolution that authorized the 

Yugoslav Tribunal. I also served as an advisor to the Kosovo Albanian delegation at the 

Rambouillet, Paris, and Vienna Conferences, and I provided assistance to the development of the 

Kosovo constitution. 

I have provided legal assistance to more than two dozen parties involved in peace 

negotiations, the drafting of post-conflict constitutions, and the creation of transitional justice 

mechanisms, including those designed to prosecute war criminals. Notably, I advised the 

Ugandan government on the development of a domestic war crimes chamber within the state's 

High Comt, the Libyan Transitional National Council on the creation oftransitionaljustice 
29 

mechanisms, the Government of Cote d'fvoire on mechanisms for the investigation and 

prosecution of atrocity crimes, and the Syrian opposition on the proposal for a hybrid tribunal to 

prosecute those responsible for crimes against humanity in Syria. 

HISTORY OF THE KOSOVO CONFLICT 

The war in Kosovo has its origins in the dissolution of the forn1er Yugoslavia. Located in 

the heart of the Balkans, Kosovo became a Serbian province after the First Balkan War. Then, 

when Serbia was incorporated into Yugoslavia following World War II, Kosovo's status shifted 

to a Socialist Autonomous Province within Serbia. 1 In 1991, the dissolution of Yugoslavia 

began as Slovenia and Croatia declared independence and the national army of Yugoslavia 

responded to these declarations with violence, which led to armed conflict in Slovenia, Croatia, 

and subsequently in Bosnia.2 

During the conflicts in Croatia and Bosnia, widespread mass violence and atrocity crimes 

occured, including genocide;1 rape camps, 4 torture, mass killings, and mass detentions. The 

genocide at Srebrenica carried out by Bosnian Serb forces with the assistance of forces from 

Serbia proper prompted NATO airstrikes that continued for one month until the parties met to 

negotiate peace in Dayton, Ohio in November of 1995. The resulting Dayton Peace Accords 

brought an end to the conflict in Bosnia, but left unresolved the crisis brewing in Kosovo. 5 

Kosovo Albanians had sought separation from Serbia and full republic status within 

Yugoslavia for years before Yugoslavia's dissolution.6 In response, Serbian leader Slobodan 

Milosevic called for the restoration of full Serbian sovereignty over Kosovo. Milosevic became 

increasingly oppressive towards the Albanian majority, and he sought a new constitution that 

would revoke Kosovo's semi-autonomous status and allow full Serbian control over the territory. 

The People's Movement ofKosovo (Levizja Popullore e Kosoves) organized non-violent 

political resistance advocating for Kosovo self-determination. Then, in 1996, the Kosovo 

Liberation Army ("KLA") began mobilizing in armed prorest.7 Serbia responded to the KLA 

1 CIA, The World Fact book: Kosovo (Feb. 2011 ); Michael Waller, editor, KOSOVO: THE POLITICS OF DELUSION 

viii (2001). 

'Susan L. Woodward, Costly Disinterest: Missed Opportunities for Preventive Diplomacy in Croatia and Bosnia 

and Herzegovina, 1985-1991, in OPPORTUNITIES MISSED, OPPORTUNITIES SEIZED: PREVENTIVE DIPLOMACY IN THE 

POST-COLD WAR WORLD 137 (ed. Bruce Jentleson, 2000), available at 

http://www.wilsoncenter.org/subsites/ccpdc/pubsloppl4.pdf; Noel Malcolm, BOSNIA: A SHORT HISTORY, (NYU 

PRESS, 1994 ). 3 Prosecutor v. Radislav Krstic, Case No. IT-98-33-T, Judgement (Aug. 2, 2001); Prosecutor v. Ei·demovic, Case. 

No. IT-96-22-T, Sentencing Judgement (Mar. 5, 1998); Prosecutor v, Dragan Obrenovic, Case No. IT -02-60-2-S, 

(Dec. 10. 2003). 4 Prosecutor v, Kunarac et al., Case No. IT-96-23-T & IT-96-2311-, Judgement (Feb. 22, 2001). 5 Ivo H. Daalder, Decision to Intervene: How the War in Bosnia Ended, BROOKINGS, (December I, 1998), available 

at https:/lwww.brookings.edu/articlesldecision-to-intervene-how-the-war-in-bosnia-endedl. 6 CIA, The World Fact book: Kosovo (Feb. 20 l I); Michael Waller, editor, KOSOVO: THE POLITICS OF DELUSION 

viii (200 I); Noel Malcolm, Kosovo: A SHORT HISTORY (Perennial/Harper Collins, 1991 ). 7 CIA, The World Factbook: Kosovo (Feb. 20J 1). 

2 
30 

insurgency with an even harsher repression campaign, with violence peaking in 1998.8 Serbian 

forces destroyed homes and mosques, and engaged in mass looting, rape, and murder. 9 

The vast majority of international crimes perpetrated during the conflict in Kosovo were 

committed by the Serb army, police, and paramilitary who waged a systematic and targeted 

campaign of violent terror against ethnic Albanians. 10 According to Human Rights Watch, Serb 

forces had three main motives for acting violently against the Kosovo Albanians: expediting the 

"cleansing" process through intimidation and fear, targeting of individuals suspected of fighting 

with or assisting the KLA, and killing for revenge. 11 The atrocity crimes carried out in Kosovo 

were extensive, including kidnapping, enforced disappearances, explusions, rape, murder, and 

forced displacement. 12 In particular, rape and sexual violence were used as methods of ethnic 

cleansing with the systematic threat and instigation of violence terrorizing Kosovo Albanian 

villagers into fleeing their homes. 13 In total, the Serb army, paramilitary forces, and police 

forcibly displaced nearly 90% the Kosovo population. 14 A report by the Organization of 

Security and Co-operation in Europe estimated that around 850,000 Kosovar Albanians were 

forcibly expelled from Kosovo and about 590,000 were internally displaced by the conflict. 15 

In an attempt to resolve the conflict in Kosovo, the parties to the conflict met for peace 

negotiations in Rambouillet, France and then in Paris, France. The delegation representing 

Kosovar Albanians signed the Rambouillet Accords alongside the American and British 

delegations in Paris. 16 Serbia, however, did not sign the Accords. 

Then, Serb security forces killed 45 Kosovo Albanians in the village ofRacak, in an 

incident known as the Racak Massacre. 17 In response to these killings, Yugoslav Tribunal 

prosecutor Judge Louise Arbour sought access to Racak to investigate the massacre. Milosevic 

8 CIA, The World Fact book: Kosovo (Feb. 2011 ). 9 International Crisis Group, Kosovo Conflict History (2010), available at http://www.crisisgroup.org/en/keyissues/research-resources/conflict-histories/kosovo.aspx. 

10 Under Orders: War Crimes in Kosovo, HUMAN RIGHTS WATCH, (October 26, 2001 ), available at 

https://www. hrw.org/report/200 1/1 0/26/under-orders-war-crimes-kosovo. 11 Under Orders: War Crimes in Kosovo, HUMAN RIGHTS WATCH, (October 26, 200 I), available at 

https://www.hrw.org/report/2001/I0/26/under-orders-war-crimes-kosovo. 

12 UNHCR Evaluation and Policy Analysis Unit, The Kosovo refugee crisis: an independent evaluation of UNHCR's 

emergency preparedness and response, UNHCR EVALUATION AND POLICY ANALYSIS UNIT (Feb. 2000) available at 

https://www.unhcr.org/en-lklexcom/standcom/3ae68dl9c!kosovo-refugee-crisis-independent-evaluation-unhcrsemergency-preparedness.html. 

il Under Orders: War Crimes in Kosovo, HUMAN RIGHTS W ATCII, (October 26, 200 I), available at 

https://www.hrw.org/report/2001/I0/26/under-orders-war-crimes-kosovo. 

14 Human Rights in Kosovo: As Seen, As Told. Volume l, October 1998 -June 1999, ORGANIZATION FOR SECURITY 

AND CO-OPERATION IN EUROPE (Nov. 5, 1999), 167, available at https://www.osce.org/odihr/17772 15 Human Rights in Kosovo: As Seen, As Told. Volume I, October 1998- June 1999, ORGANIZATION FOR SECURITY 

AND CO-OPERATION IN EUROPE (Nov. 5, 1999), 167, available at https://www.osce.org/odihr/17772 16 Interim Agreement for Peace and Self-Government In Kosovo ("Rambouillet Accords") (1999), available at 

http://www.usip.org/library/palkosovolkosovo _rambtoc.html. 17 A Kosovo Chronology, FRONTLINE, available at 

https://www.pbs.org/wgbh/pages/frontline/shows!kosovo/etc/cron.html. 

3 
31 

and Serbian forces under his control would not to allow Judge Arbour to enter Kosovo. 18 This 

massacre would play a key role in NATO's decision to undertake a humanitarian intervention. 19 

In March 1999, NATO began a 78-day air campaign against Serb forces in Kosovo after 

effOtts to negotiate an end to the violence collapsed.20 NATO's intervention led to Serbia's 

agreement to cease all military activity in Kosovo. To facilitate the withdrawal of Serbian forces 

from Kosovo, NATO and the Serbian government agreed on the removal of Serb military units 

and the deployment of an international security force ("KFOR''). 21 The United Nations Security 

Council then passed Resolution 1244 on June 10, !999, which established the UN Interim 

Administration Mission in Kosovo ("UNMIK") as a temporary government until Kosovo's own 

institutions had developed and demonstrated the capacity to self-govern.22 Among its various 

powers, UNMIK possessed the authority to administer justice in Kosovo, including the ability to 

investigate and prosecute serious crimes committed during the war. 

Kosovo declared independence on February 17,2008.23 The declaration was rejected by 

Serbia, which claimed ongoing sovereignty over Kosovo, but has since received the recognition 

of over I 00 states,24 including the United States, 23 of the 28 European Union member states, 

and a number of regional powers, such as Turkey.25 

PRIOR MECHANISMS FOR PURSUING ACCOUNTABILITY IN KOSOVO 

While there have been a number of attempts to secure accountability for war crimes that 

were committed in Kosovo, there have been repeated shortcomings. Below, I will detail the 

limited impact of the Yugoslav Tribunal, the minimal role ofUNMIK's brief effort to prosecute 

those responsible for war crimes, and the restricted jurisdiction that prevented European Union 

Rule of Law Mission in Kosovo ("EULEX") from trying many cases. The inability of these 

mechanisms to hold a significant number of perpetrators accountable has created an 

accountability gap for the crimes committed in Kosovo. 

"A Kosovo Chronology, FRONT1 JNE, available a/ 

https://www.pbs.org/wgbhlpages/frontline/showslkosovo/etclcron.html. 

19 Under Orders: War Crimes in Kosovo, HUMAN RIGHTS WATCH, (October 26, 2001), available at 

https:/ /www.hrw.org/report/200 I /1 0/26/under-orders-war-crimes-kosovo. 20 NATO, The E."'volution of NATO's Role in Kosovo (Nov. 2010), available at 

http://www.nato.int/cps/enlnatolive/topics_ 48818.htm. 21 Secretary-General, Letter dated 15 .June 1999 from the Secretm:v-General addressed to the President of the 

Security Council, annex, U.N. Doc. S/1999/682 (June 15, 1999). 22 Secretary-General, Report of the Secretmy-General on the United Nations Interim Administration Mission in 

Kosovo, para. I, U.N. Doc. S/1999/779 (July 12, 1999). 23 U.S. Department of State, Summary of the Comprehensive Proposal for the Kosovo Status Settlement (January 

2009). 

24 U.S. Department of State, U.S. Relations With Kosovo (October lO, 2018), available at 

https://www.state.gov/rlpa/ei/bgn!l00931.htm. 

25 Kosovo Thanks You, available at https://www.kosovothanksyou.com/. 

4 
32 

The Yugoslav Tribunal 

The primary judicial mechanism used to hold those responsible accountable for war 

crimes was the Yugoslav Tribunal. The Tribunal grew out of the UN Security Council's 

Commission of Experts to Investigate War Crimes in the Former Yugoslavia. The Commission, 

headed by Professor Cherif Bassiouni, was charged with investigating and analyzing evidence of 

violations of the Geneva Convention and international law on the territory of the former 

Yugoslavia. 

On May 25, 1993, at the recommendation of the Bassiouni Commission, the United 

Nations Security Council adopted Resolution 827 which established the Yugoslav Tribunal for 

the "purpose of prosecuting persons responsible for serious violations of international 

humanitarian law committed in the territory forthe former Yugoslavia since January I, 1991."26 

The cases brought before the Yugoslav Tribunal came to cover a number of interconnected 

conflicts-namely, the violence in Slovenia, Croatia, Bosnia and Herzegovina, and Kosovo.27 

The Yugoslav Tribunal was mandated to "bring to justice those responsible for serious 

violations of international humanitarian law" and "contribute to the restoration and maintenance 

of peace in the region."28 The specific categories of international crimes the Tribunal was 

authorized to prosecute included: grave breaches of the Geneva Conventions, violations of the 

laws of war, genocide, and crimes against humanity.29 The Yugoslav Tribunal did not have 

jurisdiction to hold states, governments or political parties accountable, only individuals. 30 

During its 24-year tenure, the Yugoslav Tribunal indicted 161 individuals,31 convicted 90 

individuals, and acquitted 19 individuals.32 The remainder of those indicted were transferred to 

other courts, passed away, or had their cases withdrawn for various reasons. 33 Of the 161 

indictees, 68% (1 09 individuals) were associated with atrocities alleged to be committed by 

26 Security Council Resolution 827, U.N. Doc. S/RES/827 (May 25, 1993) as quoted in Milena Sterio and Michael 

P. Scharf, THE LEGACY OF AD Hoc TRIBUNALS IN IN1ERNAT!ONAL CRIMINAL LAW 2 (2019). 27 Sreten Lukic. TRIAL INTERNATIONAL (2017), available at https://trialintemational.org/latest-postlsreten-lukic/. 28 Mandate and Crimes under Yugoslav Tribunal Jurisdiction, UNITED NATIONS INTERNATIONAL CRIMINAL 

TRIBUNAL FOR TtiE FORMER YUGOSLAVIA, available at http://www.icty.org/en/about/tribunal/mandate-and-crimesunder-icty-jurisdiction. 

29 Mandate and Crimes under !CTY Jurisdiction, UNITED NATIONS INHiRNATIONAL CRIMINAL TRIBUNAL FOR TilE 

FORMER YuGOSLAVIA, available at http://www .icty .org/en/aboutltribunal/mandate-and-crimes-under-ictyjurisdiction. 

30 Mandate and Crimes under !CTY Jurisdiction, UNITED NATIONS INTERNATIONAL CRIMINAL TRIBUNAL FOR THE 

FORMER YUGOSLAVIA, available at http://www.icty.org/en/about/tribunal/mandate-and-crimes-under-Yugoslav 

Tribunal-jurisdiction; Updated Statute of the International Criminal Tribuna/for the former Yugoslavia, UNITED 

NATIONS INTERNATIONAL CRIMINAL TR!BIINAL FOR HlE FORMER YUGOSLAVIA (adopted May 25, /993, updated 

September, 2009) [Article 7 specifies that any individual who "planned, instigated, ordered, committed or otherwise 

aided and abetted in the planning, preparation or execution of a crime" referred to in the statute "shall be 

individually responsible for the crime."] 31 Milena Sterio and Michael P. Scharf, THE LEGACY OF AD HOC TRIBUNALS IN INTERNATIONAL CRIMINAL LAW 3 

(2019). 

32 lnfographic: /CTY Facts & Figures, UNITED NATIONS INTERNATIONAL CRIMINAL TRIBUNAL FOR n!E FORMER 

YUGOSLAVIA, available at http://www.icty.org/en/cases/key-figures-cases. 33 Key Figures of the Case, UNITED NATIONS INTERNATIONAL CRIMINAL TRIBUNAL FOR TilE FORMER YUGOSLAVIA, 

available at http://www.icty.org/en/cases/key-figures-cases. 

5 
33 

Serbian forces, 21% associated with Croatian forces (33 individuals), 4% associated with 

Bosniaks forces (7 individuals), and 4% associated with Kosovar Albanian forces (6 

individuals).34 Notably, the vast majority of these indictments were for crimes committed in 

Croatia and Bosnia. 

The Yugoslav Tribunal and the Kosovo Conflict 

Only seven members of the Serbian regime were indicted by the Yugoslav Tribunal for 

crimes committed in Kosovo. Surprisingly, not a single one of these seven indictments included 

an explicit count of rape as a crime against humanity. Four ofthese indictments, however, did 

account for the use of sexual violence as a method of committing other atrocity crimcs.35 

The most prominent individual indicted was Serbian President Slobodan Milosevic. 

Milosevic was the first sitting head of state to be indicted for war crimes by an international 

tribunat.36 Milosevic was initially indicted under the theory of command responsibility tor 

atrocity crimes committed by Serb forces in Kosovo. His alleged crimes included murder and 

persecution of civilian populations on political, racial, or religious grounds. Milosevic's 

indictment alleged that he "as President of the [Federal Republic of Yugoslavia], Supreme 

Commander of the [Yugoslav Army] and President of the Supreme Defence Council" was 

"criminally responsible for the acts of his subordinates."37 His indictment did not include any 

details about conflict-related sexual violence. The indictment was subsequently amended to 

include charges related to the conflicts in Croatia and Bosnia, and included charges of genocide 

in Bosnia. Milosevic died from natural causes during the course of his trial, preventing the 

Tribunal from rendering a decision in his case. 

The Tribunal also indicted Nikola Sainovic, Deputy Prime Minister of the Federal 

Republic ofYugoslavia. 38 The Tribunal found Sainovi6 guilty of possessing the intent to 

displace the Kosovo Albanian population and convicted him of individual criminal r~sponsibility 

for deportation, forcible transfer, murder, and persecution through sexual assault.39 Sainovic was 

sentenced to 22 years of imprisonment.40 

A third high profile indictee was former Serbian President Milan Milutinovic. 

Milutinovic was indicted on the basis of individual criminal responsibility and superior criminal 

responsibility for war crimes including murder and persecutions on political, racial or religious 

grounds and crimes against humanity related to deportation, murder, and persecutions.41 

34 Key Figures of the Case, UNITED NATIONS INTERNATIONAL CRIMrNAl. TR!BlrNAL FOR THE FORMER YUGOSLAVIA, 

available at http://www.icty.org/enlcases!key-figures-cases. 35 In Numbers, UNITED NATIONS INTERNATIONAL CRJMrNAL TRIBUNAL FOR THE FORMER YUGOSLAVIA, available at 

http://www.icty.org/en/features/crimes-sexual-violence/in-numbers. 

36 Jennifer Trahan, Examining the Benchmarks by Which to Evaluate the Yugoslav Tribunal's Legacy, in THE 

LEGACY OF AD Hoc TRIBUNALS IN INTERNATIONAL CRIMINAL LAW 25, 33 (Milena Sterio and Michael P. Scharf, 

eds., 1st ed., 2019). 37 Prosecutor v. Milosevic et al., Case No. IT-99-37-J, (June 29, 2001). 38 Prosecutor v, Sainovic eta/., Case No. IT-06-87, Judgement (Feb. 26, 2009). 39 Prosecutor v. Sainovic et al., Case No.IT-06-87, Judgement (Feb. 26, 2009). 40 Prosecutor v. Sainovic eta!., Case No. IT-06-87, Judgement (Feb. 26, 2009). 41 Prosecutor v. Milosevic eta/., Case No.IT-99-37-1, (June 29, 2001). 

6 
34 

Milutinovic was found not guilty on all charges. Notably, Sainovic and Milutinovic headed the 

Serbian delegation to the Rambouillet Accords negotiations. 

The additional four indictments of perpetrators associated with the Serbian regime 

involved evidence of sexual violence, although rape was not a distinct count in any of the 

indictments. Colonel General Vlastimir Bordevic,42 Chief of Staff of the Pristina Corps 

Vladimir Lazarevic, Chief of the General Staff of the Armed Forces of Yugoslavia NebojSa 

Pavkovic,43 and Head of the Serbian Police in Kosovo Sreten Lukic44 were convicted of the 

deportation of municipal communities, forcible transfer, and murder.45 The indictment argued 

that all four individuals were found to have directed, encouraged, and supported the sexual 

assault of Kosovo Albanians, particularly women, by Serb forces as a means of committing the 

charged crimes.46 However, the Tribunal found that intent to discriminate had not been proven 

and thus "the charge of persecutions committed through sexual assault [could] not been 

established."47 Bordevic was sentenced to 18 years imprisonment.48 Lazarevic was sentenced to 

15 years imprisonment,49 Pavkovic was sentenced to 22 years imprisonment. 50 Lukic was 

sentenced to 22 years imprisonment. 51 

The Yugoslav Tribunal also indicted seven Kosovar Albanians for crimes committed 

during the Kosovo conflict. Four of these seven indictments were members of the KLA and 

officers at the Lapusnik!Llapushnik Prison camp: Agim Murtezi, Fatmir Limaj, Haradin Bala, 

and lsak MusliuP They were indicted for the imprisonment, torture, and murder of detainees at 

the Prison Camp.53 Murtezi's indictments were withdrawn. 5

4 Limaj and Musliu were 

acquitted. 5

5 Bala was convicted and sentenced to 13 years' imprisonment, but was granted early 

release. 56 

42 Prosecutor v. 1·7astimir Dordevic. Case No. IT -05-87/1, Judgement (Feb., 23, 2011 ). 43 Prosecutor v. Pavokvic et al., Case No. IT-03-70-I, (Sept. 25, 2003). 44 Prosecutor vs. Pavokvi{; et al., Case No. IT-03-70-I, (Sept. 25, 2003). 45 Prosecutor v. Pavokvic et al., Case No. IT-03-70-l, (Sept. 25, 2003). 46 Prosecutor v. Vlastimir Dordevic, Case No. IT -05-87/1, Judgement (Feb., 23, 20 II). 47 Prosecutor v. V/astimir Dordevic, Case No. IT-05-87/1, Judgement (Feb., 23, 20 II). 48 Prosecutor v. V/astimir Dordevic, Case No. IT-05-87/1, Judgement (Feb., 23, 2011). 49 Conviction.for Kosovo crimes uphe/d.for.four senior Serbian officials. UNITED NATIONS INTE&'IATIONAL 

CRIMINAl. TRlll\JNAL FOR THE FORMER Y!!GOS!.A VIA, (Jan. 23, 2014) avaialble at 

http://www.icty.org/en/press/convictions-kosovo-crimes-upheld-four-senior-serbian-officials. 

5

° Conviction .for Kosovo crimes upheld .for four senior Serbian officials, UNITED NATIONS INTERNATIONAL 

CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA, (Jan. 23, 20 14) avaialble at 

http://wv.w.icty.org/en/pressiconvictions-kosovo-crimes-upheld-four-senior-serbian-officials. 

51 Conviction for Kosovo crimes upheld .for .four senior Serbian o.fficials, UNITED NATIONS INTERNATIONAL 

CRIMINAL TRIBUNAL FOR TilE FORMER YUGOSLAVIA, (Jan. 23, 20 14) avaialble at 

http://www.icty.org/en/press/convictions-kosovo-crimes-upheld-four-senior-serbian-officials. 

52 Prosecutor v. Limaj eta/., Case No.!T-03-66, Judgement (Sept. 27, 2007). 53 Prosecutor v. Limaj eta/., Case No. IT-03-66, Judgement (Sept. 27, 2007). 54 Prosecutor v. Limqj eta/., Case No.IT-03-66, Judgement (Sept. 27, 2007). 55 Prosecutor v. Limaj eta/., Case No. IT-03-66, Judgement (Sept. 27, 2007); Fatmir Limaj and Isak Musliu 

Acquitted- lfaradin Ba/a Convicted, UNITED NATIONS INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER 

YUGOSLAVIA (30 Nov. 2005), available at http://v.ww.icty.orgienipress/fatmir-limaj-and-isak-musliu-acquittedharadin-bala-convicted. 

56 Prosecutor v. Limaj et at., Case No.IT-03-66, Judgement (Sept. 27, 2007). 

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35 

The fifth Kosovo Albanian indicted was Ramush Haradinaj, who served as Prime 

Minister ofKosovo and was a fanner KLA commander. 5

7 He was indicted for crimes against 

humanity and war crimes for mounting a systematic campaign to seize control of the area 

between villages of Glodjane/Gllogjan and Decani/Deyan. 58 Haradinaj was acquitted of all 

charges. 59 

Relatedly, the sixth and seventh Kosovar indictecs were ldriz Balaj, a member of the 

KLA and commander of a KLA special unit, and Lahi Brahimaj, a member of the KLA and 

Deputy Commander of the Dukagj in Operative Staff. They were both indicted for persecution, 

deportation, imprisonment, murders, cruel treatment, and rape.60 Balaj was acquitted.61 

Brahimaj was convicted and sentenced to 6 years in prison.62 

The Yugoslav Tribunal completed its mandate in 2017 and no longer takes on new cases. 

The Hague Branch of the Mechanism for International Criminal Tribunals, established in 2013, 

is now responsible for "maintaining protective measures granted to victims and witnesses by the 

ICTY, hearing any appeals from judgements or sentences issued by the ICTY ... [and] handling 

requests for review of judgemcnts."63 This residual mechanism, as it is called, is also responsible 

for monitoring cases transferred to national jurisdictions and for handling any future appeals that 

are filed. 64 

UN Mission in Kosovo and Regulation 64 Panels 

In June 1999, the UN Security Council council passed Resolution 1244 establishing a UN 

Interim Administration Mission in Kosovo ("UNMIK").65 In 2000, UNMIK passed Regulation 

64, which created panels for the investigation and prosecution of war crimes in local courts.66 

These structures, called Regulation 64 Panels, were hybrid international-domestic courts that 

consisted of an international prosecutor, an international judge, and/or a panel composed of three 

51 Prosecutor v. Lima} eta/., Case No. IT -03-66, Acquittal (Sept. 27, 2007). 58 Prosecutor v. Lima} eta/., Case No. JT-03-66, Acquittal (Sept. 27, 2007). 59 Prosecutor v. Limaj eta/., Case No. IT-03-66, Acquittal (Sept. 27, 2007). 6

° Fatmir Lima} and lsak Mus/iu Acquitted- llaradin Ba/a Convicted, UNITED NATIONS INTERNATIONAL CRIMINAL 

TRIBUNAL FOR THE FORMER YUGOSLAVIA (30 Nov. 2005), available at: http://www.icty.org!en/press/fatmir-limajand-isak-musliu-acquitted-haradin-bala-convicted. 

61 Fatmir Umqj and /sak Musliu Acquitted- Haradin Bala Convicted, UNITED NATIONS INTERNATIONAL CRIMINAL 

TRIBUNAl. FOR UIE FOR.1wER. YUGOSLAVIA (30 Nov. 2005), available at: http://www.icty.org/en/press/fatmir-limajand-isak-musliu-acquitled-haradin-bala-convicted. 

62 Fatmir Lima} and lsak Mus/iu Acquitted- Haradin Bafa Convicted, UNITED NATIONS lNTER.NA TIONAL CRIMINAL 

TRIBUNAL FOR. THE FORMER YUGOSLAVIA (30 Nov. 2005), available at: http://www.icty.org/en/press/fatmir-limajand-isak-musliu-acquitted-haradin-bala-convicted. 

6' Mechanisms for International Criminal Tribunals (MICTj begins work in the Hague, UNITED NATIONS 

INTER.NA TIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS (July 1, 2013), available at 

http://www.icty.org!en/press/mechanism-international-criminal-tribunals-mict-begins-work-bague 

64 Mechanisms for International Criminal Tribunals (MICT) begins work in the Hague. UNITED NATIONS 

INTERNATIONAl. RESIDUAL MECHANISM FOR. CRIMINAl.. TRIBUNALS (July 1, 2013), available at 

http:l/www.icty.org!enlpress/mechanism-international-criminal-tribunals-mict-begins-work-hague 

6' Security Council Resolution 1244, U.N. Doc S/RES/1244, Para 10 & Annex 2 Para 3. 66 Dominik Zaum, International Justice and the Prevention of Atrocities: Ca5e Study: Kosovo, EUROPEAN COUNCIL 

OF FOREIGN RELATIONS (November 20B) I, available at https://www.ecfr.eu/page/-IIJP _ Kosovo.pdf. 

8 
36 

judges, including at least two international judges. 67 UNMIK opened more than a thousand case 

files, but only initiated a small number of prosecutions. Specifically in relation to sexual 

violence, "UNMIK conducted two appeals and retrials in cases involving allegations of [ cont1ictrelated sexual violence] which had been tried before December 2000 by Kosovo Albanian 

judiciary. Both cases ended in acquittals."68 In its eight year mandate, UNMIK completed just 

37 war crimes cases.69 UNMIK lacked the time and resources to move a significant number of 

these case files into the court system successfully, resulting in a small number of actual 

prosecutions. 

European Union Rule of Law Mission in Kosovo ("EULEX") 

The EULEX mission was established to "assist the Kosovo authorities in establishing 

sustainable and independent rule of law institutions."70 When UNMIK was re-organized in 2008 

and 2009 and scaled down, EULEX's original mandate included the authority to assist Kosovar 

institutions with the prosecution of crimes, including war crimes. From 2008 to 2018, mixed 

panels of EULEX and local judges delivered 46 verdicts, only four of which involved war 

crimes.71 

EULEX received almost 1,200 war crimes case files that had been compiled by UNMIK 

prior to its re-organization. These 1,200 cases each likely had multiple victims and multiple 

perpetrators, presenting EULEX with thousands of victims in need of justice and thousands of 

perpetrators not yet held responsible for their crimes. In 2018, ElJLEX ended its judicial 

mandate and "[handed] over 900 unresolved [case files] to the local Special Prosecutor's 

Offiee."72 The local Special Prosecutor's Office only has two prosecutors assigned to war 

crimes. 73 

Additionally, as noted by Bernd Borchardt, who served as EULEX Head of Mission, the 

majority of individuals suspected of war crimes committed against Kosovar Albanians during the 

war are individuals associated with Serb military or police forces who are no longer in Kosovo.74 

As Kosovo and EULEX only have jurisdiction over individuals within Kosovo's territory, they 

can take extremely limited action to prosecute these individuals. 75 

67 UNMIK Resolution 64, U.N. Doc UNMIK/REG/2000164. 68 ·•wounds that Burn Our Souls": Compensation for Kosovo 's Wartime Rape Survivors But Still No .Justice, 

AMNESTY INTERNATIONAL, 19 (Dec. 13, 2017), available at 

https:llwww.amnesty .org!download/DocumentslEUR 7075 5820 17ENGL1SH.PDF. 69 Kosovo 's War Crimes Trials: An Assessment Ten Years On 1999- 2009, 0RGANIZA TION FOR SECURITY AND COOPERATION IN EUROPE, 8 (May 2010), available at https:/lwww.osce.org/kosovo/6&569. 70 About EULEX: The Mission. available at: https://www.eulex-kosovo.eu/?page=2,60. 71 Human llights Watch, Serbia/Kosovo Events of20 18, Human Rights Watch (20 18), available at 

https://www.hrw.org/world-report/20 19/country-chapters/serbia/kosovo. 72 Human Rights Watch, Serbia/Kosovo Events of 2018. HUMAN RIGHTS WATCH (20 18), available at 

https://www.hrw.org/world-report/20!9/country-chapters/serbialkosovo. 

73 Human Rights Watch, Serbia/Kosovo Events of 2018. HUMAN RIGHTS WATCH (20 !8), available at 

https://www.hrw.org/world-report/20!9/country-chapters/serbia/kosovo. 

74 Bernd Borchardt, EULEX and War Crimes, EUROPEAN UNION EXTERNAL ACTION, available at 

https://www.eulex-kosovo.eu/enlnews/000427.php. 

75 Bernd Borchardt, EULEX and War Crimes, EUROPEAN UNION EXTERNAL ACTION, available at 

https://www.eulex-kosovo.eu/enlnews/000427.php. 

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37 

Serbian War Crimes Chamber 

Serbia has made minimal effort to investigate and prosecute crimes perpetrated by 

Serbian forces during the Bosnian, Croatian and Kosovo conflicts. Until 2003, Serbia left such 

prosecutions to local courts that were ill-equipped to prosecute such cases. In 2003, under 

international pressure for greater accountability, the Serbian Assembly created a War Crimes 

Chamber and an Office of the War Crimes Prosecutor to handle the prosecution of war crimes 

committed in Serbia.76 However, these entities have been plagued by the "lack of political will, 

adequate resources, and weak witness support mechanisms."77 Through 2018, the Chambers had 

issued 44 final judgments, convicted 74 perpetrators, and acquitted 50 individuals for crimes in 

the conflicts in Bosnia, Croatia, and Kosovo. Very few of these prosecutions were of highranking officials.78 Moreover, only a couple of the cases pertained to crimes committed in 

Kosovo, or addressed conflict-related sexual violence. 

The Specialist Chambers and Specialist Prosecutor's Office 

In 2015, the Assembly of the Republic of Kosovo amended its Constitution to provide for 

the authority to create a Specialist Chambers and a Specialist Prosecutor's Office within 

Kosovo.79 Acting upon this authorization, the Kosovo Assembly passed the Law on Specialist 

Chambers and Specialist Prosecutor's Office (Law No. 05/L-053), which establishes the two 

institutions and provides for their jurisdiction, rules of procedure and evidence, structure, and 

competencies.80 The Kosovar government and the Dutch government agreed to locate the 

Chambers and Office in The Hague. 

The Specialist Chambers has subject-matter jurisdiction over the crimes set out in 

Articles 12-16 of the Law, including: crimes against humanity, war crimes, and other crimes 

under Kosovo law.81 The Specialist Chambers' temporal jurisdiction covers crimes that occurred 

between January I, 1998 through December 31,2000. The Specialist Chambers has territorial 

jurisdiction over crimes either commenced or committed in Kosovo. 

Public commentary suggests that the Specialist Chambers' jurisdiction may be narrowly 

interpreted to focus only on the alleged crimes of ethnic Albanians and members of the KLA. 

This interpretation looks to be guided by the court's history rather than a precise legal analysis of 

its founding documents. The court was created in the wake of an inquiry authorized by the 

76 Bogdan lvani~evic, Against the Current~ War Crimes Prosecutions in Serbia (2007), INTERNATfONAL CENTER 

FOR TRANSITIONAL Jus·ncE (2007), available at http:/lictj.org/sites/defaultlfiles/JCTJ-FormerYugoslavia-CrimesProsecutions-2007-English _l.pdf. 77 Serbia!Kosovo: Events 2018, HUMAN RIGHTS WATCH (World Report 20 19), available at 

https://www.hrw.org/world-report/2019/country-chapterslserbialkosovo. 

78 Serbia!Kosovo: Events 2018, HUMAN RIGHTS WATCH (World Report 2019), available at 

https://www.hrw.org/world-report/2019/country-chapterslserbialkosovo. 

79 KosovoCONST. art. 162 amendment no. 24 (2008, 2015), available at 

http://www.kuvendikosoves.org/common/docs/Amendment"/o20ol%20the%20Constitution%20-no%2024.pdf 

80 On Specialist Chambers and Specialist Prosecutor's Office, Law No.OS/L-053 (Kosovo, 2015), available at 

https:l/www.kuvendikosoves.org/common/docs/ligjet/05-L-053%20a.pdf. 

81 Criminal Code of the Republic ofKosovo 2012 (Law No. 04/L-082), available at http:l/www.assemblykosova.orglcommon/docsiligjet/Criminal%20Code.pdf. 

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38 

Council of Europe, and led by Swiss diplomat, Dick Maarty, into allegations of serious offences 

perpetrated by organized crime and members of the KLA during and in the immediate aftermath 

of the Kosovo conflict. 82 

As explained below, a close reading of the Chambers' constituting law reveals an even 

broader mandate that includes the authority to investigate and prosecute perpetrators of any 

ethnicity. Currently, the Chambers are still engaged in the initial stages of investigation and 

have yet to indict any suspects. This offers an important opportunity to clarify the Chambers' 

ability and commitment to closing the accountability gap. 

THE UNMET NEED FOR JUSTICE 

Despite the efforts of the Yugoslav Tribunal, the attempts of the UNMIK Regulation 64 

Panels, and the eftbrts ofEULEX, there is a dramatic accountability gap for war crimes and 

crimes against humanity committed against the people of Kosovo. An estimated 850,000 

Albanians were forcibly expelled from Kosovo, 590,000 internally displaced within Kosovo, 

20,000 victims of conflict-related sexual violence, and several thousand civilians murdered 

during the conflict. 83 Selectively prosecuting a few military and political leaders from the 

Serbian regime is undeniably valuable, but nevertheless insufficient. 

Perpetrating mass atrocity requires multiple actors to jointly commit international 

crimes.84 These actors can range from regular civilians co-opted by the state or paramilitaries to 

facilitate heinous acts, to ordinary soldiers, senior military officers, and political leaders. 85 

Following the Bosnian war, an International Crisis Group Report found that while some 

perpetrators had been indicted by the Yugoslav Tribunal, many "continue[d] to work in the 

police force, hold public office, exercise power through the legal and illegal economy, or 

influence politics from behind the scenes."86 Undoubtedly, a similar phenomenon has occurred 

in Kosovo as well. The range of perpetrators involved in perpetrating international crimes 

during the Kosovo conflict spanned the broadest spectrum, but only a handful of select and 

mostly high-level actors have been prosecuted to date. Although the previous judicial bodies 

made important progress, a vast number of perpetrators continue to walk free in Serbia. 

For example, a recent report prepared by the Humanitarian Law Centre details the 

absence of any inquiry into mass graves found in Serbia that contained the bodies of 940 Kosovo 

"Council of Europe, Inhuman treatment of people and illicit trafficking in human organs in Kosovo, (7 Jan. 2011). 83 Human Rights in Kosovo: As Seen, As Told Volume I, October 1998 -June 1999, ORGANIZATION FOR SECURITY 

AND CO-OPERATION IN EUROPE, 96 (Nov. 5, 1999), available at https://www.osce.org/odihr!I7772. "Wound< that 

Burn Our Souls": Compensation ji>r Kosovo 's Wartime Rape Survivors But Still No Justice, AMNES'IY 

INTERNATIONAL, 14nl7 (Dec. 13, 2017), available at 

https://www.amnesty.org/download/Documents/EUR7075582017ENGLISH.PDF. 

84 Mark Drumbl, Atrocity, Punishment, and International Law, CAMBRJDGE UNIVERSITY PRESS (2007). 85 Mark Drumbl, Atrocity, Punishment, and /nternalional Law. CAMBRIDGE UNIVERSITY PRESS (2007). 86 War Criminals in Bosnia's Republika Srpska, INTERNATIONAL CRISIS GROUP (Balkans Report 103, Nov. 2, 2000), 

available at https:llwww.crisisgroup.org/europe-central-asialbalkans/bosnia-and-herzegovinafwar-criminalsbosnias-republika-srpska 

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39 

Albanians, mainly civilians, who were killed outside of combat situations. 87 The report, which 

compiles eyewitness testimony cotToborated by evidence from the Yugoslav Tribunal, suggests 

the graves were part of a coordinated plan carried out by senior Serbian leadership in 1999 to 

conceal evidence of crimes against Kosovo Albanian civilians. 88 However, nearly all those who 

planned and carried out the crimes have not been indicted for their actions.89 

The accountability gap was further ag~:,rravated by the limited capacity of UNMIK and 

EULEX professionals to properly administer war crimes cases. In addition to struggling with 

meagre resources and narrow mandates, UNMIK and EULEX officials possessed little to no 

expertise on how to handle war crimes matters.90 The deficit in capacity extended to the entire 

justice system, including judges, prosecutors, defense lawyers, and investigators. This limited 

the ability ofUNMIK and EULEX to deliver accountability appropriate to the volume of 

perpetrators and crimes involved.91 

The Importance of Accountability 

It is imperative to obtain accountability for mass atrocities. In post-conflict settings, 

securing justice plays five key roles. First, it helps to establish individual responsibility and deny 

collective guilt.92 Particularly in ethno-political conflicts, accountability helps to distinguish 

between the culpability of individual perpetrators and the social, ethnic, and religious groups 

they belong to, preventing that group from being blamed as a whole.93 Isolating the blameless 

from the blameworthy through criminal processes can foster acknowledgement of the 

commonality rather than division that exists between a plurality of the individuals belonging to 

rival groups. This can also help establish a pathway to reconciliation between the ordinary 

civilians caught in the ethno-cultural crossfires of conflict. 

Second, the pursuit of justice helps to discredit the leaders and institutions responsible for 

the crimes.94 The indictment ofMilosevic, for instance, was a key part of the effort to 

delegitimize his rule. Third, in undergoing judicial proceedings, the collection and presentation 

87 Humanitarian Law Center, Dossier: The cover-up of evidence of crimes during the war in Kosovo: THE 

CONCEALMENT OF BODIES OPERATION, (January 2017), available at http:f/www.hlc-rdc.org/wpcontent/uploads/2017/0I/Dosije_OPERACIJA_SKRIVANJA_TELA._eng.pdf. 

88 Humanitarian Law Center, Dossier: The cover-up of evidence of crimes during the war in Kosovo: TilE 

CONCEALMENT OF BODIES OPERATION, (January 2017), available at http://www.hlc-rdc.org/wpcontent/uploads/20 17/01/Dosije _ OPERACIJA_SKRIV ANJA _TELA._ eng.pdf. 89 Humanitarian Law Center, Dossier: The <'over-up of evidence of crimes during the war in Kosovo: TilE 

CONCEALMENT OF BODIES OPERATION, (January 2017), available at http://www.h1c-rdc.org/wpcontent/up1oads/20 17/0 1/Dosije _ OPERACIJA_ SKRIV ANJA _TELA._ eng.pdf. 

'° Kosovo 's War Crimes Trials: An Assessment Ten Years On I 999- 2009, ORGANIZA"IlON FOR SECURITY AND CO· 

OPERATION IN EUROPE, 8 (May 2010), available at https://www.osce.org/kosovo/68569 at 23-24 91 Kosovo 's War Crimes Trials: An Assessment Ten Years On 1999- 2009, ORGANIZATION FOR SECURfi"Y AND CoOPERATlON IN EUROPE, 8 (May 2010), available at https://www.osce.org/kosovo/68569 at 23-24 92 Paul R. Williams and Michael P. Scharf, PEACE WITH JUSTICE? WAR CRIMES AND ACCOUNT ABILITY IN THE 

FORMER YUGOSLAVIA 16 (2002). 93 Daniel Bar-Tal and Gemma H. Bennink, The Nature of Reconciliation as an Outcome and as a Process, in FROM 

CONFLICT RESOLUTION TO RECONCILIATION (Yaacov Bar-Siman-Tov, 2004). 94 Paul R. Williams and Michael P. Scharf, PEACE WITH JUSTICE? WAR CRIMES AND ACCOUNTABILITY IN THE 

FORMER YUGOSLAVIA 17 (2002). 

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40 

of evidence aids in the establishment of an accurate historical record.95 The chaos of conflict can 

bury evidence, but the concentrated and intentional efforts of criminal investigators can help to 

unearth evidence of serious atrocities and illuminate truth amidst revisionist history. 

Fourth, justice plays a large role in providing victim catharsis.96 Without justice, 

perpetrators are seen to be "getting away with it," a feeling that can breed individual and 

communal dissatisfaction and resentment. 97 Finally, efforts to achieve accountability play a role 

in the deterrence of future atrocity crimes.98 Sending perpetrators to jail sends an important 

message to the broader world that there are consequences for committing of such crimes. 

In the context of the serious and widespread violations suffered by victims during the 

Kosovo conflict, accountability has not yet been satisfied. Justice requires a comprehensive 

investigation into conflict-related abuses and steps to hold perpetrators accountable. Rarely has 

the conducting of a few criminal trials satisfied the requirements of international law. Each 

individual victim, not the collective, has a right for their violation to be investigated and 

punished where appropriate. To this point, the pursuit of accountability for crimes committed 

during the Kosovo conflict remains incomplete. While the Yugoslav Tribunal, the UN, the EU, 

and domestic justice actors have made some progress, there remains an accountability gap, 

particularly in relation to the prosecution of conflict-related sexual violence. 

A Critical Gap: Conflict-related Sexual Violence 

A particularly egregious example of the gap in accountability left by the previous judicial 

mechanisms is their failure to appropriately seek justice for conflict-related sexual violence. 

Conflict-related sexual violence is defined as "rape, sexual slavery, forced prostitution, forced 

pregnancy, forced abortion, enforced sterilization, forced marriage and any other form of sexual 

violence of comparable gravity perpetrated against women, men, girls or boys that is directly or 

indirectly linked to a conflict."99 Reports approximate that 20,000 individuals were the victims 

of conflict-related sexual violence during the Kosovo conflict. 100 A Human Rights Watch 

investigation concluded that "rape and other forms of sexual violence were used in Kosovo in 

1999 as weapons of war and instruments of systematic 'ethnic cleansing.' Rapes were not rare 

95 Paul R. Williams and Michael P. Scharf, PEACE Wrf1l JUSTICE? WAR CRIMES AND ACCOUNTABILITY IN THE 

FORMER YUGOSLAVIA 19 (2002). 96 Paul R. Williams and Michael P. Scharf, PEACE WITH JUSTICE? WAR CRIMES AND ACCOUNTABILITY IN THE 

FORMER YUGOSLAVIA 20 (2002). 97 Ronald C. Stye, Amnesty, Truth, and Reconciliation in TRUTH V. JUSTICE: THE MORALITY OF TRU'I1! 

COMMISSIONS 170 (Robert l. Rotberg, Dennis Thompson ed., 2000). 98 Paul R. Williams and Michael P. Scharf, PEACE WITH JUSTICE? WAR CRIMES AND ACCOUNTABILI1Y IN THE 

FORMER YUGOSLAVIA 21 (2002). 99 Report qfthe Secretary-General on Cotiflict-Related Sexual Violence, para. 2, delivered to the Security Coundl, 

U.N. Doc. S/2018/250 (Apri116, 2018), available at https://www.un.org/sexualviolenceinconflictlwpcontentluploads/report/s-20 18-250/SG-REPORT -20 17-CRSV -SPREAD.pdf. 100 "Wounds that Burn Our Souls": Compensation for Kosovo 's Wartime Rape Survivors But Still No Justice, 

AMNESTY INTERNATIONAL, 14nl7 (Dec. 13, 2017), available at 

https:l/www.amnesty.org/download/Documents/EUR70755820 17ENGL!SH.PDF ("The most frequently quoted 

estimate suggests that the number may be as high as 20,000. This figure is based a survey conducted by the USbased Centre for Disease Control, which estimated that 4.4% of the female population ofKosovo had been raped or 

sexually assaulted.") Studies by the WHO Kosovo Health Sector Situation report and the The Center for Protection 

of Women and Children found similar numbers. 

13 
41 

and isolated acts committed by individual Serbian or Yugoslav forces, but rather were used 

deliberately as an instrument to terrorize the civilian population, extort money from families, and 

push people to flee their homes." 101 Despite this, only a handful of perpetrators have been held 

accountable for their actions. 102 

There a number of factors that contribute to the difficulties in providing accountability 

for contlict-re[ated sexual violence. The deterioration of public institutions and infrastructure 

during conflict contributes to a "near universal failure to collect evidence of crimes of sexual 

violence during the emergency and conflict periods." 103 In Kosovo, however, the failure 

extended beyond evidence collection difficulties. According to a report by Amnesty 

International, UNMIK possessed hundreds of statements on conflict-related sexual violence that 

had been collected by NATO's peacekeeping force in Kosovo or given to UNMlK directly. Yet, 

UNMIK rarely opened an investigation into these cases, and for those it did, it took years for an 

investigation to begin.104 Overall, UNMIK showed "a shocking disregard for the rights of 

victims" with UNMIK officers failing in a large number of cases to record statements, send files 

to appropriate personnel, promptly document evidence, or properly apply safeguards to protect 

witnesses. 105 Ultimately, UNMIK only performed two retrials for cases of conflict-related sexual 

violence, and the transcripts of both reveal improper application-whether intentional or due to 

lack of proper training-of the particular evidentiary standards that apply to victim testimony. 106 

UNMIK officials did not issue a single new indictment for a crime involving conflict-related 

sexual violence. 1 07 

Moreover, when UNMIK's cases were later passed along to EULEX, officials similarly 

failed to fill the accountability gap. From 2008 to 2018, EULEX prosecuted 38 war crimes cases 

of the almost 1,200 war crimes files it inherited from UNMIK. Only two of these 38 cases 

addressed conflict-related sexual violence. 108 

101 Kosovo: Rape as a Weapon of"Ethnic Cleansing," HUMAN RIGHTS WATCH (1 March 2000), available at 

https://www.refworld.org/docid/3ae6a87aO.html 

102 "Wound< that Burn Our Souls": Compensation for Kosovo 's Wartime Rape Survivors But Still No Justice, 

AMNESTY INTERNATIONAL, 7 (Dec. 13, 20 17), available at 

https://www.amnesty .org/download/Documents/EUR 70755 820 17ENGLISH.PDF. 103 Kim Thuy Seelinger, Domestic accountabilityfor sexual violence: The potential of specialized units in Kenya, 

Liberia, $'ierra Leone and Uganda, INTERNATIONAL REVIEW OF THE RED CROSS 539, 548 (2014), available at 

https://www.icrc.org/en!international-review/article/domcstic-accountability-sexual-vio1ence-potentia1-speciaJizedunits. 

104 "Wound< That Bum Our Souls:" Compensation for Kosovo 's Wartime Rape Survivors, But Still No Justice, 

AMNESTY INTERNATIONAL, 19 (Dec. 13, 2017), available at 

https:/ /www .amnesty .org/download!Documents/EUR 707 5 5820 l7ENGLISH .PDF. 105 "Wounds That Burn Our Souls:" Compensation for Kosovo 's Wartime Rape Survivors, B111 Still No Justice, 

AMNESTY INTERNATIONAL, 7 (Dec. 13, 20 17), available at 

https://www .amnesty .org/download/Documents/EUR 707 5 5820 17ENGLISH.PDF. 106 "Wound' That Burn Ow· Souls:" Compensation for Kosovo 's Wartime Rape Survivors, But Still No Justice, 

AMNESTY INTERNATIONAL, 19 (Dec. 13, 2017), available at 

https://www.amnesty .org/download!Documents/EUR 707 55 820 l7ENGLISH.PDF. 107 "Wounds That Burn Our Souls:" Compensation for Kosovo 's Wartime Rape Survivors. But Still No Justice, 

AMNESTY INTERNATIONAL, 19 (Dec. 13, 2017), available at 

https://www.amnesty .org/download/Documents/EUR 7075 5820 l7ENGLISH.PDF. 108 "Wounds that Burn Our Souls": Compensation for Kosovo 's Wartime Rape Survivors But Still No Justice (20 17) 

20, available at https://www.amnesty.org/download/Documents/EUR7075582017ENGLISH.PDF 

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42 

Progress in achieving accountability has been limited by the strong social stigma that 

surrounds conflict-related sexual violence in Kosovo, 109 as it does in many countries. Victims 

are often reluctant to come forward for fear of an impending backlash by members of their 

family or community. 110 This is compounded by the lack of effective witness anonymity. 

Testifying before courts carries the very strong risk of victims being re-traumatized by the 

process or rejected by society. 111 The availability of protective measures and psychosocial 

support can help alleviate those risks, but judicial institutions have been failed to offer the 

assistance necessary to make victims feel safe and prepared to testify. 112 

Investigators, prosecutors, and judges also regularly lacked the training necessary to 

successfully pursue justice for victims of conflict-related sexual violence. 113 These trials require 

an added level of sensitivity, ~om promise, and understanding, which the judicial actors often 

lacked, in order to account for the psychological and social effects of the physical violence. 

According to a Senior Medical Advisor at the International Committee of the Red Cross, such 

trauma may include behavioral disorders, such as post-traumatic stress disorder, and often carries 

a strong stigma causing victims to be shamed, ostracized, and even "treated by their families and 

communities as if they have committed a crime."114 Appropriately supporting victims of 

conflict-related sexual violence and combating these psychosocial ramifications thus requires 

additional judicial measures, such as confidentiality protections, post-investigation follow 

through, and the provision of additional medical support resources to victims. Yet, many 

involved with investigating and prosecuting sexual violence in Kosovo lacked specific training 

on how to approach such issues. Investigators, prosecutors, and judges often did not know what 

evidence to look for, how to collect it, or appropriate ways of managing the testimony process. 115 

109 lluman Rights in Kosovo: As Seen, As Told Volume I, October 1998- June 1999, ORGANIZATION FOR SECURITY 

AND CO-OPERATION IN EUROPE, 96 (Nov. 5, 1999), available at https://www.osce.org/odihr/17772. 110 "Wounds That Burn Our Souls:" Compensation for Kosovo 's Wartime Rape Survivors, But Still No Justice, 

AMNESTY INTERNATIONAL, 47 (Dec.l3, 2017), available at 

https://www.amnesty.org/download!Documents/EUR70755820 17ENGLISH.PDF. 111 "Wounds That Burn Our Souls:" Compensation for Kosovo's Wartime Rape Surrivors, But Still No Justice, 

AMNESTY INTERNATIONAL, 47 (Dec. 13, 2017), available at 

https:/ /www .amnesty .orgldownload/Documents/EUR 707 55 820 17ENGLISH.PDF. 112 "Wounds That Burn Our Souls:" Compensation for Kosovo 's lf'artime Rape Surrivors, But Still No Justice, 

AMNESTY INTERNATIONAL, 19 (Dec.l3, 2017), available at 

https://www.amnesty.org/download!Documents/EUR7075582017ENGLISH.PDF. 

113 "Wounds That Burn Our Souls:" Compensation for Kosovo 's Wartime Rape Survivors, But Still No Justice, 

AMNESTY INTERNATIONAL, 18 (Dec. 13, 2017), available at 

https://www.amnesty.org/download/Documents/EUR70755820 17ENGLISH.PDF ["In 2006, UNMIK Police's then 

Director of Criminal Investigations, told Amnesty International that none of the international police officers 

recruited to conduct war crimes investigations had any expertise in cases of gender-based violence, nor had they 

been trained in how to approach survivors. In addition, criteria for selecting international judges and prosecutors did 

not include previous expertise in war crimes or crimes of gender-based violence, nor did they receive any training in 

the adjudication or prosecution ofCRSV.") 114 Paul Bouvier, Sexual Violence, Health and Humanitarian Ethics: Towards a Holistic, Person-centered 

Approach, INTERNATIONAL REVIEW OF 11lE RED CROSS 565, 569 (2014), available at 

https://www.icrc.orglenlintemational-review/article/sexual-violence-health-and-humanitarian-ethics-towardsholistic-person. 

"' "Wounds That Burn Our Souls:" Compensation for Kosovo 's Wartime Rape Surrivors, But Still No Justice, 

AMNESTY INTERNATIONAL, 7 (Dec. 13, 2017), available at 

https:/ /www.amnesty .orgldownload/Documents/EUR 707 5 5820 17ENGLISH.PDF. 

15 
43 

This lack of appropriate training has led to inappropriate and harmful decisions by the 

involved justice mechanisms. For instance, in the Furundzija case, the Tribunal ordered the 

release of a rape victim's psychotherapy records to the chamber after finding the records material 

to assessing the victim's credibility as a witness. 116 In its order, the Tribunal subpoenaed the 

non-governmental counseling organization to turn over all documents related to the victim's 

treatment, which, after being reviewed by the Chamber, were disclosed to both the prosecution 

and defcnce.ll7 The order was criticized by victim's groups and survivors who argue the 

Tribunal's decision has chilling effect on the willingness of victim's seek therapy and come 

forward. 118 

Notably, many Serbian military and paramilitary perpetrators responsible for conflictrelated sexual violence live outside of the territory ofKosovo.ll9 Lacking jurisdiction over 

individual perpetrators outside of its territory, Kosovo's domestic accountability mechanisms 

have struggled to investigate and charge perpetrators located in Serbia. 120 As reported by 

Amnesty International, these difficulties have been aggravated by Serbia's "continuing culture of 

impunity [which] prevents the prosecution of police, para-military groups and military 

commanders reasonably suspected of war crimes, including CRSV [conflict-related sexual 

violence] in Kosovo." 121 Serbia's minimal cooperation with Kosovo'sjudiciary has thus added 

to the accountability gap. 

CLOSING THE ACCOUNTABILITY GAP 

Kosovo Specialist Chambers 

A close analysis of the the Specialist Chambers' constituting law indicates that the body's 

jurisdiction is broader than simply prosecuting ethnic-Aibanians and members of the KLA. The 

court's subject matter jurisdiction is triggered for crimes that "relate to" the Counsel of Europe 

report. 122 

116 Susana SaCouto, Kalherine Cleary, Importance of Effective Investigation of Sexual Violence and Gender-Based 

Crimes at the International Criminal Court, 17 AMERICAN UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY & THE 

LAW. 337, 352-353 (2009). 117 Susana SaCouto, Katherine Cleary, Importance of J:,Yfective Investigation of Sexual Violence and Gender-Based 

Crimes at the International Criminal Court, 17 AMERJCAN UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY & THE 

LAW. 337,352-353 (2009). 118 Susana SaCouto, Katherine Cleary, Importance of Effective Investigation of Sexual Violence and Gender-Based 

Crimes at the International Criminal Court, 17 AMERICAN UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY & THE 

LAW. 337, 352-353 (2009). 119 "Wounds That Burn Our Souls: " Compensation for Kosovo 's Wartime Rape Sun•ivors, But Still No Justice, 

AMNESTY INTERNATIONAL, 7 (Dec. 13, 2017), available at 

https://www.amnesty.org/download/Documents/EUR7075582017ENGLISH.PDF. 

120 "Wounds That Burn Our Souls:" Compensation for Kosovo 's IVartime Rape Survivors, But Still No Justice, 

AMNESTY INTERNATIONAL, 7 (Dec. 13, 2017), available at 

https://www.amnesty.org/download/Documents/EUR7075582017ENGLISH.PDF. 

121 "Wounds that Burn Our Souls": Compensation for Kosovo 's Wartime Rape Survivors But Still No Justice (20 17) 

7, available at https://www.amnesty.org/download/Documents!EUR7075582017ENGL!SH.PDF. 122 Law Na.05/L-053 on Specialist Chambers and Specialist Prosecutor's Office, Article 6, available at: 

https://www.scp-ks.org/en/documents/law-specialist-chambers-and-specialist-prosecutors-office. 

16 
44 

For the purposes of interpreting the court's jurisdiction, it is important to distinguish 

between what prompted the report and what the report contains. In addition to alleged KLA 

abuses, the report reveals crimes that may involve other perpetrators, such as the thousands of 

disappeared who are still unaccounted for, 123 and acts of conflict-related sexual violence. 124 

These findings suggest the court's subject matter jurisdiction includes the authority to inquire 

into criminal acts that extend beyond the abuse allegations which prompted the report. This 

would include the authority to investigate and prosecute perpetrators of all crimes that were 

committed during the Kosovo conflict. In addition to identifying crimes that may relate to 

perpetrators from multiple ethnicities, the contents of the report, which are not meant to be 

exhaustive findings, include general conclusions about the accountability gap. The report 

explains that the purpose of its inquiry "was not to conduct a criminal investigation," 125 and 

instead emphasizes the requirement to deliver accountability for all conflict-related crimcs.126 

The existence of and need to address widespread impunity are at the heart of the report's 

findings. Such findings square with the obligations embodied under international law, which 

require states to investigate and prosecute those responsible for committing serious violations of 

international human rights and humanitarian law. 127 To characterize the Council of Europe 

report as merely concerned with evidence of crimes alleged to have been committed by one party 

to the conflict does not paint a complete picture. The report also highlights broad gaps in 

accountability and demands that impunity for crimes should be ended comprehensively. In this 

light, the court's jurisdiction necessarily includes both the authority to investigate crimes 

revealed by the report-including disappearances and conflict-related sexual violence-as well 

the crimes it did not. Contrary to some perceptions, therefore, the court is bestowed with a broad 

and ethnically neutral manate. 

Additionally, a narrow interpretation would be at odds with customary international 

practice in the creation of similar accountability mechanisms. In the modern era of international 

criminal law, courts and tribunals have been established to look into situations and contexts, not 

specific ethnicities or predetermined groups. In this context, an ethno-specific tribunal would 

widely be viewed as illegitimate. The mandates of international courts and tribunals have all 

broadly included the ability to deeply investigate and prosecute whomever is responsible for the 

international crimes related to a specific geographic and temporal scope. The Yugoslav 

Tribunal, for example, prosecuted individuals for crimes perpetrated in the dissolution of the 

former Yugoslavia, the Rwanda Tribunal prosecuted individuals for the Rwandan genocide and 

its associated violence, the Special Court for the Sierra Leone prosecuted individuals for crimes 

123 Council of Europe, inhuman treatment of people and illicit trafficking in human organs in Kosovo, (7 Jan. 2011) 

at8. 

" 4 Council of Europe, Inhuman treatment of people and illicit trafficking in human organs in Kosovo, (7 Jan. 2011) 

at 15, 23. 125 Council of Europe, Inhuman treatment of people and iflicit trafficking in human organs in Kosovo, (7 Jan. 201 1) 

at26. 

126 Council of Europe, Inhuman treatment of people and illicit trafficking in human organs in Kosovo, (7 Jan. 2011) 

at 4, 5, 7, 8 10. 127 A/RES/60/147, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross 

Violations of International Human Rights Law and Serious Violations of lnternationallfumanitarian Law, Principle 

III, (16 December 2005) UNITED NATIONS GENERAL ASSEMBLY, available at; 

https:i/www.ohchr.org/en/professionalinterest/pages/remedyandreparation.aspx. 

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45 

committed during the Sierra Leone civil war, the Extraordinary Chambers in the Courts of 

Cambodia prosecuted individuals responsible for atrocities committed during the Khmer Rouge 

regime, and even the Special Tribunal for Lebanon-which was created to investigate and 

prosecute those responsible for the assassination of former Lebanese President, Rafic Hariri-is 

empowered to prosecute whoever is most responsible for the assassination, regardless of ethnic 

or group affiliation. 

Nevertheless, it may be important to clarify the issue and Kosovo should take the 

opportunity to confirm the court's broad mandate. The Chambers is a product of the Kosovo 

Constitution, so Kosovo has the power to decisively affirm the court's jurisdiction and 

commitment to ending impunity for all war-related crimes. If necessary, the Kosovo Parliament 

may even direct the Specialist Chambers to prioritize particularly heinous crimes largely ignored 

by other mechanisms, such as conflict-related sexual violence. Explicitly clarifying the court's 

broad mandate will strengthen the court's legitimacy and help support intercommunal 

reconciliation efforts. Doing so is also consistent with Kosovo's international obligations, which 

require it to ensure accountability for all serious abuses of internationallaw. 128 

An Added Advantage: Victim Participation 

The Specialist Chambers, if appropriately reconceptualized, would also be particularly 

well-placed to address gaps in accountability because of its innovations regarding victims 

participation in the trial process. In traditional criminal proceedings, victims may only 

participate as witnesses--they cannot make submissions, test evidence, or deliver statements. 

Those rights belong to the prosecution and defense, meaning victims must rely on the two parties 

with standing to pose questions that are sufficiently capable of revealing the truth. Previous 

attempts at accountability in Kosovo have all famously lacked victim participation rights, leading 

some to suggest that the historical record established by those mechanisms fails to fully capture 

victim interests or the impact of the crimes on their lives.129 To address this concern, the Kosovo 

Specialist Chambers has rules that permit victim participation through a court-appointed 

lawyer. 130 These provisions represent the cutting edge of international criminal justice, and 

mirror similar measures adopted by the ICC and the Cambodia Tribunal. Under these rules, 

victims have the opportunity to independently add to and correct the factual record by way of 

their involvement. This ensures a more complete accounting of the violations and harm 

perpetrated during the Kosovo war. 

The right to victim participation is codified in the Specialist Chambers statute and rules 

of procedure, which broadly permit victims to engage in all stages of proceedings, 131 and include 

measures to ensure victim security. Among other things, the statute creates a Victims 

128 AfRES/60/147, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross 

Violations of lnternationallluman Rights Law and Serious Violations of lnternationa/llumanitarian /,aw. Principle 

III, (16 December2005) UNITED NATIONS GENERAL ASSEMBLY, available at: 

https://www.ohchr.org/en/professionalinterest/pages/remedyandreparalion.aspx. 

129 Susana SaCouto, Victim Participation at the International Criminal Court and the Extraordinwy Chambers in 

the Courts of Cambodia: A Feminist Project?, 18:2 Michigan Journal of Gender and Law at 300 (20 12), available 

at: https:drepasitory.law.umich.edu/cgi/viewcontent.cgi?article· 1016&context=mjgl. 

JJO Law No.051L-053 011 Specialist Chambers and Specialist Prosecutor's (yjice, Article 26(2). 

l3l Law No.05/L-053 011 Specialist Chambers and Specialist Prosecutor's Office, Article 26(2}. 

18 
46 

Participation Office in the court Registry 132 and entitles victims to group representation by an 

appointed lawyer, known as "Victims' Counscl."133 The modalities of participation provided by 

the court's laws are broad, empowering victims to participate through their legal representative 

in a variety of ways, including: (i) applying for protective measures and the non-disclosure of 

identity; (ii) attending depositions and questioning deponents; (iii) presenting opening and 

closing statements; (iv) delivering oral and written submissions; (v) and asking questions of 

witnessesY4 Importantly, Victims' Counsel is entitled to full disclosure from the prosecutor, 

including the evidence supporting the indictment and any other material evidence within the 

prosecutor's possession. 135 Victims' Counsel may also petition the court to order the submission 

of additional evidence if that produced by the parties fails to adequately address the impact of the 

alleged crimes on the victims of those crimesP6 

A key challenge to addressing gaps in accountability in Kosovo is establishing an 

accurate historical record. The right to victim participation at the Specialist Chambers is one 

measure that promises to strengthen the record by offering victims an opportunity to tell and 

clarify their stories. While the concept of victim participation is still evolving under 

intemational criminal law, the robust provisions of the Specialist Chambers, and in particular, the 

ability for Victims' Counsel to protect and articulate victim impact, can help facilitate greater 

recognition of the harms suffered, empower victim communities, and identify gaps in 

accountability. 

Universal Jurisdiction 

As the Specialist Chambers moves forward and continues to develop, there are a number 

of other mechanisms for accountability and victim reparations that could be pursued to increase 

accountability for international crimes in Kosovo. 

One method for international accountability includes the prosecution of war criminals 

through foreign domestic courts under the principle of universal jurisdiction. According to the 

principle of universal jurisdiction, states are authorized to investigate and prosecute certain 

heinous international crimes regardless of the accused's nationality, country or residence, or 

connection to the prosecuting state. 137 The rationale behind universal jurisdiction is that some 

intemational crimes are of such magnitude that all states have an interest in preventing and 

prosecuting those crimes. 138 The crimes that trigger universal jurisdiction are accordingly 

limited in scope and concern the most serious violations of international law, including: 

genocide, crimes against humanity, war crimes, ethnic cleansing, and torture. 139 

112 Law No. 05/L-053 on Specialist Chambers and Specialist Prosecutor's Office, Article 26(5). 133 Law No. 05/L-053 on Specialist Chambers and Specialist Prosecutor's Office, Article 26(2). 134 Rules qf Procedure and E\•idence Before the Kosovo Specialist Chambers, Rule 114. 135 Rules of Procedure and Evidence Before the Kosovo Specialist Chambers, Rule 102. 136 Rules of Procedure and Evidence Before the Kosovo Specialist Chambers, Rule 114(5). 137 M.D. Evans, International Law, 326-27 (2010), available at https://www.icrc.orglenglassets/files/2014/universaljurisdiction-icrc-eng.pdf; Amnesty International, UNIVERSAL JURISDICTION: Questions and Answers, AMNESTY 

INTERNATIONAL, available at https://www.amnesty.orglen/documents/ior53/020/200l/en/ 138 UN/VERSA L JURISDICTION: Questions and Answers, AMNESTY INTERNATIONAL, available at 

https://wv.w.amnesty .orglen/documents/ior5 3/020/200 lien/. 139 UNIVERSAL JURISDICTION: Questions and Answers. AMNESTY INTERNATIONAL, available at 

https:I/W\~w.amnesty.orglen/documents/ior53/020/2001/en/. 

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47 

While states are not obliged to exercise universal jurisdiction, some have enshrined the 

principle within their domestic laws. 140 Others have created dedicated special prosecutors 

offices to investigate and try the most serious crimes under internationallaw. 141 States have 

begun using these tools to bring universal jurisdiction cases for war crimes related to Syria, for 

example, where the principle has enjoyed renewed interest from the international community. A 

similar approach could be taken for Kosovo, where states could bring cases under the principle 

of universal jurisdiction to fill gaps in accountability related to the war. Taking this approach 

cannot singlehandedly end the impunity of course; it can merely supplement complementary 

efforts. However, states are not prevented from taking action on their own and may use 

universal jurisdiction to prosecute Kosovo war criminals who enter their territory. 

Independent Evidentiary Mechanism 

Recently, the international community has begun establishing Independent Mechanisms 

for the documentation of international crimes committed during particularly heinous conflicts. 

In December 2016, the UN General Assembly created the first of these mechanisms for the Syria 

conflict. The International, Impartial, and Independent Mechanism ("IIIM") was established to 

"collect, consolidate, preserve and analyze evidence of violations of international humanitarian 

law and human rights violations and abuses and to prepare files in order to facilitate and expedite 

fair and independent criminal proceedings, in accordance with international law standards, in 

national, regional or international courts or tribunals that have or may in the future have 

jurisdiction over these crimes, in accordance with internationallaw." 142 Then, in September 

2018, the UN Human Rights Counci I followed the General Assembly's lead and created a 

similar Impartial aQd Independent Mechanism for evidence of the genocide committed against 

the Rohingya population in Myanmar. 143 The Mechanisms for Myanmar and for Syria work to 

document the atrocities of their respective regions and prepare files that can be used in 

accountability proceedings when appropriate mechanisms-whether international ad hoc 

tribunals or otherwise--are established. 

The pursuit ofjustice in Kosovo does not require a mechanism to prepare files in 

anticipation of a judicial mechanism, but Kosovo could benefit from a similar institution that 

properly consolidates and preserves both the evidence already collected by prior judicial bodies 

and that not yet collected. The proceedings at the Yugoslav Tribunal, UNMIK Regulation 64 

Panels, and EULEX hybrid courts all required significant evidentiary work that should not be 

lost or hidden in non-accessible archives. Moreover, there are substantial amounts of additional 

testimony, witness reports, and other corroborating evidence that exists yet has never been 

140 S.C. 2000. c. 24, Crimes AgainSlliumanily and War Crimes Act (2000}, CANADA, m•ailable at http:!!laws-

/oisjustice.gc.ca!PDF!C-45.9.pdf; Denmark Criminal Code, Article 8 (2005), available at 

http:/lwww.legislationline.orgidocuments/sectionlcriminal-codes. 

141 Human Rights Watch, The Long Arm of Justice: Lessonsfi'om Specialized War Crimes Units in France, 

Germany, and the Netherlands (Sept. 16, 2014), available at https://www.hrw.orglreport/2014/09!16/long-armjusticellessons-specialized-war-crimes-units-france-germany-and; Birgitte Vestberg, Prosecuting and 111Vestigating 

International Crimes in Denmark, Guest Lecture Series of the Office of the Prosecutor, 2 (AprilS, 2006), available 

at https:/lv;ww.icc-cpi.int/NR/rdonlyres/9C4449DE-B59B-40E2-BF72-062764FFCBEBIONestberg_paper.pdf. 142 G.A. Res. 711248,114 (Dec. 21, 2016), https://undocs.org/A!RES/71/248. 143 H.R.C. Res. 3912,1122 (Sept. 27, 2018), https://undocs.org!A/HRC/res/39/2. 

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48 

fom1ally recorded or organized. For example, Kosovo Police War Crimes Investigators reported 

there are a number of cases for which women provided testimonies years ago that do not have 

proper records, and a number of women's group have protested that information on rape and 

sexual assaults that they spent resources gathering in the aftermath of the conflict was lost by the 

UN Mission in Kosovo. 144 The creation of an evidentiary institution could thus serve an 

important role in establishing an accurate historical record. In tum, the knowledge amassed 

would help to validate the pain endured by individual victims as well as provide collective 

recognition of the atrocity crimes that occurred during the conflict. 

Non-Amnesty Based Truth Commission 

In the absence of the full and complete prosecution of all perpetrators, the existence of an 

independent mechanism for the documentation of crimes would be a significant step towards 

justice and reconciliation. There are also other mechanisms that can assist in the codification of 

an accurate historical record. The most notable of these mechanisms is a non-amnesty based 

Truth and Reconciliation Commission. These commissions differ from the Independent 

Mechanisms created for Syria and Myanmar as they are not focused on preparing documents 

according to evidentiary standards of intemationallaw. While the later is preferable for 

accountability, the former may still help in the healing and reconciliation process by providing a 

degree of closure and assuaging some of the lasting trauma of the atrocity crimes. 

Moreover, the creation of such a record by either an Independent Mechanism or nonamnesty based Truth Commission can be instrumental in providing a foundation from which 

other forms of transitional justice are based. Victim compensation, for instance, relies on there 

being accurate information on those who have status as victims, a status that may be contentious 

without a reliable historical reeord from which to ground the claim. Other forms of reparations 

are similarly undergirded by the establishment of an accurate historical record. These include 

restitution, such as the restoration of property, residence, employment or other liberties, and 

rehabilitation, whether through the provision of medical and psychological services or fom1s of 

communal support. 145 Memorialization is also a form of"symbolic reparations" that relies 

heavily on documentation to build sites within fraught communities that can bridge the tense 

legacies of the conflict. 146 The process of constructing physical testaments to collective 

memories has a gained traction in recent years as an essential pillar of transitional justice. 147 

144 ''Wounds that Burn Our Souls": Compensation for Kosovo 's Wartime Rape Survivors But Still No .Justice, 

AMNESTY INTERNATIONAL (Dec. !3, 2017) 26, available at 

https:llwww.amnesty.org/download/Documents/EUR7075582017ENGLISH.PDF. 

145 UNGA Res 60/147, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of 

Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, 

(!6 December 2005), available at https://www.ohchr.org/en/professionalinterest/pages/remedyandrepa ration,aspx. 146 Yasmin Sooka, Forward in Ereshnee Naidu, From Memory to Action: A Toolkit for Memorialization in PostConflict Societies (International Coalition of Sites of Conscience), available at 

https://www.sitesofconscience.orglwp-contcntluploads/2016/08/Memorialization-Toolkit-English,pdf. 147 Ereshnee Naidu, From Memory to Action: A Toolkit for Memorializalion in Post-Co'lflict Societies (International 

Coalition of Sites of Conscience) 3, available at 

https://forum.savingplaces,org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=a9c268c5-

365a-aeaf-7e62-b848dd893eca. 

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49 

CONCLUSION 

During the Kosovo conflict, hundreds of thousands ofKosovo Albanians were subjected 

to war crimes and crimes against humanity, including forced deportation, murder, torture, rape 

and other acts of conflict-related sexual violence. Despite there seeming to be a plethora of 

international and domestic mechanisms designed to bring to justice those responsible for these 

crimes, there is a dramatic accountability gap. Only a small handful of individuals have been 

indicted and prosecuted for their actions. Thousands of perpetrators remain free and enjoy de 

facto immunity. Hundreds of thousands of victims remain without justice. 

The Specialist Chambers for Kosovo presents an opportunity to afford justice to the 

victims of the Kosovo conflict. lt is imperative that the international community not be allowed 

to distort the jurisdiction of the Court and narrowly tailor its focus to a defendant class of ethnic 

Albanians and the KLA. To do so would run counter to the core foundations of justice and 

accountability, and to basic principles of fairness and of equal justice. 

Moreover, the Specialist Chambers embraces state of the art provisions for victim 

participation and the protection and facilitation of witness testimony related to conflict-related 

sexual violence. Given the dramatic under-prosecution of those responsible for these crimes, the 

Specialist Chambers presents a rare opportunity to correct earlier failure to provide adequate 

judicial redress to victims. 

The United States should work with the government ofKosovo to affirm, and if 

necessary clarify, that the mandate of the Specialist Chambers covers all crimes committed in the 

territory of Kosovo, and is not limited to prosecuting members of a specific ethnic group of 

alleged perpetrators. The United States should also work with the government of Kosovo to 

encourage the Specialist Prosecutor's Office, a part of the judicial system ofKosovo, to prioritize 

the investigation and prosecution of rape and other conflict-related sexual violence. 

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50 

Chairman ENGEL. Thank you, Dr. Williams. 

Mr. Bytyqi? 

STATEMENT OF ILIR BYTYQI 

Mr. BYTYQI. Chairman Engel, Ranking Member McCaul, members of the committee, thank you for hosting this important hearing and inviting me to testify. 

My name is Ilir Bytyqi. 

Chairman ENGEL. Mr. Bytyqi, could you just pull the microphone 

a little closer to your lips? 

Mr. BYTYQI. Sure. Thank you. 

My name is Ilir Bytyqi. On behalf of my family and other victims 

of war crimes committed during the Kosovo War, I am here to offer 

you the words of a simple message: victims cannot be ignored. If 

you want lasting peace in the Balkans, we cannot be ignored. If 

you care about justice, we cannot be ignored. And if you all you 

want is simply the truth, we cannot be ignored. As I hope to make 

clear today, this history is still being written. This committee can 

help shape its course. 

I come from an American-Albanian immigrant family in New 

York. I grew up between the United States and Kosovo with lots 

of siblings, including my brothers Fatose, Ylli, Agron, and Mehmet. 

We were a close family, one for all, all for one. But six boys in New 

York, imagine the headaches we gave my mother. 

In the late 1990’s, we started hearing about what was happening 

in Kosovo. We were devastated to see images of our friends/families 

being expelled from their homes and murdered in their villages. We 

were worried sick thinking about my mother, sister, and my brother Fatose who were in Kosovo at the time. 

Around this time, we got word from the American-Albanian community in New York that people were going over to fight against 

President Milosevic’s barbaric campaign and ethnic cleansing. Ylli, 

Agron, and Mehmet went without hesitation. They were not scared. 

The last thing I told them was, ‘‘Be safe. You know I expect you 

to come back.’’ 

Toward the end of the war, my brothers decided to stay in 

Kosovo and help with the rebuild efforts. One day, they agreed to 

go on a humanitarian mission to help some neighbors get to a safe 

zone. Eventually, Serbian police came in unmarked cars and in 

plain clothing and kidnapped my brothers. They took them to the 

other side of Serbia, to Petrovo Selo. Two years later, their bodies 

were found on top of a mass grave in Petrovo Selo with their hands 

tied behind their backs and bullet holes through the back of their 

heads. My brothers were sent to these killing grounds because they 

were Albanians. They were murdered because they were Americans. 

This has devastating my family. For the past 20 years, my brother Fatose and I have been fighting for justice because the Serbian 

government will not. In 2015, then-Prime Minister Alexander Vucic 

admitted as much. He looked my brother Fatose in the eye and 

said in an uncertain manner, ‘‘In my mind, only two people are responsible for these murders.’’ Then, he named the names. 

This is not some unsolved mystery. It is a simple matter of will. 

Then, as the Prime Minister, and now as the President, Alexander 
51 

Vucic protects war criminals who murdered my brothers. President 

Vucic has no shame about this. He has threatened my family for 

our efforts. For 5 years now, he has promised members of this committee and the United States Vice President that he would resolve 

this case. Earlier this year in Munich, President Vucic bragged to 

Serbian media that he told members of this committee that NATO 

officials should be extradited to Serbia, not the war criminals who 

murdered the American citizens. 

This is a systematic problem with Serbia. The government consensually protects war criminals, creating a political culture that 

intimidates witnesses and victims. Convicted war criminals are 

regularly given a hero’s welcome when they exit the ICTU prison. 

Recently, President Vucic had the audacity to call Slobodan 

Milosevic ‘‘a great leader’’. 

Serbian war crimes answers are failing in many ways. They 

issue very few indictments. The few indictments they allow are 

low-level suspects and direct perpetrators. Superior officers are 

shielded from scrutiny. Human Rights Watch, Amnesty International, the Humanitarian Law Center, the European Commission, the European Parliament, and others, have each noted this 

defect. 

Recently, Serbia did not have a leading war crime prosecutor for 

18 months. When the Serbian Parliament finally elected one, the 

candidate won based on the pledge of prioritizing cases of Serbian 

victims, not the cases like ours. 

These and many other problems are illustrated in lack of effort 

and will to resolve war crimes. Mr. Chairman, this effort affects 

other issues that I know you care deeply about. There are still over 

1300 missing persons from the war, many of whom have not been 

found because of the coverup operations that occurred at the end 

of the war. The main suspect in the Bytyqi case and principal responsible over many of these covered operations, to date, Serbia 

has not prosecuted a single person for the coverups. 

The good news is that concrete things that the Congress, the European Union, Serbia, and even Kosovo can do can help these 

causes. First of all, I urge you to do the following: 

Pass the H.Con.Res. 32 resolution regarding the case that was 

recently introduced by Republican Lee Zeldin, Chairman Engel, 

and Republican Grace Meng. When the Congress speaks, Serbia listens. 

Make sure that the European Union counterparts prioritize these 

issues, as Serbia is currently in the midst of their EU ascension 

process. To date, Serbia has been allowed to open relevant chapters 

just by making empty promises. This must stop. 

Consider legislation to give the President and my family more 

tools to pursue justice in this case, where Americans are killed 

abroad by foreign governments. Our advocates at Pretrial Rights 

International have forwarded a legislative proposal to some of your 

offices regarding these issues. We would be happy to share with 

any other members of the committee. 

Second, I urge the European Union to do one simple thing: start 

prioritizing accountability for war crimes during both the Serbia 

ascension process and during the related dialog between Pristina 

and Belgrade. There are a number of ways to do this. 
52 

Mr. Chairman, I strongly support your call to not allow Serbia 

to enter the EU until it cleans up its act. Serbia should not be allowed to enter the EU until it proves that it can and will complete 

prosecute of mid—and high-ranking war criminals and those responsible for the coverup operation. 

Additionally, the international community has taken creative approaches to work with the countries in the region that have similarly faced problems, such as locating trials outside the country 

borders. It is now time for the EU, the United States, and the 

international partners to consider similar options for Serbia. 

Also, the EU should not shy away from difficulties, but relate 

issues like justice sector cooperation between Serbia and Kosovo. 

Both countries need to cooperate in all types of cross-border criminal investigations. The EU should make sure that they have agreement in place. 

To Serbian leaders, I urge you to change your course. There is 

no shame on facing one’s past, only honor. Until Serbian politicians/leaders support their efforts to honestly confront Serbia’s 

past, Serbia will never become a great nation that we all know and 

hope it can be. 

Finally, we are truly grateful for the many recognitions that the 

Kosovo government has given to my family and other war crime 

victims, but the Kosovo government can do more. It should make 

war crime justice in Serbia and regional cooperation in war crimes 

cases a frontline issue in the dialog with Serbia. As a sovereign nation, Kosovo also has the right to take real action in these cases. 

We urge you, the international community, to start prioritizing 

these issues. 

Thank you for your consideration of my testimony. 

[The prepared statement of Mr. Bytyqi follows:] 
53 

Testimony of llir Bytyqi, April30, 2019 

Chairman Engel, Ranking Member McCaul and Members of the Committee, thank you for hosting 

this important hearing and inviting me to testit'y. My parents regret not being able to make it here 

today. They are currently visiting family and friends in Kosovo for the next few weeks. 

My name is Ilir Bytyqi. On behalf of my family and other victims of war crimes committed during 

the Kosovo war, I'm here to offer you and the world one simple message. Victims cannot be 

ignored. If you want lasting peace in the Balkans, we cannot be ignored. If you want Serbia and 

Kosovo to come to an agreement that has widespread and deep support, we cannot be ignored. If 

you want to leaders to stop pitting one group against the other, we cannot be ignored. If you want 

tens of thousands families who were victimized by war crimes in Kosovo to find closure and peace, 

we cannot be ignored. And if all you want is simply the truth, we cannot be ignored. 

As I hope to make clear today, the United States, the European Union, Serbia, and Kosovo have 

much more to do in these respects. This history is still being written. ·n1is Committee can help 

shape its course. 

**** 

I come from a big American-Albanian immigrant family in New York. I grew up between the 

United States and Kosovo with a lot of siblings, including my brothers Fatose, Ylli, Agron, and 

Mehmet. Except for Fatose, all of us were born here in the United States, just outside of Chicago. 

My family later moved to Long Island, New York many years ago. 

Growing up, me and my brothers, we liked to play soccer, basketball, and do normal things as kids. 

We were very close as a family. One for all, all for one. We had a good life and loving parents. Six 

boys in New York- Imagine the headaches we gave my mother. 

In the late nineties, we started bearing about what was happening in Kosovo. We knew things had 

been bad for some time. Serbian officials harassing my family caused us to come to America in the 

frrst place. In Kosovo, there was no opportunity and no fairness if you were Albanian. My father 

and many others were passed up for jobs and opportunities even though they were better educated 

and more qualified than many of their Serbian colleagues. 

But in the late 1990's, we were devastated to see the images of our friends and family being 

expelled from their homes and murdered in their villages. We worried ourselves sick, thinking 

about my mother, sister, and brother Fatose, who were in Kosovo at the time. Luckily, one of their 

neighbors- aRoma family- really helped them out. Our Roma neighbors helped shelter and 

protect them when Serbs were coming through Prizren. But eventually, my mother, sister, and 

Fatose were expelled from their homes and joined a long march to Albania. 

Around this time, we got word from the American-Albanian community in New York that people 

were going over to fight against President Milosevic 's barbaric campaign of ethnic cleansing. They 

were going to protect our families and our friends in Kosovo- a mission that the United States 

strongly supported. My brothers and I sat down and had a difficult conversation with my dad. We 
54 

wanted to go too. There was no fear, just determination. But we knew that somebody had to stay 

behind just in case. We drew sticks and I got the short end, twice. 

Ylli, Agron, and Mehmet went without hesitation. They weren't scared. There was nothing stopping 

them. The last thing I told them, was "he safe, you know, I expect you guys to come home". 

Towards the end of the war, my brothers decided to stay in Kosovo and help with the rebuilding 

efforts. But times had changed and the Roma family that had protected my mother now needed 

protection of their own. Families like theirs were now being threatened by Albanians, who thought 

Roma had worked with Serbs during the war. So, my mother asked my brothers to help their 

neighbors. Ylli, Agron, and Mehmet agreed to esc01t the family to the Serbian border, where they 

would be safer. But the border markings were poor and they were eventually arrested for crossing 

an unmarked border. A judge sentenced them to two weeks in jail for illegally entering the former 

Yugoslavia. At the end of the two weeks, the judge ordered their release. But we never saw them 

again. 

My mom and Fatose were trying to get in touch with them, but there was no way of getting in 

touch. It was hell. It was a very desperate time for us. I was there myself a few times and met with 

Serbian officials. They told us that they would be fine, they're just in prison probably and they'll be 

released. They assured us there was nothing to worry about. 

Later, we found out that Serbian police had come in unmarked cars and in plain clothes and 

kidnapped my brothers. They took them to the other side of Serbia- to Petrovo Selo, where these 

same units had recently dug a mass grave. Petrovo Selo was then run by Lieutenant-Colonel Goran 

Radosavljevic. Two years later, their bodies were tbund on top of that mass grave with their hands 

tied behind their backs and bullet holes through the back of their heads. 

These kidnappings were ordered from the very top of the Serbian government. All people involved 

have admitted that the Minister of Interior ordered his assistant minister, Vlastimir Dordevic, to take 

my brothers to Petrovo Selo. They all knew what was going to happen next. These same people had 

used Petrovo Selo to cover-up seventy-five war-crime murders in a mass grave just a few weeks 

before. My brothers were sent to this killing ground because they were Albanians. They were also 

sent there because they were Americans. 

This has shattered my family. We will never celebrate their birthdays or celebrate their marriage. I 

will never he able to be uncle to their kids. It's like a glass when it shatters. You try to put it 

together, but it'll never be the same. 

For the past twenty years, my brother Fatose and I have heen fighting for justice because the Serbian 

government won't. All of these facts have been known to the Serbian government for some tin1e. 

Vlastimir Dordevic and Goran Radosavljevic, nicknamed "Guri", and others were each directly in the 

chain of command that ordered my brothers murders. In2015, then Prime Minister Aleksandar Vucic 

admitted as much. He looked my brother Fatose in the eye and said in no uncertain matter, "In my 

mind, only two people are responsible for these murders- Guri and [one other individual)" This is 

not some unsolved mystery. It is simply a matter or will. Then as Prime Minister and now as President, 

Aleksandar Vucic protects war criminals. He has done so for almost his entire political career and he 

2 
55 

is doing it again now. For five years now, he has promised us, U.S. officials, and members of this 

Committee, that he would resolve the case. Instead, he is protecting people who murdered three 

American citizens. 

President Vucic has no shame about this. Goran Radosavljevic has been one of his close advisors 

and on the Executive Board of the SNS political party that Vucic leads. When US Ambassador Kyle 

Scott and Fatose Bytyqi questioned this close relationship, President Vucic responded: "You should 

be ashamed of yourself, what do you think, that I will allow someone to kick me in the head?" 

Earlier this year, some of the members of this Committee confronted President Vucic in Munich 

about my family's case. President Vucic bragged then and later to the media that he told you that 

NATO officials should be extradited to Serbia, not Goran Radosavljcvic. The message is clear. 

Radosavljevi6 is off-limits. 

This is a systemic problem in Serbia. Vucic and the SNS-Ied government have similarly and 

consistently attempted to rehabilitate and protect war criminals, creating a political culture that 

intimidates witnesses and victims. For example: 

Media and tabloids, which remain tightly manipulated and controlled by President Vucic and 

the government, remain "ethnically biased" when reporting on war crimes. 

SNS parliamentarians accused the Serbian War Crimes Prosecutor of"espionage" for sharing 

information about the Bytyqi case with the US Embassy in Belgrade. 

Then Prime Minister Vucic, President Nikolic, and Foreign Minister DaciC's falsely accused 

the Humanitarian Law Center of trying to "bring down" the government and country for 

accusing the fonner Army Chief of Staff of war crimes. 

Convicted war criminals are regularly given a hero's welcome when exiting ICTY prisons, 

including one that subsequently went on to teach in a military academy. 

• There are even attempts to rehabilitate Slobodan Milosevic, whom President Vucic recently 

called a "great" leader. 

Under such circumstance, no witnesses will come forward and truthfully testil'y in cases like my 

brothers'. As former Serbian War Crimes Prosecutor Vladimir Vukcevic said of the Bytyqi case, 

"witnesses are terrified". 

Despite the requirements of EU accession, the Serbian government has also shown no intention of 

curing these problems. It is similarly content with a failing and sometimes corrupt Office of the War 

Crimes Prosecutor ("OWCP"), one that has enabled the government's protection of suspects in the 

Bytyqi case. 

First, the oflice is neither profussional nor competent to properly investigate its own cases. Since 

adoption of the government's 2016 National Strategy for the Processing of War Crimes, the 

Humanitarian Law Center in Belgrade says that there had been no tangible progress with respect to 

war crimes prosecutions. Of the fifteen indictments issued since the adoption of that strategy, only 

three indictment were the result of an investigation conducted by Serbian prosecutors; the rest resulted 

from complete case files transferred from the OWCP of Bosnia and Herzegovina. Indictments are 

regularly returned by the courts for being insufficiently pled. 

Second, the office only indicts uncomplicated cases, involving one or two victims and low-level 

suspects, and direct perpetrators. Superior officers are shielded from scrutiny. 

Numerous organizations and institutions have similarly pointed out the Serbia does not adequately 

3 
56 

investigate and prosecute mid-ranking or high-ranking war crimes suspects. Human Rights Watch, 

Amnesty International, the Humanitarian Law Center, the European Commission, the European 

Parliament, and others have each noted this deticit. Each have also pointed other systemic problems, 

like the low number of original indictments Serbian prosecutors are able to bring. 

Third, the government and prosecutors are not serious about using the OWCP in a neutral and 

effective manner. The position at the head of the OWCP was recently left vacant for eighteen months. 

When Serbia's parliament finally elected a new chief prosecutor, the candidate won based on a pledge 

to prioritize cases of Serbian victims. 

Fourth, in the Bytyqi case, the OWCP and other authorities allegedly cooperated directly with Goran 

Radosavljevic during previous investigations into the case, never interviewing him as a suspect- only 

as a potential witness. 

These and many other problems illustrate Serbia's basic lack ofeftbrt and will to resolve war crimes. 

Mr. Chairmen, this includes a related issue that l know you care deeply about; There are still over 

l ,300 missing persons from the war, many of whom have not been found because of callous coverup operations that occurred at the end of the war. Vlastimir Dordevic, Goran Radosaljevic and others 

main suspects in the Bytyqi case had principal responsibility over many of these cover-up operations. 

They need to answer for such crimes as well. To date, Serbia has not prosecuted a single person for 

these cover-up operations. Unlocking the vault of impunity in the Bytyqi case will not only help bring 

closure for my family and right a wrong being perpetrated against the United States itself, it may also 

help bring closure to hundreds of other fumilies still searching for answers about their loved ones. 

The good news is that there are concrete things that the Congress, the European Union, Serbia and 

even Kosovo can do to help these causes. 

First, I urge you and the House of Representatives and Senate to do the following: 

1) Pass H.Con.Res. 32, a resolution regarding the case that was recently introduced by Rep. Lee 

Zeldin, Chairman Engel, and Rep. Grace Meng. When it passed this Committee last Summer, 

it was reported on in Serbia for four days and drew comments from the Foreign and Justice 

Ministers. When the Congress speaks, Serbia listens. 

2) Make sure your European Union counterparts do not soft-peddle this issue. As you know, 

Serbia is currently in the midst oftheir EU-accession process. To date, accountability for war 

crimes has been a third or even fourth-tier issue in Serbia's accession process. Serbia has been 

allowed to open the relevant chapters just by making empty promises instead of proving that 

they can do better. This has to stop. 

3) Consider legislative tixes to give the President and families like mine more tools to pursue 

justice in cases where Americans are killed without due process. Unfortunately, my brothers 

are not the only Americans who have been murdered by foreign governments. You only have 

to read the newspapers to know about other high-protile cases. Our advocates at Pretrial 

Rights International have forwarded a legislative proposal to some of your offices regarding 

this issue and would be happy to share it with any other member of this Committee. 

Second, I urge the European Union to do one simple thing- start prioritizing accountability for war 

crimes during both Serbia's accession process and during the related dialogue between Pristina and 

Belgrade. There are a number of ways to do this: 

4 
57 

1) Mr. Chairman, we strongly support your calls to not allow Serbia to enter the EU until it cleans 

up its act. Serbia should not be allowed to enter the EU until it proves that it can and will 

competently prosecute mid-ranking and high-ranking war criminals and those responsible for 

the cover-up operations. 

One small example will tell you why. One of the most talked about battles in Serbia and 2) 

Kosovo is not actually from 1999 or even 1989. It is from 1389 -the Battle of Kosovo. 

Memories in the Balkans are very long. If a 630 year old battle is still a hot subject, don't 

think that crimes committed just twenty years ago will so easily fade from memory. Any push 

to nonnaliz.e relations between Kosovo and Serbia must not overlook thorny issues, like war 

crimes accountability, in favor of expedient agreements. 

2) Additionally, the international community has taken creative approaches in working with 

other countries in the region that have similarly faced problems with witness intimidation, 

such as locating trials outside of a country's borders. It is now time for the EU, United States, 

and other international partners to consider similar options for Serbia. 

3) Finally, the EU should not shy away from difficult but related issues, like justice sector 

cooperation between Serbia and Kosovo. Like other countries in the region, both countries 

need to cooperate on all types of cross-border criminal investigations, including organized 

crime and war crimes. The EU should make sure that they have agreements in place to allow 

such cooperation to happen. 

To Serbian leaders, l urge you to change course. Although there have been some better moments, 

Serbia has been on a long march to trivializing war crimes and rehabilitating war criminals. There is 

no shame in facing up to one's past- only honor. Many Serbs know this and fight through constant 

threat and against great political odds to make their country better. Organizations like the 

Humanitarian Law Center, the Youth Initiative for Human Rights are all heroes and patriots. So too 

are independent journalists like those at BIRN and the recently departed Dejan Anastasijevic. Until 

Serbian political leaders support them and otherwise honestly confront Serbia's past, Serbia will 

never move forward to become the great nation that we all know and hope it can be. 

Finally, I urge the government ofKosovo to step up its efforts to ensure that justice for victims is a 

priority. The Kosovo government can do much more to support victims. We are truly grateful for the 

many recognitions that the government has bestowed upon my brothers and family and other war 

crime victims. But the Kosovo government can take swift and tangible actions to ensure justice. This 

includes making war crimes accountability in Serbia and regional cooperation in war crimes cases a 

frontline issue in its dialogue with Serbia. As a sovereign nation, Kosovo has the right to take real 

action in these cases 

We urge you and the international community to start prioritizing these issues. Thank you for 

considering my testimony. 

5 
58 

Chairman ENGEL. Thank you, Mr. Bytyqi. 

Ms. Krasniqi-Goodman? 

Push the button and move the microphone closer, too. 

STATEMENT OF VASFIJE KRASNIQI-GOODMAN 

Ms. KRASNIQI-GOODMAN. Is this good? 

Chairman ENGEL. We will see. 

Ms. KRASNIQI-GOODMAN. Thank you. 

Chairman ENGEL. Keep talking. 

Ms. KRASNIQI-GOODMAN. Honorable Chairman Engel, Honorable 

Ranking Member—— 

Chairman ENGEL. A little louder. If you can just move it closer 

to you? Yes. Just speak directly into it and it will pick up your 

voice. 

Ms. KRASNIQI-GOODMAN. Honorable Chairman Engel, Honorable 

Ranking Member McCaul, honorable members of the Foreign Affairs Committee, ladies and gentlemen, I want to thank you all 

very much for giving me the honor of sharing my story with you. 

I hope it will shed some light on the depth of the issues that you 

are considering here today. 

On April 14, 1999, when I was only a 16-year-old child, a Serbian 

police officer burst into my family’s home. He was looking for my 

father and my brothers, despite the fact that they were not there. 

I was with my mother, my aunt, and my two cousins. The police 

officer ordered us to show him our IDs. After taking a look at my 

ID, he kept it and he said I had to go to the police station to give 

a statement about the men of our household. 

At this moment, my uncle walked over from his house and simply asked, ‘‘Why are you taking our girl?’’ The police officer replied, 

‘‘Don’t anybody move or I’ll shoot everybody.’’ My mom told him to 

take her in my place. ‘‘No, she’s a child,’’ replied the police officer. 

‘‘She will not be able to lie about the whereabouts of her father and 

brothers.’’ 

The Serbian police officer then ripped me away from my mother’s 

arms and took me to the Serbian village nearby. He walked me 

into an empty house just off of the main road and threw me onto 

a stack of corn that was piled against the house. I started to yell 

and I screamed at the top of my lungs. That is when he took me 

inside of his car and he started raping me. 

I remember everything. I was held at the gunpoint. He abused 

me and raped me repeatedly. I was shocked and exhausted. I lost 

consciousness. When I regained consciousness, I cried with no control, begging him to kill me. ‘‘No,’’ he said, ‘‘I will not because you 

will suffer more this way.’’ He was right; I have suffered greatly 

since then. 

I remember he had a bandage on his left hand, and he was saying that is where the Liberation Army shot him and he was taking 

revenge on me. Every time that I screamed, he threatened to take 

me to an area full of Serbian forces where more men would rape 

me. After he was done assaulting me, he went into a local store 

and left me alone in the car. I know the village was primarily Serbians, so I was terrified to make a move. 

Shortly after the policeman left, an older man came out of the 

same store and walked toward me. He forced me outside of the car 
59 

and took me to an unfinished house. I distinctly remember this 

man. He was an old man and he was crippled. There in that house 

he raped me. 

A few hours later, I was taken back to my village and left on the 

street. I walked through the village cemetery, hoping that my life 

would end just right then and there because I do not want to go 

home to explain to anybody what has just happened to me. 

They told me not to tell anybody what had just happened. They 

said to tell they was at the police station giving a statement about 

the whereabouts of my father and my brothers. 

Somehow I managed to make it to my uncle’s house. I did not 

have to explain anything what happened to me. By judging in the 

conditions they saw me, they knew that no one takes a 16-year-old 

child to the police station for a testimony just to return her a few 

hours later with scratches, bruises, and torn up. 

The next day I reported my case to the Kosovo Liberation Army. 

Later, I reported it to the United Nations Mission in Kosovo. I also 

reported everything to the European Union Rule of Law Mission in 

Kosovo. 

The perpetrators of this crime, they were identified eventually. 

However, 20 years have passed. My torturers are not being held accountable for the crimes that they have done and they are still at 

large. 

There are 20,000 women and men who suffered crimes of war, 

sexual violence in Kosovo. All they want is justice. All I want is 

justice. 

Although today I live a happy life in Texas as a proud wife and 

as a proud mother of two daughters who were born in the United 

States, and, thankfully, they will never have to encounter the tragedies that I experienced, I will never have a peace with my past 

until justice is delivered. 

Thus, today I call on the Representatives of the U.S. Congress 

to address the impunity of war crimes and human rights abuses 

that were committed in Kosovo by taking immediate action to seek 

justice for all survivors. 

Thank you. 

[The prepared statement of Ms. Krasniqi-Goodman follows:] 
60 

Prepared Testimony of Ms. Vasfije Krasniqi - Goodman 

submitted before the U.S. House of Representatives Committee on Foreign Affairs 

on "Kosovo's Wartime Victims: The Quest for Justice" 

Honorable Chairman Engel. 

Honorable ranking member McCaul, 

April 30th, 2019 

Honorable members of the Foreign Affairs Committee, 

Ladies and gentlemen, 

Thank you very much for giving me the honor of sharing my story '.vith you. I hope that it will shed 

some light on the human dimension of the issues that you are considering here today. 

On April 14th, 1999 when I was only sixteen years old, a Serbian police officer barged into my 

house. He was looking for my father and my brothers. However, they were not at home. I was there 

with my mother, my aunt, and my two cousins. The policeman ordered us to show him our IDs. 

After taking a look at my ID he kept it and told me that I had to go to the police station with him to 

give a statement about the men of our household. 

At this moment, my uncle who had walked over from his house came in and asked him "\1\ihy are 

you taking our girl?" The policeman said if anyone moved, he was going to shoot everyone. My 

mom toll him to take her in my stead. "No, she is a child" replied the policeman, "that's why she 

would not lie about the whereabouts of her father and brothers. The Serbian police officer then 

ripped me away from my mother's arms and took me to a Serbian village nearby. He walked me into 

an empty house, just off of the main road and threw me onto dried corn stacks that were piled up 

against the house. I started to yell. I screamed at the top of my lungs. That's when he took me to his 

car and started to rape me. 

I remember everything. He held me at gnnpoint, abused and raped me repeatedly. I was so shocked 

and exhausted that I lost consciousness. I would regain consciousness and cry with no control 

begging him to kill me. He said "No. I won't because you 'N-ill suffer more this way." In all honesty, I 

did suffer a lot. 

I remember that he had a bandage on his left hand and he told me that the KLA had shot him, so 

now he would take revenge on me. Every time that I screamed he threatened to take me to an area 

full of Serbian forces where he said more people would rape me. After he was done assaulting me, 

he went into a local store and left me alone in the car. I knew that the village was predominantly 

Serbian, so I was terrified to make any move. 

Shortly after the policeman left, an older man came out of the same store and walked towards me. 

He forced me out of the car and took me to an unfinished house. I distinctly remember the man, he 

was old and crippled. There, in that house that man raped me. A few hours later I was taken hack to 

my village and left out on the street. They told me not to tell anyone about what had transpired. 

Instead, J was supposed to say that I had heen at the police station the whole time, giving a 

statement about the whereabouts of my father and brothers. 
61 

I walked through the village cemetery and I hoped that my life would just come to an end, right then 

and there. I did not want to go home and have to explain to anyone what had just happened to me. 

However, I somehow made it to my uncle's house. Once I got there, I did not have to say a word. 

Judging from the condition that I was in, everyone knew what had happened. No one takes a 

sixteen-year-old child to the police station and keeps them there for hours only to return her home 

scratched, bruised, cut up and torn up. The next day, I reported my case to the KLA. Later I 

reported it to the United Nations Mission in Kosovo. I also reported everything to the European 

Union Rule of Law Mission in Kosovo. 

The perpetrator of this crime was eventually identified. However, twenty years have passed and 

justice continues to fail me. My torturer bas not been held accountable for his crimes, and is still at 

large. There are twenty thousand women and men who survived crimes of wartime sexual violence 

in Kosovo. All they want is justice. All I want is justice. Although today I live a happy life in Texas as 

a proud mother of two daughters who were born in the United States and thankfully will never have 

to encounter the horrors that I experienced, I will never have true peace with my past until justice is 

delivered. 

Thus, today I call on the representatives of the United States Congress to address the impunity of 

war crimes and human rights abuses that were committed in Kosovo by taking immediate action to 

seek justice for the victims. 

Thank you. 
62 

Chairman ENGEL. Thank you, Ms. Krasniqi-Goodman, and 

thanks to all our witnesses. 

Let me start with Ms. Krasniqi-Goodman. This room got very 

quiet. Thank you, first of all, for the courage of telling your story. 

It is not an easy thing to have lived through, obviously, and it is 

a very difficult thing to be able to go public and tell everybody. But 

it is so important if we are ever going to get justice for what happened during the war in Kosovo. People like you and others, Mr. 

Bytyqi, have to have the courage to speak. So, I want to thank you 

personally. I got to know you a little bit last night at dinner. 

And I want to thank all of our witnesses. Thank you. Thank you 

so much. 

President Jahjaga, I have worked with you so much during these 

past several years, and thank you for your courage. 

Dr. Williams, you have always spoken the truth. 

And, Mr. Bytyqi, everyone in Kosovo knows the story of the 

Bytyqi brothers. Everyone knows the story, and we are not going 

to forget ever about your brothers. We are not going to stop until 

we seek justice. 

Let me start with President Jahjaga. Thank you for your service 

to your country and your efforts to raise awareness about the 

women who survived sexual violence during the Kosovo War. It is 

very difficult, even 20 years later, to come to grips with what was 

done to these women and to, sadly, say that we have had 20 years 

and we have not done right by them. 

Could you please share with the committee the ongoing struggles 

of the victims of wartime rape? And how can we assist your efforts 

to work with you in bringing people to justice? 

Ms. JAHJAGA. Mr. Chairman, thank you very much one more 

time for giving a chance to us to be able to share with the United 

States lawmakers and the global audience how the justice has 

failed the victims of the war in Kosovo and what are the steps necessary to be taken in order to move forward. 

We want to bring forward the issue of the justice for the war 

crimes and the crimes against humanity committed by the Serbian 

regime, by the Milosevic regime, by the military police, and by the 

paramilitary forces of Serbia. We want to bring the justice for so 

many of the innocent who lost life. We want to bring the justice 

for so many of the survivors of the sexual violence. We want to 

bring the justice for so many of the missing people. 

Our dignity, Mr. Chairman, has been touched and our humanity, 

and we have been stripped of that 20 years ago. Many of the reports of the human rights and the verification reports have shown, 

and many of the testimoneys of the witnesses of these atrocities, 

and the crimes committed against humanity in Kosovo show that 

Kosovo, the ethnic majority of Kosovo have been violated and have 

been a target of some of the most grievous crimes and the violation 

of the human rights. 

The Milosevic regime wielded the absolute control over the Serbian police, military, and paramilitary forces that they have been 

ordered to conduct this series of the violations of the human rights. 

It was mentioned here that an estimated number of over 1 million 

people were made by force to leave their homes for the purpose of 

the ethnic cleansing. Only during the wartime, it was also men-
63 

tioned here, over 13,000 people have been killed and massacred. In 

between then, I want to repeat again, 1,230 of them children under 

the age of 18 and an estimated number of 20,000 women and men 

raped, where rape has been used as a tool of war. 

Only between March and April 1999, about 1 million people were 

forced to leave the country for the purpose of the ethnic cleansing, 

as you mentioned, Mr. Chairman, in the very beginning of this 

hearing today, toward the direction of Albania, Macedonia, and 

Montenegro, as the neighboring countries, for our people to search 

for safe haven. These were not only the countries that have received the refugees from Kosovo, but we are forever grateful to 

many of the countries and the nations, started from here, from the 

U.S., from Germany, Austria, and many countries within Europe as 

far as Israel, Australia, and New Zealand, that have opened their 

doors to offer the safe haven for the people which were facing the 

tremendous crimes and suffering during the wartime in Kosovo. 

And here it was mentioned that the Western world did not experience that type of the ethnic cleansing since the Holocaust from the 

World War II, and it is a true statement. 

And something that I really want to stop here, because it was 

mentioned, before I go to the survivors of the sexual violence. And 

I would like to use this opportunity to mention three more cases 

in the realm of several other crimes and the massacres that have 

been recorded also by the Humanitarian Law Center in Kosovo, 

which is a long list of those that I want to mention for the sake 

of this many lives that have been lost in Kosovo by name, starting 

from February 28th of 1998 to June 6th of 1999. And I want to go 

by every location of the crimes that have been committed here. 

It’s Likoshan, Municipality of Gllogoc and Qirez, Prekaz i 

Poshtem, Lubeniq, Poklek i Ri, Rahovec, Shtutica, Grejqefc, Senik, 

Rezalla, Dubovc, Obri e Eperme, Racak, Rogova, Neighborhood II 

and III of Skenderaj, Kotlina, Brestoc, Goden, Ternje, Bellacerka, 

Krusha e Vogel, Krusha e Madhe, city of Suhareka, city of Fushe 

Kosova, Celina, Padalishta, Duzhnje, Samadrexha, Dardania 

Neighborhood in the city of Peja, Mamusha, city of Gjakova, 

Krushevc, Izbica, city of Podujeva, Samadrexha, Beleg, Polac, 

PaStatella, Joviq, Lubeniq, city of Gjakova, city of Fushe Kosova, 

city of Gjakova, Nagavc, Marina, Kralan. 

Chairman ENGEL. President Jahjaga, we will submit, without objection, all these names, so it will be in the official record. 

Ms. JAHJAGA. Please. 

Chairman ENGEL. We will submit that. 

Chairman ENGEL. I just want to very quickly say one thing, and 

then, I will turn it over to Mr. McCaul. I have been to Kosovo 

many, many times. I have been there with my friend Harry 

Bajraktari and with others as well. 

I remember particularly in 1999 going to a city called Peja, and 

every Albanian in that city, which was an Albanian city, was forced 

out of their home. And as the people left their homes, the Serbian 

forces torched each home, burned down each home systematically 

one by one by one, until thousands upon thousands of homes were 

all burned. 

And someone presented me with pictures of every home in Peja 

burning or charred, and I kept that. I still have that on my dresser 
64 

in my bedroom. So that every night it reminds me that there’s still 

a lot of work to be done. 

The point that I want to make—and I guess it does not really 

require an answer—but anybody who commits horrendous crimes 

of war should be brought to justice. And we heard Ms. KrasniqiGoodman having the courage to say what you have said, and thank 

you. And Mr. Bytyqi, your family, you know, I have been to Kosovo 

where the monuments are to your family, to your brothers. It is a 

well-known name. 

The thing that annoys me the most is that, whatever atrocities 

that were committed on either side have to be brought to justice, 

but there were so many atrocities committed against ethnic Albanians. It is not even near equality. And yet, when you look at what 

the international community has done, they have gone after Albanians much more than they have gone after Serbs, when there is 

not even an equality there. There were so many more atrocities 

committed against ethnic Albanians, and to sort of pretend that 

there is this moral equivalency is absolutely a disgrace. And as 

long as I have anything to do with it, we are going to make that 

point and to continue to demand that people who did the terrible 

things to citizens that we heard from Ms. Krasniqi-Goodman, that 

these people are brought to justice. So, I just want to say that. 

Mr. McCaul? 

Mr. MCCAUL. Thank you, Mr. Chairman. 

I want to say thank you to Ms. Goodman for your courage to 

come forward with that story. I know, as a former Federal prosecutor dealing with victims, it is hard to relive that experience. 

And, Mr. Bytyqi, your brothers, it never quite leaves, and it is 

PTSD of the worst kind. So, again, I want to thank you for coming 

forward. 

What I am kind of shocked by, Mr. Chairman is the fact that we 

had over 13,000 people killed, 1.2 million people displaced; it has 

been 20 years. We have a U.N. administration mission, some sort 

of U.N. court involved, and only six people have been convicted? 

And I think, Dr. Williams, you said that rape is not even a 

standalone crime that can be prosecuted. 

So, again, I want to thank you for having this hearing. I just find 

that completely unacceptable. So, perhaps, Madam President and 

Dr. Williams, can you tell us what has been going on over the last 

20 years? Because those numbers just do not add up to me. 

Ms. JAHJAGA. As I said earlier, we have an estimated number of 

about 20,000 women and men that have been raped during the 

wartime, where rape has been used as a tool of war. Like in every 

other case, like also in our case in Kosovo, there has been enormous stigma surrounding the survivors of the sexual violence. And 

the reason why the rape has been used as a tool of war by the police, military, and the paramilitary forces was to emasculate the 

men of Kosovo and to destroy the very fabric of our society. 

And their main intention was to have the war last much longer 

after it has officially ended. And they have achieved that because, 

for 20 years after the end of the war, we still have this very living 

evidence and the proof and the suffering among the survivors, each 

and every one of them which are living with these atrocities and 

with what they have gone through during the wartime. 
65 

In many of those cases, the perpetrators of this horrendous 

crime, they were telling, even out loudly, that we are going, even 

though that the victims and the survivors were begging them to 

kill them after they committed those acts, they said to them that, 

‘‘No, we are going to leave you alive, so you can live with this thing 

forever and you can remember what we have done to you forever 

and for your entire life.’’ 

And every single survivor of sexual violence, no matter in which 

part of the country I have met—and I have met many of them 

throughout the country, hundreds of them—they seek only one 

thing. They seek for the justice. They seek for the perpetrators 

whoever done these crimes to be put forward to the justice and to 

be facing with the justice for the crimes that have been unjustly 

committed upon them. 

Unfortunately, this issue of the survivors of the sexual violence, 

as you rightly said, Mr. McCaul, they have not priority immediately after the end of the war, neither from the international mission, neither from the provisional institutions of Kosovo. Only the 

women activists were the open door to the survivors of the sexual 

violence to offer, starting from the psychological treatment and all 

the way down to the physical and toward the medical treatment of 

others. Only back in 2014, we, as the country, have started the institutional approach and care toward the survivors of the sexual violence. 

In that time, in my term as the President of the Republic of 

Kosovo, I established the National Council for the Survivors of the 

Sexual Violence, which opened a totally new chapter for the survivors for rape, their integration, rehabilitation, resocialization, 

and the access to the justice. 

I mentioned the access to the justice, which is very limited because, so far, we do not have a single perpetrator that has been 

found guilty for all those crimes. 

Mr. MCCAUL. And thank you for starting the National Council 

for Survivors. 

Ms. JAHJAGA. And that is why we need—sir, there is a tremendous need to establish the Special Court in order to prosecute these 

cases of the war crimes and crimes against humanity and the 

crimes of the sexual violence used as a tool of war in Kosovo. I call 

upon this body, I call upon you, as the U.S. Congress, as the body 

that has proven so far and has lined up yourself in the right side 

of the history, and you have proven that 20 years ago, in regard 

with the intervention in Kosovo, to stop the war, to stop the genocide, and to stop the ethnic cleansing, to condition Serbia and to 

keep Serbia accountable for all of the crimes and atrocities that 

they did toward the innocent people of Kosovo. 

And it is really unjust to see that Serbia has a very open part 

toward Euroatlantic integration. And I want from this body to analyze all of the possible circumstances, to establish the type of Special Court the way that we have established in Kosovo for all of the 

crimes to be investigated by this body; at the same time, Serbia to 

be conditioned in their path toward the Euroatlantic integration. 

Mr. MCCAUL. And I look forward to working with the chairman 

on the idea of the Special Court. 
66 

And, Dr. Williams, my time is limited, but the United Nations 

has wholly failed. I mean, as a Federal prosecutor for many years, 

this is incompetence. It is inept. It is not working. So, is this Special Court idea the answer? 

Dr. WILLIAMS. A Special Court with a clarified mandate is the 

answer. There are three reasons why the U.N. mission failed. The 

Yugoslavia Tribunal was timid and tardy in its indictments. When 

it indicted Milosevic, it said to itself, we have indicted the most 

senior political leader; take the box on Kosovo. They indicted a 

handful of other small individuals. They, then, had a 2-year trial, 

and he died during the trial. So, justice was not achieved. 

The U.N. mission in Kosovo, the EU mission in Kosovo simply 

were not equipped, were not interested, and did not exercise the jurisdictional mandate that they possessed. 

And then, the third reason, as I mentioned in my testimony, is 

this sense of moral equivalency. The European Union approach, 

which the United States falls into once in a while, is that we need 

to integrate Serbia into Europe. If we say all sides are responsible, 

the Croats, the Bosnians, the Kosovars, the Serbs, it is easier to 

accommodate and appease the existing regime in Serbia. You saw 

this at Dayton. You saw this at Rambouillet. 

And then, you have the Special Court, which is the worst possible court one could imagine, which is a court specifically designed 

only to prosecute one ethnic group for one set of crimes. That is its 

public characterization. A close reading of the statute—and you 

know, as a prosecutor, you look at the statute of the court; it can 

apply to all crimes and crimes committed by all perpetrators, and 

provide justice for all victims, but it is going to need direction. 

The important thing to remember is this court was created by 

the Parliament of Kosovo. The government of Kosovo possesses the 

authority to clarify, reframe, and, if necessary, amend the statute 

to make it crystal clear that it is not just an ethnically based court. 

And I would encourage—I will stop there. 

Mr. MCCAUL. Thank you. 

Chairman ENGEL. Thank you. 

Ms. Bass? 

Ms. BASS. Thank you, Mr. Chair. And let me just take a moment 

to thank you for your leadership on this issue for a very long time. 

I am aware of that. 

I did want you to continue on talking about the Special Court, 

to try to understand exactly what you think would be the best. 

And then, I also wanted to hear in terms of our role, the role of 

the United States, and whether or not you feel that we have played 

a positive role in terms of bringing the perpetrators of war crimes 

to justice. 

And, gentleman, I am sorry, I do not want to mispronounce your 

name. You described your brothers and you said they were Americans. And I just was wondering specifically what the U.S. did in 

your situation. 

So, I throw those questions out to the panel. 

Dr. WILLIAMS. The Special Tribunal has a unique founding. 

There was a report crafted by the Council of Europe, again, as part 

of this approach of moral equivalence. It focused on its face exclusively against crimes committed by ethnic Albanians, but it did ac-
67 

knowledge that there were a number of crimes committed by a 

number of parties, and that is important. It was not the emphasis 

of the report, but it did acknowledge that a lot of what we have 

spoken about here today, about the preponderance of the crimes 

being committed by the Serbian regime. 

The statute has an odd jurisdictional mandate. The jurisdictional 

mandate is for crimes related to the report of the Council of Europe. Now no lawyer would write a statute that would lay out the 

jurisdiction, and then, reference it to a report by a diplomat, but 

that is what you have. 

And then, there was tremendous pressure put on the government 

of Kosovo to adopt this, and then, to physically move the court to 

the Netherlands. And that is where the opportunity comes to turn 

this court around and make it successful. There are international 

judges, international prosecutors, and there is a list of defense attorneys that are both Albanian, Serbian, and international. 

The problem is, as lawyers, we look at the statute and we can 

say, yes, this can be used to bring about accountability for all perpetrators, for all victims, and provide justice for all witnesses. And 

in particular—I emphasized this in my written statement—it has 

state-of-the-art witness protection, which makes it ideal for prosecuting sexually related crimes for conflict abuse or conflict-related 

sexual violence. 

But the diplomatic momentum is that it is a narrow ethnic-based 

court, and unless the U.S. Government takes some action or works 

closely with the Kosovars to provide them the political cover to reframe—— 

Ms. BASS. What do you see that action being? 

Dr. WILLIAMS. This action would be a statement by the Department of State explaining what the mandate actually covers. The 

U.S. Government provides funding for this court because it is an 

internationalized, hybrid tribunal; to condition this funding on the 

proper interpretation of its mandate and to send necessary personnel and resources. 

And I will end with 10 seconds of, when I was at the State Department in the early 1990’s, the Yugoslavia Tribunal was set up. 

The Americans moved money, they moved personnel, and the 

American Government was heavily involved in crafting the Security Council resolution, the mandate, the statute of the Yugoslav 

Tribunal, because America knew how important justice was going 

to be for durable peace. That has waned in these last few years and 

needs to be reinvigorated. 

Ms. BASS. OK. And I know I am just about out of time, but I 

would like for you to respond. And then, I wanted to know if 

Madam President had a comment she wanted to make. 

Mr. BYTYQI. Thank you. 

The Bytyqi brothers were all American citizens in the 1990’s 

when the atrocity of the Serbs, the Milosevic regime was put on the 

Albanian people in Kosovo. At the time, we had our parents there, 

my brother, younger brother, my sister, and my mother. And we 

heard that the American-Albanian community are gathering up together to go fight over with the support of the U.S. Government. 

And they went and fought. They did what any soldier would do, 

protect one from the other. 
68 

And where the U.S. Government stands, the U.S. Government 

does do a lot, but the problem is Serbia. 

Ms. BASS. What was the response when they found your brothers’ bodies? What did the U.S. Government do? 

Mr. BYTYQI. They did everything—they started, we started prosecuting. After a couple of years, there was a prosecutor. The U.S. 

Government—the Serbian government does not cooperate. They 

talk the talk, but they do not walk the walk. They will give you 

empty promises, which has been happening for the past 20 years. 

The President himself, he keeps the criminals close allies to himself. 

Ms. BASS. OK. And then, Madam President, is there anything 

you would like to add? 

Mr. BYTYQI. Thank you. 

Ms. BASS. Thank you. 

Ms. JAHJAGA. Thank you very much. And actually, I would not 

have more else to add than what Dr. Williams has already explained as regards the structure of the Special Court, which should 

only require some of the amendments of the current structure of 

the Special Court, which has been already established. And it was 

very well said here that no court should be established only in certain ethnic-based in there. 

Proofs and evidences are already there because they have been 

there for about 20 years. And these are very well-documented by 

many of the international human rights reports. And it only has 

the political backing or the political support starting from here, 

from this body. It was very well-described by Dr. Williams, starting 

from your side toward the State Department, and then, back to the 

European channels. 

And again, about the necessary diplomatic pressure and the political pressure in the authorities of Serbia to be able to show the 

same readiness as we have shown in the case of Kosovo in establishing this certain crime, because this is not only in the interest 

of Kosovo because this is also in the interest of the long-lasting 

peace in the entire region of the southeastern part of Europe. 

It is not our intention to create a monster out of one nation of 

the Serbia. Our intention is to have Serbia and the Serbian authorities to hold accountable and responsible everyone who has 

committed these crimes toward the innocent people of Kosovo. 

Chairman ENGEL. Thank you. Thank you, President Jahjaga. 

Before I call on Mr. Chabot, I want to acknowledge all the people 

who came from all over the country, particularly from New York, 

to be here with us today to witness what is happening. I am very 

happy to see all of you, and I want to single out Councilman Mark 

Gjonaj, who is here in the audience as well. Thank you very, very 

much. And, of course, Harry Bajraktari and all the people that I 

know so well. 

Mr. Chabot? 

Mr. CHABOT. Thank you very much, Mr. Chairman, and thank 

you very much for holding this hearing. I think this was very important for you to do so, and I know that you have personally been 

very involved in this issue for many, any years. And I think Members on both sides of the aisle respect your dedication and your 

commitment to it. 
69 

I have not been to the region or to Kosovo nearly as many times 

as you have. I have been there, learned a lot when I was. 

And coincidentally, the Dayton Accords occurred just up the road 

from my district. I represent Cincinnati, Ohio. Dayton is just north 

of my district. 

And I saw you nodding, Dr. Williams. My first question, I wanted 

to ask you, and the ranking member, Mr. McCaul, I got a sense 

from him. He is as outraged as a lot of us are about how the U.N. 

and the world has really, I think, failed miserably in this. The Dayton Accords did get the war more or less ended, at least the physical shooting and the bombings, and that type of thing. But, in 

holding guilty parties accountable, it has just filed miserably. 

And hearing especially the two witnesses that felt this with their 

families, it is just horrific what you all had to go through, and the 

courage of you coming here again today puts all of us, I think on 

both sides, in awe that you are able to come before a committee 

like this and testify. So, thank you for doing that. It is important 

that the world hear this. 

So, I guess, Dr. Williams, let me just ask you this: as horrible 

as this has been, there are other atrocities and mass killings that 

have occurred. Obviously, Rwanda comes to mind, Cambodia, 

South Africa, as the reconciliation afterwards. Is there anything 

that we can learn from how they handled some of these things that 

did or did not happen here? Or what can we learn, because we 

need to learn as much as possible from this? 

Dr. WILLIAMS. Thank you. 

By way of full disclosure, my father’s family is from Dayton, 

Ohio. So, we are kindred spirits there. 

The thing we can learn, there are two things we can learn about 

dealing with accountability and reconciliation. The first, it is important to understand the nature of the individuals that we have 

negotiated with to create the Dayton Accords, to create the Rambouillet Accords, and what sort of countermeasures must be subsequently employed. 

Three of the four signatories of the Dayton Accords—Karadzic, 

Milosevic, and Tudjman—were indictable or indicted for war 

crimes. Karadzic and Milosevic were indicted; Tudjman died before 

the prosecutor said she was about to indict him. The two chief negotiators for Serbia at the Rambouillet Accords, Milutinovic and 

Sahinoviàc, were also both indicted for crimes against humanity. 

So, you have to bear in mind that, while we negotiate or the U.N. 

negotiates with these individuals to get to yes, to get a peace agreement, you are not going to find justice as part of the peace process, 

which is why you have these tribunals. 

And what we found in Sierra Leone, in the Ivory Coast, in Rwanda, in Cambodia, and in other places where there are tribunals, is 

you need a holistic approach. You need an accurate historical 

record, which the tribunals, but also truth commissions, non-amnesty-based truth commissions, help to provide. You need victim 

catharsis. 

So, in Rwanda, there was the genocide. The International Tribunal prosecuted nearly 60 individuals, but, then, you had local 

prosecutions and you had gacaca courts at the community. And 
70 

over 100,000 individuals have been processed through the system 

that Rwanda created. So, the victims have their say. In a tribunal, 

it is the perpetrators who have their say. They are the ones on 

trial. Milosevic represented himself. But, in truth commissions or 

localized mechanisms, or these hybrid type of tribunals that the 

Specialist Chambers could be, you have the opportunity for victims’ 

representation, victims’ counsel. 

And then, you need memorialization and you need recognition, 

and it must be a comprehensive package. You have not had that 

in Kosovo. And that lesson has not been learned from all of these 

other tribunals that we have seen. 

So, negotiate peace with whoever you have to. Indict and hold accountable those responsible for atrocity crimes. And then, expand 

that mechanism and develop other mechanisms for victim catharsis, historical records. 

And importantly, as Madam President had noted, to deny collective guilt. And I was very careful in my testimony to talk about 

Serbian regime perpetrators because, although it is tens of thousands, it is not millions and it is not the entire Serbian population. 

And you need to identify and pull out those responsible, so that 

there is a denial of collective guilt and you can have reconciliation 

and durable peace. 

Mr. CHABOT. Thank you very much. 

And, Mr. Chairman, my time has expired. If I could just thank 

the panel, again, for their tremendous testimony. And hopefully, we 

will, as a Nation, along with the world, act upon this. So, thank 

you very much. 

Chairman ENGEL. Yes, thank you, Mr. Chabot. 

Ms. Spanberger? 

Ms. SPANBERGER. Thank you, Mr. Chair. 

Thank you very much to the witnesses for being here. I especially want to thank you, Ms. Krasniqi-Goodman. Thank you for 

your testimony today. I appreciate you bringing a voice not just to 

your experience, but to the experiences of so many victims. 

And to Mr. Bytyqi, I am so sorry for the loss of your brothers 

Ylli, Agron, and Mehmet. Thank you for honoring them by being 

here today. 

I would like to continue the conversation a bit about the discussion related to the need for a Special Court. My area of interest is 

in recognizing that, in 2014, Kosovo law was amended to recognize 

victims of conflict-related sexual violence as war victims. And this 

made them eligible for reparations. However, thus far, only 1300 

women have applied. 

I am curious if you believe that, were there to be a shift in the 

accountability process, the creation of this Special Court that you 

have talked about, Madam President, do you think that would 

change the pathway for victims of sexual violence to come forward, 

and would that have an impact on this catharsis that you, Dr. Williams, have spoken about as well? 

Ms. JAHJAGA. Well, ma’am, absolutely, it will shift. As I said in 

the very beginning, the issue of the survivors of the sexual violence 

has never been the priority, neither for the international community immediately after the end of the war, neither for the provisional institutions of Kosovo. They have been living in the tremen-
71 

dous stigma from the society. And actually, that did not only happen with the survivors of sexual violence in Kosovo, but it happens 

in every past war, in past conflicts of societies. There is always a 

tendency of pointing the fingers toward the survivors rather than 

pointing the fingers toward the perpetrators. 

And it took for us about 13 years after the end of the war to be 

able to change the course and to be able to pass the necessary step 

for the survivors of the sexual violence to have institutional care, 

as you referred and I have already filed in my statement. By the 

creation of the National Council, which in a month after the work 

of the National Council, the legal status has been recognized toward all of the survivors of the sexual violence as the civilian victims of the war. 

The Committee for the Ratification of the Status of the Civilian 

Victims of the War has started its work in February 2018. Until 

now, we have about over 1,000 applicants. And definitely, this has 

reflected indirectly, and in each and every survivor that I talk to 

them personally, before this process has started, about four or 5 

years ago, will you be able to step forward and ask for your justice? 

And actually, they have been hesitating. But now has been created 

a totally different momentum that each and every one of them is 

willing to come forward. 

And as I said in the very first statement, no matter what kind 

of circumstances they live, no matter that they live in a very dire 

economic situation, the only word that is being spelled out continuously by each and every survivor—and we have heard today also 

by Vasfije—is that we want justice. We want the justice and we 

want to see whoever has done this horrendous crime to be faced 

with the justice. 

And by putting the focus on perpetrators, we also have seen that 

the stigma around the survivors has kind of like shifted in another 

direction that has been created, a different momentum. And this is 

happening today. It is going to be another momentum for the survivors of the sexual violence, for the justice that they have been 

lacking for about 20 years. 

And not to forget that we already lost so many of them. Some 

of them have left us. They died due to the consequences of what 

they have been going through. 

And so, many times when I have been arguing with many of the 

lawyers, with many of the prosecutors in the country, when it was 

a matter of the evidence, you do not need more evidence than the 

survivors of the sexual violence. In most of those cases, they were 

not done or they were not conducted alone. They were conducted 

in the presence of the family. They were conducted in the presence 

of the entire village. They have been conducted in the presence of 

the in-laws and a much wider group into that. 

So, evidences are there. Everything is ready. What we need is 

the proper platform and mechanism, such as a Special Court to be 

able to proceed and move forward to bring, for the first time after 

20 years, the long-lasting peace in the hearts and minds in each 

and every survivor. 

Ms. SPANBERGER. Thank you, Madam President. And thank you 

so much for your advocacy on behalf of the people of Kosovo. 

And I am out of time, Mr. Chair. So, I yield back. Thank you. 
72 

Chairman ENGEL. OK. Thank you very much. 

I am going to call on Mr. Zeldin in a moment. But, before I do 

that, I want to say to Mr. Bytyqi, I have had President Vucic of 

Serbia in my office twice right here in this building, and twice 

when I questioned him about your brothers, he promised me that 

he would have a solution for me where people who committed this 

heinous crime would be brought to justice. And both times he 

showed that his word means absolutely nothing because there was 

never a followup. And even when I tried to followup with him 

many, many months later, he gave me reassurances again, and, of 

course, nothing. So, it is pretty clear that the highest levels of the 

Serbian government are not willing to do anything. And I just saw 

him again for a third time in Germany a couple of months ago and 

raised it with him again, and we got the same old, the same old 

ridiculous dodging. It is really just disgraceful. 

And I know that Congressman Zeldin is your Representative. He 

and I wrote to Secretary Pompeo about your case and other postconflict justice issues, and we are going to continue to be relentless 

when it comes to bringing back truth and getting some justice for 

you and your family and your brothers. 

Mr. Zeldin? 

Mr. ZELDIN. Thank you, Mr. Chairman, for holding this hearing. 

And I can personally attest, from being with Chairman Engel in 

that meeting in Munich with President Vucic, and having many 

other conversations with the chairman and his team over the 

course of not just the last few months while he has been chair, but 

years, it is a very personal in a very positive way, laser-like focus 

on this issue. And I just want to thank the chairman and his team 

for making such a dedicated effort with a ton of follow-through. 

It is one thing to have a meeting with a constituent or someone 

in our country. They share a personal story, and maybe you forget 

about it in the weeks or the months that follow. But I think it is 

an important message. I know that President Vucic and his team 

pay attention to today’s hearing. They are watching. It is an important message that they receive that, on both sides of the aisle, this 

issue is not going away. And if it is the 20th anniversary of what 

happened to the Bytyqi brothers and we are still here having this 

conversation, and they might have thought 5 or 10 or 15 years ago 

that, fast-forward to 2019, that we would just stop talking about 

it. If you look around this entire room, there are not seats. They 

are plenty more people who would be filling these seats if we had 

them. And that should also send a powerful message to President 

Vucic and his team because they have goals for their country. 

And I believe, and I agree with what Mr. Bytyqi said, and what 

Ms. Goodman said, that justice absolutely must be part of any of 

those talks for a future relationship. For a Serbian relationship 

with the United States, it requires justice for the victims. 

This my third term serving in this committee, and I have heard 

a lot of personal stories on different topics for different nations 

around the world. I have to say that nothing was as emotional and 

gut-wrenching as listening to your story, Ms. Goodman, and your 

strength to be able to be here and to share that story with Congress and with the American people. It is a testament to your 
73 

strength of character, and there is a lot of respect for you just to 

be here and be able to share those reflections with us. 

And I think it really highlights for all of my colleagues, as they 

read through House Concurrent Resolution 32, as they talk to their 

teams about what that text means, what the message means; that, 

hopefully, if they were not in this room to hear it, to replay the witness testimony from Mr. Bytyqi and Ms. Goodman especially, and 

sign on. We need every member of the House Foreign Affairs Committee to sign onto House Concurrent Resolution 32. We need every 

Member of Congress to be supportive of House Concurrent Resolution 32, and to send a powerful message beyond today to President 

Vucic and his team that all of their goals for what they want with 

their neighbors, what they want with a wider region, with the 

United States, it all requires, well, the demand and the insistence 

of the United States must include justice. 

In December 2018, the Department of State designated Goran 

Radosavljevic—it was under Section 7031(c)—due to his involvement in these war crimes. I am grateful that this designation was 

made by the State Department. Goran’s name has been referenced 

in other meetings that have taken place with colleagues, and he is 

known to be a suspect in the murder of the Bytyqi brothers. 

And when Chairman Engel and I sat with President Vucic in 

Munich, it was explained that there has not been enough evidence 

in order to bring a prosecution. But the family wants their day in 

court. Based off the evidence that exists, the United States feels 

comfortable to make this designation back in December 2018. We 

have heard it acknowledged through people who have met with 

President Vucic in other settings, including Mr. Bytyqi was in the 

room when he heard it out of President Vucic’s mouth, and others 

acknowledging that Goran is a suspect. 

So, what does that mean? Whatever evidence you have now, 20 

years later, it is time for a trial. It is time for a day in court. This 

issue is not going to go away. And for the sake of U.S.-Serbian relations, and for Serbian relations with their counterparts in their region, for everything that they seek, that justice is what this committee, hopefully, will continue to demand. 

And once again, thank you to Chairman Engel because I know 

that, as President Vucic watches today, he knows that on both 

sides of the aisle that we will not let this issue go. And that is the 

key. Justice is the key, and that is what the United States must 

continue to demand. 

And I yield back. 

Chairman ENGEL. Thank you, Mr. Zeldin. 

Mr. Gonzalez? 

Mr. GONZALEZ. Thank you, Mr. Chairman. 

My question will be for Ms. Krasniqi-Goodman. Ms. Goodman, 

thank you for being here with us. Thank you for your courage and 

willingness to tell your story to the committee. I know that it cannot be easy, but I am sure what you are doing means a great deal 

for women not only in Kosovo, but around the world, especially the 

thousands we face sexual violence during war. And I want you to 

know that we all here deeply care what you are saying and what 

happened to you and many others, and we want to do all we can 

to help women in Kosovo to find justice. 
74 

With that being said, I have a special question for you and for 

Mr. Bytyqi. Do you feel that, as United States citizens, our government has lived up to your expectations in how we should have 

sought justice for you at this moment in time? And what would you 

expect, if not that? 

Ms. KRASNIQI-GOODMAN. Thank you. 

I have been a U.S. citizen for 13 years. When I was going 

through the trial with my case, all the trials available to me, the 

basic court, the appeals court, the supreme court. The United 

States did not do nothing for me, no, they did not, but neither did 

my country, Kosovo. So, they let me down. But I am hoping maybe 

now it is something that we can start working on to seek justice, 

if it is not for my case, at least for the other 20,000 men and 

women, because we do need justice. 

Mr. GONZALEZ. Well, as my colleague on the other side of aisle 

suggested, we will never forget what happened, and we will continue to look for justice for you and others who have suffered these 

atrocities. 

And, Mr. Bytyqi, I would like to hear from you as well. 

Mr. BYTYQI. Thank you, Mr. Gonzalez. 

Yes, the U.S. could do more. They could put an amount of pressure and take swift and precautional measures that Serbia delivers 

justice to my brothers, not only for my brothers, but the rest of the 

victims of the Kosovo Albanian war crimes committed. 

As you know, before I stated that, when Congress speaks, Serbia 

listens. The only way is political pressure on Serbia. That is the 

only way Serbia will cooperate, no other way. They will promise 

you heaven, but they will not deliver. As you have heard Chairman 

Engel, he was promised a few times. My family was promised. 

Members of this committee were promised. Nothing, nothing. 

Instead of prosecuting the criminals, he holds them dearly to 

himself, close to his lobby. Practically, they work still in the government of Serbia. Criminals that killed my brothers are still in 

power in Serbian government. 

Thank you very much. 

Mr. GONZALEZ. Thank you. Thank you. And I see you visibly 

shaken. 

And, Ms. Goodman, thank you for your courage to come and express so vividly what happened to us, because this is the way we 

learn and how we can continue this fight until the end, until we 

can finally bring those to justice. 

My next question is to Ms. Goodman again. You brought your 

case to the UNMIK and the and the EULEX, where no action, 

nothing was founded, and your case was taken up in the Kosovo 

court system with two Serb policemen indicted. And ultimately, the 

supreme court dismissed their case. Do you have plans for further 

legal action against your perpetrators any other way? 

Ms. KRASNIQI-GOODMAN. Thank you. 

Yes, we do have plans maybe to go through the chain of command. That is my only option at this point. 

Mr. GONZALEZ. But have you not reached the last place, being 

the supreme court of the country? Or are you saying the international community? 
75 

Ms. KRASNIQI-GOODMAN. The supreme court of my country, it is 

a closed case. Now they are going to go through the chain of command. They are going to reopen my case and go through the chain 

of command. 

Mr. GONZALEZ. Well, I am very sorry the international community has failed you, and we, the United States, will continue pushing this to the end and we will not forget. 

Ms. KRASNIQI-GOODMAN. Thank you. 

Mr. GONZALEZ. And I yield back. 

Ms. KRASNIQI-GOODMAN. We need your help. Thank you. 

Chairman ENGEL. Thank you. 

Mr. Smith? 

Mr. SMITH. Thank you very much, Mr. Chairman, for convening 

this important hearing, and to our distinguished witnesses for 

bearing witness to an extremely ugly truth that still needs to be 

rectified in terms of accountability. 

And I do want to thank all of you. Dr. Williams, your testimony 

about the accountability gap—you know, during the conflict, I remember traveling to Stankovic and met with hundreds of refugees 

who were the lucky ones who made their way over the border to 

relative safety, but, obviously, so many others never were able to 

make that trek and suffered horribly under Slobodan Milosevic. 

And I think it is very timely, 20 years later, to be calling for all 

of the unmet needs when it comes to justice, which has not been 

served well. As you point out, the number of sexual assaults, about 

20,000 individuals were the victims of conflict-related sexual violence, and that is almost a carbon copy of what happened in other 

parts of that region, particularly in Bosnia. I remember chairing a 

hearing with Bianca Jagger who had borne witness to exactly what 

was happening to Bosnian women, and the same happened to Croatian women. And still, there has yet to be a full prosecution of 

those who have committed these crimes. And this is a fresh reminder that we need to redouble efforts. 

If you could speak to the evidence that was gathered by UNMIK, 

which obviously disappointed in the extreme? Why were they so 

feckless in their work? And is that evidence still available? 

I mean, one of the things we learned in Srpska as well, Republican Srpska, was that one of the reasons why reconciliation could 

not happen is because people were living right next door to people 

who had committed atrocities, including in Srebrenica, and elsewhere. 

So, it is the same thing, obviously, in Kosovo. I wonder if you 

could speak to that evidence, whether or not it is still usable. I remember when the original court for the former Yugoslavia was constituted, all of us were concerned, and I actually offered an amendment on it to ensure that we captured that information, because 

you cannot do a prosecution effectively if you do not have actionable data and information. So, if you could speak to that, whether 

or not that information still could be used, eye witness accounts, 

for example? 

And again, I came a little late. So, I do not want to be redundant 

on other questions, but I will look at the record and go over your 

testimoneys very carefully. 
76 

But thank you so much, and thank you, Mr. Chairman, for this 

hearing. 

Chairman ENGEL. Thank you. 

Ms. Omar? 

Mr. SMITH. I think Professor Williams wanted to answer. 

Chairman ENGEL. Oh, I am sorry. 

Dr. WILLIAMS. If there is time permitting—— 

Chairman ENGEL. There is time. 

Mr. WILLIAMS [continuing]. I would like to provide a brief answer. 

Chairman ENGEL. I jumped the gun. 

Dr. WILLIAMS. Thank you, Congressman Smith. 

On paper, you would hear that the files gathered by UNMIK 

were transferred to EULEX, and then, those would be made available to the Specialist Chambers. But you can sort of imagine your 

crazy uncle’s garage and a filing system. And that is my fear, is 

that when these testimoneys were taken, when the witnesses’ testimony was made available, the investigators for UNMIK/EULEX 

were not trained and did not prioritize conflict-related sexual violence. 

There is an incidence where NATO troops took over 50 

testimoneys and provided them to UNMIK, and UNMIK essentially 

said, well, what do you want us to do with these? And the NATO 

forces are saying the victims are coming to us and telling us their 

stories; you need to get out there in the field and set up proper investigations. 

So, I think what you would find is that there are plenty of leads 

and there are plenty of witnesses willing to tell their story and to 

identify the perpetrators. And that is what is unique about Kosovo, 

is the deep, deep commitment of the victims to seeing justice be 

done, so that there can be reconciliation and they can live alongside 

their neighbors. 

It is going to need the resources that the Specialist Chambers 

has, and it is going to need the infrastructure that the Specialist 

Chambers has. And there are two things that are important about 

the Specialist Chambers. One is a comprehensive witness protection program, which, again, when you are talking about conflict-related sexual violence, that is very important. 

And then, second, they actually have a provision for victims’ 

counsel. So, when you go to the court, there are the judges; there 

is the prosecution; there is the defense, and the victims actually 

have the third podium, so that they can be represented. And they 

can bring the evidence. They can ask questions. They can cross-examine. They can make submissions. 

So, it provides that role of the victims to basically rebuild the integrity of what is a failed justice process. Again, you can only do 

that if you clarify, reframe, and possibly amend the statute of the 

Specialist Chambers. But that is the only way you are going to get 

a durable peace in the Balkans. 

Thank you. 

Mr. SMITH. Thank you, Mr. Chairman. 

Chairman ENGEL. Thank you, Mr. Smith. 

Ms. Omar? 

Ms. OMAR. Thank you. 
77 

I want to start by saying to Ms. Krasniqi-Goodman how much I 

admire your courage for coming here today and sharing your story. 

We could all visibly see how shaken you are and how much you are 

still being traumatized by what happened to you 20 years ago. 

And to Madam President, so much of your testimony deeply resonates with me. Like both of you, I am a survivor of war. 

I particularly wanted to talk to you guys about the use of sexual 

violence and rape as a weapon of war, which you both spoke about 

in such clear and heartbreaking terms. As I am sure you know, the 

U.N. recently put a resolution on the use of rape as a weapon of 

war. It was severely watered-down at the insistence of the United 

States. This is outraged me, as it should outrage every American. 

In the first place, I want to assure you that the administration’s 

position does not reflect that of the American people and does not 

reflect that of Congress, and it certainly does not reflect my position. As we continue to partner on justice mechanisms in Kosovo, 

you have allies in Congress on making such complete accountability. It is made not only for the survivors of war in Kosovo, but 

those around the world. And this concludes the complete range of 

necessary reparations, including access to sexual and reproductive 

health care for victims. 

Madam President, I am hoping that you could tell us about your 

experience in leading the effort in Kosovo, what is necessary to 

fully address the victims of sexual violence in war, and how the 

United States can tangibly help address this. 

Ms. JAHJAGA. Madam Omar, thank you very much. 

And as I already mentioned also in my long statement filed for 

your information, we, as a country, as the institution, telling you 

this truth, we did not know how to handle with the issue of the 

survivors of the sexual violence for the continuous 13 years after 

the end of the war, due to the stigma and due to the taboo topic 

that was existing among our society. 

But the turning point for the status of the survivor has been in 

2014 with the National Council of the Survivors of the Sexual Violence. We started the process of the rehabilitation, reintegration, 

resocialization, and access on the justice. Just 1 month after the 

work of the National Council, the law for the war values has been 

amended, which has recognized the status of the survivors of the 

sexual violence as the civilian victims of the war, which automatically has guaranteed and granted the rise for the life-term pension, 

which is directly linked with their reintegration, rehabilitation 

processes that have been put already within the system, the legislative system of Kosovo. 

It is the budget has been also approved by the government of 

Kosovo last year, and we are in the process of the proceeding of the 

application through the verification committee approved by the 

government of Kosovo, which is a very slow process going, but we 

are very much satisfied because this will be another step forward 

on their continuous demand and the requirement for the access on 

the justice, which is also the precondition. Because with the application and the coming forward to speak about the atrocities that 

they have gone through, they would be able for the first time to 

share their stories, starting from the committee, but also which 

will indirectly empower the survivors to come forward and to seek 
78 

so much needed justice that has been lacking for the 20 years after 

the end of the war. 

Madam Omar, we will never be able to offer our survivors with 

a full recognition, with a full reparation, or justice. But I am telling 

you the truth. That has been overdue for these past 20 years after 

the end of the war. And if we do not act now, which is the main 

reason why we are here today, to establish the necessary mechanism of the Special Court which will be exclusively investigation, 

investigating the war crimes, crimes against humanity, and include 

in there rape that has been used as a tool of war, this will be forever a burden and burning in our conscience, and we should not 

allow this. It has been enough happening for these past 20 years. 

Ms. OMAR. Yes. Thank you so much for your presence and your 

testimony and the work that you are doing. It really speaks to the 

role women play in reconciliation and sort of helping communities 

we build, as we are storytellers, we are the revivals of our communities. And to you and to everyone who had suffered the horrific 

war in Kosovo, my heart is with you. 

Thank you. I yield back. 

Chairman ENGEL. Thank you, Ms. Omar. 

Mr. Burchett? 

Mr. BURCHETT. Thank you, Mr. Chairman, Ranking Member. I 

appreciate you all being here. 

I come from this at a little different angle, I guess. My father 

fought in the Second World War in the Pacific, and he visited, went 

back to one of the islands that he was on the invasion on, but the 

other one he did not. And as a child, I remember him telling me 

some of the horrific stories of things they found out that, in fact, 

I guess the Japanese were doing to the Koreans and these ladies 

that they had actually kidnapped. And my father was invited back 

for the anniversary of that invasion, and he would not go. Looking 

back on that now, I think I understand why, because of some of 

the horrific things he saw that were done to those folks at the 

hands of the Japanese. 

Do I call you President? Is that correct? I am going to try your 

last name, Jahjaga. Not close? Close? Close? I got it? All right. 

Well, thank you, ma’am. 

I am from east Tennessee. The chairman always thinks I am 

from his hometown in New York, but I am not, by my accent. 

[Laughter.] 

But I am concerned about the Serbians have such low political 

will, that that is political correct—I just think it is gutless—to investigate these war crimes. And what more can we do as a country, 

and I can, as a Congressman from Tennessee, do to put pressure 

on the Serbian government to bring some justice about? 

And the followup of that would be, is there any hope that we 

could have some cooperation between the law enforcement and the 

judicial institutions in Kosovo and Serbia? And I just throw that 

out to the panel. And, Madam President, if you want to take a shot 

at it, that would be great. 

Ms. JAHJAGA. Mr. Burchett, thank you very much. And to tell 

you the truth, that was the closest ever I had on pronouncing on 

surname. 

Mr. BURCHETT. Well, thank you. 
79 

Ms. JAHJAGA. Well, you mention the word ‘‘low political will’’. If 

I may say, there is no political will at all. So far, we have not seen 

that to be shown or to be expressed by none of the leadership of 

Kosovo. On top of that, they have been using Kosovo and the 

crimes that they have done unjustly toward the innocent people of 

Kosovo for the political gains within their own country. And they 

are getting very easily off with that. And the world, the rest of the 

democratic world, it is not recognizing that, or it is allowing for 

Serbia to get off very easily with this matter. 

On purpose, I did mention that it is not our intention to create 

a monster out of one nation, like the people of Serbia. People of 

Kosovo have no problem with the people of Serbia. What we want 

is from the Serbian people, and from the Serbian leadership, to 

take the responsibility and to take for accountability, and to keep 

them accountable for the crimes that they have done unjustly toward the innocent people of Kosovo. It has been way too far, 20 

years. We are speaking about 20 years’ time. 

You mentioned an issue of the cooperation of the law enforcement and others. From somebody that has a law enforcement background myself, there is no cooperation whatsoever when we speak 

about the war crime cases. 

And do you want me to tell you that Serbia is continuing with 

their ongoing fight to stop Kosovo’s membership in all of the international and regional organizations, including the INTERPOL and 

Europol? Just last year, Kosovo has been voted against the membership in INTERPOL, which is one of the basic international institutions for the cooperation on the matters of the rule of law. So, 

while Kosovo has shown readiness all the time, we have been always facing with the denials from Serbia to have whatsoever cooperation. 

And for the cooperation in the rule of law, we are not only speaking in the war crime cases; we are speaking also the day-to-day 

cases, which are a handicap for Kosovo’s progress. Because of the 

lack of the cooperation for Serbia, we have that level of organized 

crime and the corruption taking place in the northern part of 

Kosovo, which Serbia is keeping hostage or is controlling their parallel and illegal structures which are operating in the northern 

part of the country. 

Mr. BURCHETT. I yield back the remainder of my time, Mr. 

Chairman. 

Thank you, ma’am. 

Chairman ENGEL. Thank you, Mr. Burchett. 

Mr. Phillips? 

Mr. PHILLIPS. Thank you, Mr. Chairman, and for your steadfast 

efforts relative to the Balkans generally and Kosovo particularly. 

And to each of our witnesses, and all of you that took the time 

to be here today. It makes a big impact on us. 

And I want to salute you, Ms. Goodman, and you, Mr. Bytyqi. 

Your stories deeply affect me, and perhaps most importantly, inspire me. And they say that sunshine it the best disinfectant. And 

now that we have illuminated the truth, I believe it is time to start 

paving the path to justice. 

To that end, the tools available to us are somewhat limited, but 

foreign aid is surely one of them. Yet, if we reduce foreign aid to 
80 

Serbia, it likely pushes them closer to the Russian sphere. Yet, 

maintaining the status quo does nothing to inspire a change in attitude. 

So, my question begins with you, Dr. Williams. How do we address this conundrum? What leverage do you think might be available to us to affect or assert the pressure that is needed, particularly as it relates to how we use our foreign aid? 

Dr. WILLIAMS. Thank you, Congressman Phillips. 

We have an amazing ally in the Balkans, the State of Kosovo, 

the country of Kosovo. And so, oftentimes, when we think about influencing a State’s behavior, we will think about what type of sanctions we might put on Serbia, what type of limit on aid, what type 

of truth, sunlight we can bring to bear. 

But I think it is also important to remember that we need to 

have Kosovo’s back. They are trying to become a member of 

INTERPOL. They are trying to become a member of the United 

Nations. They adopted this Specialist Chambers with this distorted 

mandate. They are contemplating reframing it and reshaping it. 

The United States needs to double down on its support for those 

things that the government of Kosovo, the country of Kosovo, is 

doing to try to pave the path toward justice. So, there are a number of mechanisms that the U.S. Government has in its toolkit to 

pressure countries. But here you have a case where there is a country you can work very closely and very effectively with, and we 

have a long history and, quite frankly, a special relationship with 

the country of Kosovo. And that would be where I would encourage 

the U.S. Government to put its energy to work to bring about a 

sense of justice for the victims and to put its resources in that direction. 

Mr. PHILLIPS. Thank you, Dr. Williams. 

Madam President, if you might opine on the same question? 

Ms. JAHJAGA. Mr. Williams was very right that the United States 

actually has no stronger ally than Kosovo and the Albanian people, 

the entire region of the southeastern part of Europe. And the 

United States can help to affect the truth and justice in your foreign policy with Serbia, and that has to be one of the priority requirements. It has to be part of the foreign policy of the United 

States toward the neighboring country, our neighboring country of 

Serbia. 

And use every mechanism possible that the United States and 

this committee can do to make pressure for the establishment of 

the Special Court or defining the new mandate and the mission of 

the already-existing Special Court to include also the crimes committed against Albanians. 

Mr. PHILLIPS. Thank you, Madam President. 

Before I yield back my time, I just remind everybody that we 

must be relentless. It is never a time to give up. And I think over 

time, if each of us with the same end game in mind worked together in a bipartisan fashion on this side, and all of you collectively, we will see the change that we desire. 

I yield back my time. 

Chairman ENGEL. Thank you, Mr. Phillips. 

Mr. Vargas? 
81 

Mr. VARGAS. Thank you very much, Mr. Chair. I kind of knew 

you before I got here because of the family that lived with us. We 

were very fortunate in that, when we were seeing what was happening with the atrocities in Kosovo, my wife and I decided to 

adopt a family from Kosovo. And so, we did. And so, the family 

lived with us for 2 years: Brahim, Sevdie, Lirije—although she 

writes it ‘‘Lareege’’; we used to teach her that it was ‘‘Lareege,’’ but 

it is Lirije, and Blerina. So, they lived with us for 2 years. 

They were from a place called Podujevo—at least that is how I 

pronounce it—not from Pristina because so many people that I met 

later on were from Pristina. And so, I heard of all the atrocities, 

all the terrible things. But I also heard of Mr. Engel because of all 

the work that you did and, in particular, Bill Clinton. When I had 

a picture of Bill Clinton, they were very excited to see that. 

But I have to say they live in San Diego now. They are doing extremely well. One of the daughters, she is the person who runs, the 

manager of a Wells Fargo branch. The other one is in college still. 

Both the husband and the wife are doing extremely well. He is like 

my seventh brother. I have six brothers. He is like the seventh, and 

she is like the fourth sister that I have. They are wonderful, wonderful human beings and people, and we love them deeply. 

But the atrocities that they saw, thank God that they avoided 

many of them, although their life was very difficult. They went to 

Macedonia. From Macedonia, they were airlifted to Fort Dix, New 

Jersey. And from Fort Dix, New Jersey, they came to our house in 

San Diego. And again, they lived with us for almost 2 years. 

But I am horrified that we have not done more on these war 

crimes. And one of the things that was interesting to me, I always 

used to ask Brahim, I said, ‘‘How did you live before? Were you always fighting?’’ He said, ‘‘No, it was amazing.’’ He said that, 

‘‘Neighbors that we knew were turning us in, saying that these are 

Muslims, these are Kosovars, people that we had known forever 

that were our friends, how they turned against us.’’ And some of 

the people had committed atrocities. And that we have not been 

able to bring these people to justice is I think a real travesty. 

So, Dr. Williams, I would like to ask you, I mean, I thought that 

the tribunal was going to work better, frankly, and it has not. And 

why is that? I mean, we know that the crimes are there. I have 

been listening to all the testimony. Crimes are there. The victims 

are there. The evidence is there. It seems like the will is not there. 

What do we need to do, Dr. Williams? Because I think we have to 

have a better resolution than we have today. 

Dr. WILLIAMS. Thank you, Congressman Vargas. 

The difficulty with the Specialist Chambers, the tribunal, is that 

it has a distorted origin. It came about because there was this 

misperception that there had not been justice for all. But, as we 

have seen in the testimony, the Yugoslav Tribunal, and then, the 

EU and the U.N. domestic tribunal, bent over backward to pursue 

moral equivalency, to create all sides equal. And then, somehow 

this court popped about to prosecute ethnic Albanians associated 

with the Kosovo Liberation Army, and there was not the thought 

or the need to perceive how it would become distorted as it was implemented. 
82 

That said, it is an internationalized tribunal. It is a Kosovo tribunal, but it is a hybrid and it is based in The Hague. And you 

can read the statute to actually provide accountability for all of the 

perpetrators and justice for all of the victims, but there has not 

been the political will to do that. 

When you look at the public statements of the European officials 

or those that comment on the court, they still echo the perception 

that it is an ethnically based tribunal just focused on the Kosovo 

Albanians. It is legally incorrect, but, as a lawyer, I can tell you 

that does not really matter. 

Mr. VARGAS. Right. 

Dr. WILLIAMS. It is the public perception of the diplomats. And 

that is why you need a counter-narrative. All perpetrators should 

be held accountable. All victims should have access to justice. 

And this tribunal, which is a state-of-the-art tribunal and has 

learned lessons from a dozen other international hybrid tribunals, 

is the place to go. 

Mr. VARGAS. Well, I hate to say it, but my time is almost up. But 

I have to tell you, I mean, there is no moral equivalency here. Most 

of the atrocities were committed by the Serbs against the Kosovars. 

I mean that is reality. 

And so many of the people who committed these horrible crimes, 

you have heard, have not been brought to justice. And I think we 

have to figure out a way to put more pressure on, not only to have 

the back of our friends, but also those that committed these crimes, 

sure, we need to apply more pressure to bring these people to justice. 

President, yes? 

Ms. JAHJAGA. Mr. Vargas, if I may, because Dr. Williams has 

mentioned that there has not been a political will. It is true; it has 

never been a political will. And to tell you the truth, there is never 

a political will from none of the parties, would be the political will, 

if there is no sufficient pressure coming from the bodies which are 

required. And that is what we are requiring from you, the necessary pressure and the mechanisms to be used toward Serbia to 

hold them accountable and to moving in that direction, to keep 

them—to build in this political will, as they are supposed to have 

from day one. 

Mr. VARGAS. Thank you, and I agree with you completely. Thank 

you. 

Thank you, Mr. Chairman. Thank you. 

Chairman ENGEL. Thank you, Mr. Vargas. 

I want to just take a prerogative to comment on something that 

Dr. Williams had mentioned. And that is that you would think 

that, 20 years later, we would have been more down the line; we 

would have accomplished more; we would have done more. 

And President Jahjaga said it as well. It is really disappointing 

that the political will of the rest of the world has not really been 

there. It is just unbelievable. 

And, if you go to Kosovo, there is no more pro-American country 

than Kosovo. You get stopped in the street by strangers. They 

know we are Americans. They want to be part of us. They want us 

to be part of them. And I just think the people of Kosovo deserve 

so much more. 
83 

Mr. Sherman? 

Mr. SHERMAN. Mr. Chairman, we have served on this committee 

together for 23 years. And during those 23 years, I have seen your 

dedication to the innocent victims in Kosovo. And I have seen other 

Members of Congress get involved in a particular issue or focus on 

a particular part of the world, but I have never seen any of our colleagues put their head and their heart into a human rights issue 

as you have for the people of Kosovo. 

I had the opportunity to visit the refugees 20 years ago, and it 

is appropriate to have this hearing now, not because something 

happened 20 years, but because of what is continuing to happen, 

and more importantly, not happen. 

I want to say a few words of praise for the United States. As we 

have learned today, America can do more, should do more, must do 

more. But, looking around the world, America is depicted as a nation that will always take a position against people or nations that 

are predominantly Muslim or of Muslim heritage. But, in fact, no 

nation did more to protect the people of Kosovo, of all religions, a 

nation of predominantly Muslim heritage. No nation did more to 

protect the Bosniaks and the people of Bosnia. And chairing the 

Asia Subcommittee, no nation is currently doing more for the 

Rohingya and for the Uighur. Now we need to do more, but the 

world, especially the Muslim world or the countries that are predominantly of Muslim heritage, need to understand America’s role 

and that others have not done as much. Of course, we bombed Serbia twice, once for to protect the people of Kosovo and once to protect the people of Bosnia. 

I will ask all the witnesses, but starting with Dr. Williams, what 

specific steps should the United States take to help the country of 

Kosovo? And particularly focus on how do we get Kosovo into 

INTERPOL. That just makes us all less safe. If you are in favor 

of crime, then you want to keep countries out of INTERPOL. What 

argument is there to exclude them, and what pressure can the 

United States put on that one issue and other issues? And then, 

we will turn to Madam President. 

Dr. WILLIAMS. Thank you, Congressman Sherman. 

The United States has tremendous leverage when addressing 

questions of the former Yugoslavia and, in particular, Kosovo. As 

you noted, the Americans, through NATO, led the humanitarian 

intervention to stop the violence and atrocities in Kosovo. It was 

the American airplanes which were doing the no-fly zone over Bosnia and engaged in the airstrikes to protect the people of Bosnia, 

as well as the U.N. peacekeepers. 

Even 20 years later, the United States has tremendous moral authority when it comes to addressing issues in the Balkans. And it 

is appropriate for the United States to draw down on that moral 

authority when insisting that Kosovo become a member of 

INTERPOL, when seeking to promote its membership in the 

United Nations. 

Kosovo is recognized by over 100 countries, but is not a member 

of the U.N. And so, this has some consequences for its ability—— 

Mr. SHERMAN. But is there a particular strategy, Madam President, that we should use with regard to INTERPOL, the U.S., or 

other international organizations? 
84 

Ms. JAHJAGA. Congressman Sherman, thank you very much. 

And first of all, I want to express our deepest thanks and gratitude on behalf of all people of Kosovo for the great support and the 

help that we have been getting from the people of the United 

States of America and from institutions of the United States of 

America. We would not be able to come this far the way we have 

come if we did not have you alongside with us, which we appreciate 

that a lot. 

Kosovo, all of the progress that we have done so far, we have 

done in the coordination and in the close collaboration with all of 

our allies, starting from the United States of America. Not only 

Kosovo, but the entire region, is the investment and the cooperation between the countries and between the Western countries. 

But, somehow, we are in the halfway, that we need, if I may use 

the term, the final push in order to be in the other half, that we 

do not endanger any of the processes or any of the progress of sliding back that we have jointly invested so much in this past two or 

three decades. 

You have referred to the composition of Kosovo. Actually, Kosovo 

is a very multi-ethnic and a multi-religious community where all 

of the community groups have been living together for the past several of the decades. To tell you the truth, that has been one of the 

biggest strengths, that we have been able always to buildupon that; 

that none of that has been the reason why the war has started in 

Kosovo, but the reason has been for the power struggle and for the 

egos of certain political gains which within the night that turns 

their neighbors into the enemies in there. 

And so, Kosovo, in all of its initiatives, no matter being a member State of the regional organization or the international organizations, started from the United Nations. So far as Dr. Williams has 

mentioned, we have been recognized by over 110 countries around 

the world. We are closely operated—— 

Mr. SHERMAN. Is there any particular thing we could do—— 

Ms. JAHJAGA. Yes. 

Mr. SHERMAN [continuing]. At INTERPOL to press them in the 

right direction? 

Ms. JAHJAGA. We are closely cooperating and there is a strategy 

in place by the government of Kosovo, which we have shared with 

all of the authorities here and with other allies, what has to be 

supported. 

But the priority thing is to kind of like make that necessary pressure toward Serbia, toward all of their supporters, like Russia and 

China and other countries, to not use the veto against the Kosovo 

in every single thing, because they are not only harming Kosovo, 

but they harming, also, other processes which are related to the 

safety and the security of our citizens in the entire region of the 

southeastern part of Europe. 

Chairman ENGEL. Thank you, Mr. Sherman. 

Let me, in conclusion, say that this was a very excellent hearing. 

I think that a lot of points were raised, and I think the whole situation is there. It is going to, obviously, be broadcast all across the 

country on C-SPAN. 
85 

And anything that we can continue to do to draw light on the 

fact that this was 20 years ago, and the people have still not seen 

justice. 

I wanted to just add one thing, and that was not only has Serbia 

kept Kosovo out of INTERPOL, but also out of other agencies as 

well. And it seems to me that, if we are talking about ascension 

to the European Union by both Kosovo and Serbia, that it shows 

an incredible amount of bad faith on the Serbian part for them to 

continue to block, or attempt to block, Kosovo from becoming part 

of these important organizations. It shows very bad faith, and I 

think we have to talk about that more and more. 

So, let me conclude by saying this has been a very important and 

enlightened hearing. I think that the issues have all come out. 

I want to thank our panelists. All four of you were really excellent and really brought home another aspect of why it is so important for us to act now. 

And I want to tell you that I have gone around the world, but 

Americans will not be greeted better in any place in the world than 

in Kosovo. Truly, the country has a love affair with Americans, and 

I have had a love affair with Kosovo. 

So, I want to thank all the people who made their way here from 

New York and other places. 

I want to thank our witnesses, President Jahjaga, Dr. Williams, 

Mr. Bytyqi, and Ms. Krasniqi-Goodman. Thank you so much. And 

we will continue to seek justice for all the people who deserve it. 

Thank you. 

The hearing is now closed. 

[Whereupon, at 12:20 p.m., the committee was adjourned.] 
86 

APPENDIX 

FULL COMMITTEE HEARING NOTICE 

COMMITTEE ON FOREIGN AFFAIRS 

U.S. HOUSE OF REPRESENTATIVES 

WASHINGTON, DC 20515-6128 

Eliot L. Engel (D-NY), Chairman 

April30, 2019 

TO: MEMBERS OF THE COMMITTEE ON FOREIGN AFFAIRS 

You are respectfully requested to attend an OPEN hearing of the Committee on Foreign 

Affairs to be held in Room 2172 of the Rayburn House Office Building (and available live on the 

Committee website at https://foreignaffairs.house.govO: 

DATE: 

TIME: 

SUBJECT: 

WITNESS: 

Tuesday, April30, 2019 

!O:OOa.m. 

Kosovo's Wartime Victims: The Quest for Justice 

Her Excellency Atifete Jahjaga 

(Former President of the Republic of Kosovo) 

Paul Williams, Ph.D. 

Washington College of Law 

The American University 

Mr. Tlir Bytyqi 

Ms. Vasfije Krasniqi Goodman 

By Direction of the Chairman 

l7w Committee on Foreign Affairs seeks to make its facilities accessible to persons with disabilities. IJ)'ou are in need of special accommodations. 

please call 2021225-502/ at least four business days in advance of the e~·ent, whenever practicable. Questions ·with regard to special 

accommodations in general (including availability of Committee materials in alternative fOrmats and assistive listening devices) may be dwected 

1o the Committee. 
87 

COMMITTEE ON FOREIGN AFFAIRS MINUTES OF FULL COMMIITEE HEARING 

Day _ __,_Tu:::es::::d.:::!'J'""-___)Datec__ _ _::.c0413=a"-'VJ'-'9'---.....iRoom~..;2::.:1:.:.7..::.2=:Rl/I=O:.::IJ1:.__ 

Starting Time 10:00 11.m. Ending Time 12:20 p.m. 

Recesses b£d (__to__) (__to__) (__to__) (__to __ ) (__to__) (__to__) 

Presiding Member(•) 

ChalriiUUf E/Wt L E11gel 

Check 1111 of the following that apply: 

Open Session 0 

Executive ~sed) Session 0 

Televised[!] 

TITLE OF HEARING: 

Kosovo's Wartime Victims: TheQuestforJustice 

COMMITTEE MEMBERS PRESENT: 

See athlched. 

NON-COMMITTEE MEMBERS PRESENT: 

NIA 

ElectronlcaHy Reeord!!l(taped) 0 

Stenographic Record l!d 

HEARING WITNESSES: Same as meeting notice attached? Yes I!J NoD 

(If ''no", please list below and Include title, agency, department, or organization.) 

STATEMENTS FOR THE RECORD: (List any statements submitted for the record.) 

SFR-Engel 

TIME SCHEDULED TO RECONVENE----

~ADJOURNED 12:20 p.m. 
88 

PRESENT 

X 

X 

X 

-x·· 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

HOUSE COMMITTEE ON FOREIGN AFFAIRS 

FULL COMMITTEE HEARING 

MEMBER .J'.~ESENT MEMBER 

Eliot L. Engel, NY X Michael T. McCaul, TX 

Brad Shennan, CA X Christopher H. Smith, NJ 

Gregory W. Meeks, NY X Steve Chabot, OH 

Albio Sires, NJ Joe Wilson, SC 

Gerald E. Connolly, VA ··--- X Scott Peny, PA 

Theodore E. Deutch, FL Ted Yoho, FL 

Karen Bass, CA Adam Kinzinger, IL 

William Keating, MA X Lee Zeldin, NY 

David Cicilline, Rl James Sensenbrenner, Jr., Wl 

AmiBera,CA Ann Wagner, MO 

Joaquin Castro, TX Brian J. Mast, FL 

D!Ea Titus, NV Francis Rooney, FL 

Adriano Espaillat, NY X Brian K. Fitzpatrick, PA 

Ted Lieu, CA John Curtis, UT 

Susan Wild, PA X Ken Buck, CO 

Dean Phillips, MN X Ron Wright, TX 

llhan Omar, MN X Guy Reschenthaler, PA 

Colin Allred, TX X Tim Burchett, TN 

Andy Levin, Ml X Greg Pence, IN 

Abigail Span berger, VA X Steve Watkins, KS 

Chrissy Houlahan, PA Michael Guest, MS - Tom 

David Trone. MD 

Jim Costa, CA 

Juan Vargas, CA 

Vicente Gonzalez, TX --

--

----
89 

ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD BY 

CHAIRMAN ENGEL 
90 

He did not cut too deep, but just enough to scare me and make me bleed. Then the violation 

continued. I remember two ofticers who raped me until I lost my conscience. When I woke up, I 

was scared and humiliated. My mouth was parched. I thought they had killed me! 

When I came back to my senses they told me "You shall remember who we were!" They used rape 

as a weapon of war. I don't know how many of them raped me besides those two. l do not know 

how long it lasted. I recovered slowly and went back home. My wife saw that I was beaten up, cut 

and torn all over. l took a shower that night. I wrapped my bleeding hands, my cut lip, and my black 

eye. The police action in our neighborhood had ended. 

The next day, we went outside our house and we could not believe our own eyes. The entire place 

had been burned down to ashes. We walked on fire sparks. \Ve saw a store that used to be nearby. 

The glass on its door had turned into liquid from the heat. I went in and grabbed two bottles of 

water. The Serbian police were patrolling the streets. They lined us up and we walked. Endless 

columns of terrified people. We had no idea where we were going. We continued like that until we 

reached the border. Then they somehow let us go. We were in Albania. It was my first time in 

Albania. 

I implore the United States Congress to demand justice for the victims of war crimes and atrocities 

that were committed in KosoYo. 
91 

Written Testimony of Mr. Liri Loshi 

submitted before the U.S. House of Representatives Committee on Foreign Affairs 

on "Kosovo's Wartime Victims: The Quest for Justice" 

April 30th, 2019 

1 was hom in the village Pemishte of the Skendcraj municipality on August 20th, 1960. I worked as a 

general medical practitioner in Skenderaj and Runik from 1989 until1999, when I decided to move 

to Canada with my family. During the war in Kosovo, I was working at a medical clinic in Runik 

where I would regularly tend to patients of all cthnicities, including Albanian and Serbian. As the 

conflict between the Serbian forces and the KLA intensified, the Serbian military and paramilitary 

forces were shelling the entire Runik area. People had no choice but to leave their homes and moYe 

to remote villages in the surrounding area to seek refuge from the Serbian attacks. One of these 

villages was Izbica. 

l'vfy village, Pemishte, like many others, was burned down. I found myself without a home, without 

shelter for myself or my family. In .June 1998, I went to a neighboring village called Lecnice. From 

there I went to Izbica and Turicefc, to live and work as a medical doctor. 

In March 1999, the village Klladernice was shelled by Serbian forces that were stationed in Runik, 

which is only a few kilometers away from Klladernice. One of the shells hit a house and killed three 

people that were inside. The population of the village then gathered in the building of the 

elementary school to get cover from the shells. 

On March 25th people started to concentrate in the Izbica Valley. By March 26th, thousands of 

people had gathered there. On the morning of March 27th, a friend of mine, Xhavit Dragaj, a 

dentist who I used to work with at a health station in Runik, asked me to help him and his family get 

out of Izbica. We could hear the Serbians shelling, and we knew that this was a clear indication that 

the Serbian forces we approaching Izbica. I drove Xhavit and his family in my car for about three or 

four kilometers to the village Tushile. This Yillage had also become a gathering point for civilians. 

When we arrived in Tushile, we found out that the village was overpopulated and the houses could 

not accommodate any more people. I stayed in Tushile until March 29th. People gathered in an open 

field and surrounded the area with white sheets to signal to the Serbian forces that they were 

unarmed civilians. There were thousands of people there, in the Tushile area, all of whom were 

civilians. 

On March 29th, late in the evening, I left Tushile because 1 knew that the Serbian forces were 

approaching. I went to the village Kopiliq i Eperm, which is mid-vmy between Tushile and Izbica. 

\V'hile I was in Tushile, I talked with several women who were forced to leave Izbica with their 

children after they had been separated from their husbands. They told me that the Serbian forces 

had taken their husbands away in three groups. Shortly after they had been separated from the men, 

the women heard gunshots. Tlus Jed them to assume that their husbands had been killed. However, 

they had not witnessed the killing with their own eyes, and therefore could not confirm it. Hence, I 

believed that it was necessary for me to go to lzbica myself in order to seek the truth. 

The next day, on March 30th, I went from Kopiliq to lzbica. When I got there, I saw the bodies. It 

was clear that a massacre had occurred. Then, some people who had been living in the area and were 
92 

able to escape deep in the mountains guided me to the place where the massacred bodies had been 

scattered on the ground. There were three groups of bodies, a few hundred meters apart from one 

another. Each group had between 30 and 50 people. So even at first glance, you could tell that over 

100 people had been killed there. 27 were counted in total. 

Judging from their clothing and the shoes that they were still wearing, one could tell that these 

individuals had prepared for long travel and were likely refugees who had been fleeing from one 

place to another to save their lives. I saw bloodstains near the bodies and unmistakable signs of 

execution by gunshot. From the appearance of the wounds on their faces and bodies, I couJd tell 

that they had been shot from very close range. Only dose-range fire could have caused such horrific 

damage to them. There was no doubt that all of these men had been brutally massacred. 

After seeing the gruesome sight of these massacred bodies, I immediately looked for a camera to 

record them and to show the world what had happened in Jzbica on March 28th, 1999. I found a 

man called Sefedin Thaci, who had hidden his camera underground, and asked him to come with me 

to film the bodes together. He agreed, and we started to film. On that same day, KI.A members and 

civilians who were in the area got together to dig graves and bury the bodies, most of whom were 

their family members or relatives. 

\\le were little over one kilometer away from the Serbian forces who, after committing this massacre, 

were now in the village Vojnik. As we were filming the bodies, three elderly people approached me 

and told me that they were among the wounded civilians who had survived the massacre. After we 

finished burying the bodies, Sefedin filmed me as I interviewed the three elders who described to us 

in their own words the horrific events that they had experienced. They told me how they were lined 

up and shot from close range by Serbian forces. However, the said that the blows whicl1 struck them 

did not cause critical damage to their bodies. In order to survive, they had to lay under the bodies of 

the victims that had been murdered and remain still until the Serbian forces left. Among these 

massacred bodies I identified three of my own cousins. They were three generations of men from 

the same famil)', Selman Los hi, his son Jashar Los hi, and his grandson Sami Los hi. 

It took me approximately one month and a few attempts to get out of Kosovo and smuggle my tape 

to Albania. There, I was able to send the video out to the \X'hite House, NATO headquarters, the 

Hague Tribunal, and international media. I testified about the massacre that I had witnessed in 

Izbica during the trial of Slobodan Milosevic in 2002, and the trials of two other groups of Serbian 

officials who were tried in 2006 and 2009 for war crimes committed in Kosovo. 

The massacre in lzbica has never been properly addressed. There are still so many Serbian criminals 

who haYe not been punished for the crimes that they committed against the civilian population in 

Kosovo in the 1990s. I urge the United States Congress to seek justice for the victims of war crimes 

and human rights abuses committed in Kosovo, by taking immediate action to address this matter. 
93 

Written testimony of Mr. Liridon Markaj 

submitted before the U.S. House of Representatives Committee on Foreign Affairs 

on "Kosovo's Wartime Victims: The Quest for Justice" 

April 30th, 2019 

I was born in Gjakova on April 30th, 1984. I grew up in the village Korenica, that is where I finished 

elementary school. My family were farmers. We were a large family of 30 members, and my 

grandmother was the matriarch. Much like other children, 1 spent my childhood playing. I loved 

sports. However, I also helped my family farm the land. \Ve planted peppers, cucumbers, tobacco, 

and watermelon. We lived off of our land, and we had a good life. \'{'e were a Catholic family. My 

mother was a homemaker, and my father was a teacher. After my father was fired from his job by 

the regime, he began to work in the parallel system. 

My father had been politically active since the 1980s. In 1992, the Serbian police arrested him 

because he was a member of the municipal council in Gjakova and he had spoken against the 

Serbian regime. He had been warned not to speak out. Nevertheless, he continued to do so. The 

Serbian criminal, Milutin Prascevic, once beat my father to a pulp and left him for dead. After that 

things deteriorated. W'hile we were never truly free, now we were also unsafe and abused. 

I went to high school in Gjakova. The walk to school was long and arduous. It was made harder by 

the regular beatings and berating by the Serbian police. In the winter of 1998, my father came to 

pick me up in the village Brekoc. I was together with my brother, my cousin, and two other friends. 

All six of us got stuffed into one car. The Serbian police stoped us on the road. We thought they 

would kill us on the spot, but we made it out alive by a stroke of luck. 

\Vhen the war began, our movements became very limited and difficult. On April 5th, 1998 we were 

forced out of our house. Milutin Prascevic was there. The Serbian forces lined us into columns 

along with people from the village Gusk and made us walk to the border with Albania. Then they 

decided to walk us all the way back. 

When the NATO airs trikes began we were in our house following the news. I will never forget the 

feeling of pure joy when we got word of the NATO intervention. We all went out on the balcony in 

exhilaration. We had no idea what would follow. After that, we were unable to walk out of our 

houses. \Ve couldn't even go to our uncle's place across the yard. About 80 people were staying with 

us at our house. 

On April 27th, 1999 my mom woke us up at the break of dawn and told us that we had been 

surrounded. When I looked out the \\~ndow, I saw rows of Serbian soldiers. It was a foggy morning, 

but when we looked onto the Erenik river, we could clearly see three rows of Serbian soldiers. \Ve 

could also hear screams echoing through the village. 

Once the fog cleared away, we were still in our house. Some villagers from the Kan1beri family came 

by and asked us for shovels because one of their family members had been killed. We stayed inside 

the house. The elders went out to speak to the soldiers but were told to remain inside the house. 

Later the soldiers came oYer and told us that we have 5 minutes to get out. We all walked toward the 

village graveyard. When we got there, we saw three trucks overloaded \ITith people. We ran into the 
94 

Kamberi family. They did not have a truck, so we took them onto ours. One of the trucks actually 

tipped over because it was overloaded, but fixed it and kept driving towards Mehje. 

When we got to Mehje, we were met by men in masks. They were Serbian military and paramilitary 

forces. Some of them could speak Albanian. They ordered all the men to step down from the trucks. 

I did not, because I thought of myself as a child. I was quite tall, but I was only fourteen years old. 

They dragged me out of the truck and onto the ground. They took all of our valuables and told us 

to walk down the street. Then they made us sing Serbian songs. First, they would sing the words to 

us. Then we bad to repeat it to them as they shot their automatic weapons over our heads. We 

thought that this would be our end. I was in the line with my hands over my head and the Serbian 

police kept telling us to yell "Kosovo je Serbije / Kosovo is Serbia." There, in that line, is the last 

time that l ever saw my uncles. 

After a while, we noticed that the first two trucks were leaving the area. On our way to ;\·1ehje, I had 

been on the third truck. It was not my family's truck. It was actually our neighbor's truck, and I had 

been on it with my grandmother. The soldiers took me out of the line and one of them hit me on 

the face with their gun. They dragged me to the third truck and made me drive it. My grandmother 

was still on the truck. After a few miles, I lost consciousness and my father came to drive the truck 

in my stead. We were stopped in every village along the way. The soldiers dragged us off of the 

trucks. They beat us and they terrorized us. Then they loaded us back on the trucks and drove to the 

next village. It went on like that, all the way to Albania. 

After the war tended, we returned home. Our house was completely wrecked and partially burned 

down. It had been used as a military base by the Serbian forces. We slowly put both the house and 

our lives back together from scratch. \Ve went back to work, continued school, and got married. 

Every day, we woke up anxious for news about my uncles. Every night we went to sleep with the 

hope that we would reunite with them. 

On May 15th, 2003 I was at work at the hospital when I heard the news. They had found a mass 

grave from the massacre in Mehje and my two uncles' names were on the list. Uncle Gjovalin (36) 

and uncle l\.fi!an (35). When their bodies were brought back, my family had to relieve the tragedy all 

over again. My grandmother carried us through it alL She insisted on seeing the bodies before they 

were buried. I remember that she was struck because the bodies seemed to have been burned. We 

buried my uncles on May 23rd, 2003. 

For weeks on end, people and journalists came from everywhere to visit us. Just after all the 

ceremonies were over, one night, my grandmother split all her savings and distributed the money to 

each member of the family. The next morning, before dawn, she went to visit the graves of her two 

sons. On the way back, halfway between our house and the graveyard, she covered herself in 

gasoline and hurned herself alive. 372 people died in Mehje with my uncles. Their bodies were 

found in Batajnice in 2003. 

I ask the esteemed United States Congress to seek justice for the victims of war crimes and human 

rights abuses committed in Kosovo. 
95 

Written Testimony of Ms. Ferdonije Qerkezi 

submitted before the U.S. House of Representatives Committee on Foreign Affairs 

on "Kosovo's \lVartime Victims: The Quest for Justice" 

April 30th, 2019 

On March 27th, 1999 twenty-three members of my family were present in my house. 

I was there together with my husband Halim Qerkezi and my four sons Artan, Armend, Ardian and 

Edmond. Arran's wife Arta was there, and so was her family. Her father Shpejtiim Ymeraga, her 

mother Vlora, her grandmother Sevdije, her two sisters Fiona and Marigona, and her aunt Venera. 

Armend's wife Miranda was there too. Kasim Qerkezi's son Vegim was also with us, and so was 

Skender Dylhasi with his wife Dudije, and their son Murteza with his wife Edi, and their two-yearold daughter Genta. Our cousin Manduha was also there \\~th two sons Fatos and Shpend. 

Out of the twenty-three of us, eleven were men, including my youngest son Edmond who was only 

14 years old, nine of us were women and three were young girls. 

On March 27th, 1999 at approximately 12 o'clock, four policemen came into our house. Two of 

them came in from the main entrance, and the other two used the basement door. Once they were 

inside the house, one of them asked my husband Halim "Who are all these guests?". Halim 

promptly began to gesture towards each person and explain his relationship to each of them. "This 

one is my brother's son. This is Shpejtim Ymeraga's family, they are my son's in-laws. The other two 

families, Dylhashi and Jetishi, are my cousins." he said. 

The Serbian policeman turned to Halim and said "Everything is good. There are no refugees. You 

can all go in now." That is exactly what we did. 

Three hours later, the same policeman, Dragan Raxhiq, returned with his friends. They asked us to 

go outside again and stand by the basement doors. Then they asked for our ID cards. We all gave 

them our ID cards, except for Edmond because he was too young to have one. They took us and 

our ID cards back to the police station where we had to wait outside in the rain. After a full hour 

had passed, they told us that everything was ok and that we could go hack to our house where they 

were going to protect us from NATO. 

\\1hile we were on our way inside, the policeman ordered Arran to take our car out of the garage. 

Our car was a green Opel Kadett. Artan did as he was told and drove the car out for them. 

Dragan Raxhiq was in the first basement with my husband Halim and Skender. He ordered a man to 

bring a table and two chairs in there for them. The rest of us were told to go to the second 

basement. \vhile we were still in the first basement, the policemen orcjered Halim to bring them 

some raki, a type of alcoholic drink. Halim told them that he doesn't have any alcohol in the house, 

only fruit juices. Dragan Raxhiq was rather surprised and asked Halim "How come you don't have 

any raki when you own a bar?" Halim responded, "I do have raki at the bar, but I do not keep any in 

my house." The policeman proceeded to drink the juice that he was offered. Then Dragan asked me 

for coffee. I obliged and made them two coffees with a medium amount of sugar. Dragan gave the 

coffees back and asked for one sweetened coffee and another unsweetened one. While I was on my 

way back upstairs to make fresh coffees, I sighed. Dragan heard me and said, "Don't be scared 
96 

mother." Dragan then asked Ardian for water and told him that he was a good waitress. Ardian 

brought him the water. 

As I was coming down the stairs with the new cups of coffee I overheard Dragan tell Halim "You 

Albanians, we need to cut your heads off." Halim replied, "We are at your mercy, and you can do 

whatever you \\'ant with us." Dragan stood up and checked the hack door of the basement, locked it, 

and placed the key in his pocket. We stayed like this for t\vo hours. Dragan and his friends gave our 

children chocolates and gave the women a 500 gram bag of coffee. 

Dragan Raxhiq knew Myrteza Dylhasi, Skender's son. He would constantly refer to Myrteza as 

"tzar" and wouldn't give him a break. I Ie would repeatedly tell Skender that a son like his is hard to 

find these days. \\'lhen Myrteza came to the second basement, Edi's wife asked: "\X'ho is this guy and 

how does he know you?" Myrteza answered, "He is Dragan Raxhiq from Montenegro. He worked at 

the cultural center. He comes to my store and often takes food 'vithout paying for it saying that he is 

going to pay me next time he comes by." 

The first basement where Halim and Skender were still was quiet. Myrteza was with us in the second 

basement holding his daughter when he heard Dragan's voice call out "Tzar, let go of the kid and 

come here." He walked out with Myrteza and told him to leave the door open. 

Then my husband Halim came to the second basement. Skender's wife Dudije asked him "Mr. 

Halim, where did they go?". I Ialim said "Yes, they left, and on the way out they told us not to be 

scared. They said that the police will keep an eye on us and "@ bring us flour so that we can cook 

for everyone, including the whole police station". 

A few minutes after we had all quietly gathered together in the second basement the same policemen 

came back in. This time they were wearing masks. They had the same uniforms on. We recognized 

Dragan from his eyes and the sound of his voice. They turned towards us and said "We are KLA. 

Do you love KLA..? Do you love NATO? Do you love America?" Then, without changing the tone 

of their voice they said: "All the men, go outside!" 

They proceeded to call all the men by their names: Artan, Armend, Ardian, Fatos, Shpend, Vegim, 

Shperim, and Edmond. Fourteen-year-old Edmond was asleep. I woke him up and told him that he 

was being called. They had a list of names and they were looking for all the men. 

Then they turned towards tl1e women and children. They placed guns to our faces and asked us for 

gold. All the women took off their rings, necklaces, earrings, everything we had and gave it to them. 

The masked policemen filled a glass up with our gold. Then they turned to me and asked me for 

money. I gave them 500 DM. They placed a gun on Manduha's chest and asked her for money too. 

She did not have any. They became angry and shot at the floor. The hole is still there, in our house. 

They turned to Dudije and placed the sharp end of a knife on her throat and told her that they were 

going to cut all the Albanians' throats. 

The other masked policemen approached Edi and said: "You either give us money, or we will kill 

your little daughter." Edi told them ''This is not my house and I do not have any money." The 

policemen, who had placed a gun on the litde girl's chest, took it off of her and told everyone "You 

all have ten minutes to get your things ready and leave for Albania." 
97 

The time was around 7:00p.m. All the women with their children left the house. None of us knew 

where we were going. As we were walking, we decided to go into an apparent complex nearby. One 

of the owners, Mr. Qumil Haxhijanuzi, opened his door to us. Qumil told us that he had a mentally 

challenged son and that the police had also taken him a day before. 

All nine of us women, together with our children, spent the night in Qumil's apartment. The next 

day, each of us took a different direction, except for Skender's wife Dudijc and her daughter in law 

Edi. That day Qumil informed us that the police had released his son and that without being 

prompted his son had told him "Father, at the police station I heard that the police had brought in a 

lot of men with the last name Qerkezi." 

On May 7th, 1999 I went to Dragan Raxhiq's house with Kasim Qerkezi and Nysrete Kumnova. 

When we opened the door, we saw his coworker Vuk .Mirkoviq. Vuk turned to Kasim and said 

"Welcome Kasim." Kasim replied, "I have been looking for you." Vuk then told us to come inside. 

Once we were in, Dragan turned to me and asked me whether I remembered him. I responded 

"Yes!" Dragan asked, "Do you remember that I gave chocolate to the kids?". I replied "Yes" again. 

Kasim had been a colleague of Dragan's before the war. They both worked at the cultural center. 

Kasim asked Dragan "Dragan, do you know where my sons and Halim and his sons are?" Dragan 

replied, "If 1 come by to your house this evening, I will bring you news. If not, then you will not 

know what happened to them for the rest of your life." He then asked us to stay for some coffee or 

raki. We did not stay. 

Then Dragan showed us our keys and told us that he still has our car. Kasim said, "It is yours to 

keep if you just tell us where the men are?". Dragan turned towards me and asked me if I wanted 

the basement key back. I said, "Yes, 1 want it back." However, when Dragan took a look down 'at the 

pile of keys that he had, he could not remember which one was mine. Hence, he decided that he 

would bring it back when he figures out which one it was. 

Dragan's last word to us were "Do you see what NATO is doing?", and then he told us that they had 

sent their families to Nish. Since we had never heard anything about them until then we only knew 

that he was from Montenegro. On June 14th, 1999 our tuwn, Gjakova, >v-as liberated. On that day, 

Kasim Qerkezi and Muharrem Kumnova saw Dragan Raxhiq drive by in my husband's car, the 

green Opel Kadett. 

Throughout this whole ordeal during the war, 1 Fredonije Qerkezi together with my two daughters 

in law, Ana and Miranda, staye.d in Gjakova from the day that we left our house. From March 27th, 

1999 until June 14th,1999. During this time we found shelter at my parent's house, Malush and 

Gjejlone Kumnova. The men of our family have been missing for 20 years. Dragan Raxhiq, Vuk 

Mirkoviq, and their friends are responsible for the tragedies of our families, Qerkezi, Ymeraga, 

Dyhasi, andJetishi. 

I ask the United States Congress to address the human rights abuses and war crimes committed in 

Kosovo through direct action to demand justice for the victims. 
98 

Written Testimony of Ms. H.U. 

submitted before the U.S. House of Representatives Committee on Foreign Affairs 

on "Kosovo's Wartime Victims: The Quest for Justice" 

April 30th, 2019 

"\X'hen the war in Kosovo broke out, I \Vas staying at my house in the village together with my kids. 

My husband was a KLA soldier and he was moving around all the time. He would come and visit us 

periodically, and then he would go and fight. When the war reached a village near our house, it 

became clear that we had to leave. Together "~th my family, I moved from village to village for a 

long time, trying to escape the terror and save ourselves. On relatively calmer days we would try to 

go back to our house and check on it. 

We were in our house when the NATO airstrike campaign began. We were staying there together 

with many members of our extended family who had come over so that we could all be together. I 

remember the joy that overtook us when we heard the news. \'Ve went out on the balcony. \Ve 

believed that we were finally safe from harm. Only a few days had passed when our husbands told 

us that we would have to leave our house again because the situation was deteriorating and it would 

not be safe for us to stay there any longer. 

All of us together went to another village and stayed \dth my husband's relatives. There were a lot 

of other refugees from different places in that house with us. The day after we arrived there, we 

heard loud noises on the streets. I went over to the door because I thought it might be my husband. 

\V'hen I got there, I saw tanks on the streets and a Serbian soldier walking directly through the front 

yard. \V'hen he spotted me, he began to shout at me. I immediately ran inside screaming "For CrtJd's 

sake, the Serbians are here." 

A group of soldiers came inside the house. The kicked us out on the front yard and lined us up for 

execution. Then they decided to send us to an open field, and they kept us there until nighttime. A 

battle was happening in a village nearby where many Serbians had just died. So the next day, they 

took revenge on us. 

They started burning houses and wanted to burn us all with them. We ran out and tried to escape, all 

the while being yelled at by the Serbian soldiers. They captured us and beat us up. They punched me 

in the head and threw me in the meadow where the women and children were separated on one side 

and the men on the other. I remember when they found a child's notebook and took it. There was a 

poem written on it about Adem Jashari. The Serbian solcliers read it out loud in impeccable 

Albanian. 

They divided the women into groups of four or five and sent us into the basement of an abandoned 

house nearby. They took all the money and jewelry that we had. They shouted at us saj~ng "You will 

give us all that you have, or we will undress you all!" They took all the money and jewelry that we 

had. After they stripped us from all our belongings, they sent us back to the meadow and left us 
99 

there until sunset. At sunset, they brought our husbands so that they could say their last good byes. 

Since that very moment, the fate of those men remains unknown to this date. 

After separating us from the men, the Serbian soldiers led the women and children into the room of 

a house where I found myself with my kids and some cousins. That is when the true horror started. 

It was dark and nobody knew what was happening outside. The Serbian soldiers would come in with 

torches and take us one by one. First, they took some young girls, then many older ones. Children 

were taken as welL Everyone who they brought back would be shaking and crying incessantly. None 

of tbem could speak. 

Then, it \vas my turn. I left my children there, in the dark room. I was terrified. I did not know what 

was going to happen to them or me because they did not tell us anything. A few soldiers took me, all 

alone, and sent me into a room where one of them was waiting. It was dark, so I couldn't identify 

him. The men that brought me there stripped off my clothes. J tried to fight but couldn't. I had no 

strength left. 

When they stripped me, they told me "Tf you scream, if we even hear a peep from you, we will come 

in too." Then they went out and left me alone with the man who was already in the room. He 

approached me. He was speaking in Serbian, but I couldn't understand a thing that he was saying. 

He started to kiss me and bite me. He threw me on the floor, and I could not even scream because I 

was afraid that the other ones would come in too. He threw me on a mattress that was laying on the 

floor and started to rape me. There I was, without an ounce of strength, wanting to leave but with 

nowhere to go. I could not even move. 

He kept going until he was satisfied. Then the cops who were outside the room came in and took 

me. They sent me into the room where I was before. \\!hen I went in, I saw a woman who was 

slamming her head against the wall because they had taken her daughters. The soldiers who took me 

came back again that same night. This time, they tried to take my daughter. They asked me how old 

she was. I lied to them and told them that she was eight. They told me that it's ok; there are plenty 

of other women. They went on with the same routine all night long. Hardly anyone was spared.The 

next morning, they loaded us onto trucks and deported us to Albania where we waited until the war 

was over. 

I appeal to the United States Congress to address the war crimes committed in Kosovo by taking the 

necessary actions to claim justice for the victims. 
100 

Written Testimony of Ms. N.N. 

submitted before the U.S. House of Representatives Committee on Foreign Affairs 

on "Kosovo's Wartime Victims: The Quest for Justice" 

April 30th, 2019 

It was just before I turned eleven years old when they threw us out of our home. My father, my 

mother, my brothers, my sisters, my cousins and all the other women who had found refuge in our 

house. Serbian soldiers lined us up into columns and sent us to different villages. \vhen we arrived at 

village D, the Serbian soldiers stopped us and separated the lines into two. One part was sent to 

village P and the other to village K. My mother, my sisters and I were kept in village K. Meanwhile, 

my dad and my brothers were sent to the village P. 

In village K, they left us on the front lawn of the village school. After a few hours, they sent us to 

some houses near the school. They sepatated us into different rooms. I was in a room with my 

mother, sisters, cousins, and many other women. They left us there, in that room, and told us that 

we were okay there. 

An hour later, rwo drunken Serbian soldiers came in. One of them was wearing a scarf over his head 

and the other one was bald. As soon as they entered the room they turned to my oldest sister and 

told her tu get undressed. 

We did not understand what they were saying because they spoke in Serbian. However, an old man 

translated it to us. After my sister, another girl was picked up and told to do the same. Somehow, the 

soldiers got distracted, and my sister sat down. The other girl was forced to undress in front of us 

all. She was very shy, and her grandfather did not have a choice but to translate to her what the 

soldiers were asking for. The girl fainted. No one touched her after that. They just left her as she 

was. On the floor. Naked. 

1 was very young and I looked almost like a boy wid1 my short hair, so they asked me to stand. My 

cousin thought that they would kill me and pulled me over to explain that I was a girl. \X'hen the 

soldiers understood that I was a girl, they spat on me, punched me hard, and told me to sit down. 

The soldiers then started to ask for money and jewelry. Everyone gave them all that they had. Some 

women had difticulties in taking their rings off because of their swollen hands, and the soldiers 

threatened to cut off their fmgers. They began to fire up their guns, and some other Serbian soldiers 

and paramilitary came to get them out of the room. 

We were told to stay calm. The said that we would have food and water and they left. \ve spent the 

night in that room, and nothing happened. The next day, they came back. They took us all out of 

the rooms and sent us back to the school we were at the day before. There were different soldiers 

there. Some had scarves on, some were in black uniforms, ;)thers in green uniforms, and some with 

police uniforms on. 

We sat down, and all those soldiers surrounded us. There were so many of them. I distinctly 

remember when they discovered that a boy was among us. He was drawn out of the crowd and shot 

at with the intent of being wounded. Then they hung him, right there in front of us, on a tree by the 

fountain of the school. 
101 

The boy's mother and his sisters were pulling their hair out, screaming from the terror. They 

grabbed the boy's mother and his two sisters and took them inside the school. \\'hen they got inside, 

they killed the mother in front of her daughters. The two sisters were screaming so loud that you 

could hear it from the outside. As a child, I was terrified by the sound. 

After that, the soldiers came back to our group and started taking more women and girls. My mother 

gave them all our gold and money so that they would not take us. They took it all, and then they 

took my mother, and my sister, and me. My youngest sister who '>Vas only a baby was left behind 

with an old lady who was standing next to my mother. 

We were sent inside the school. When I got there, I saw the mother of the boy that was hanged 

laj1ng dead on the floor with blood all around her. On the walls, you could see marks of blood that 

her hands had must have left when she was trying to get up. 

I was placed inside a classroom with one of my sisters and some other women. There were different 

Serbian paramilitary forces there. Some had scarves on, some had masks, others had their faces 

painted with stripes. They did all sorts of horrible things to us in that classroom. Two of them came 

after me. One of them was bald and the other had stripes painted on his face. The bald one pulled 

my hair and tore my pants off. 

I was only a child, not even eleven years old when the Serbian soldier raped me. I had no idea what 

he was doing to me. I kept moving the whole time, and I could hear other women screaming, but I 

was too scared to look around. The soldier raped me over and over again, in different ways. 

Whenever I would move and scream he punched me. 

While he was raping me, the Serbian soldier cut my face with a knife, once on the cheek and twice 

on my head carving a cross on my forehead. He said, "You will bear this as a memory." The other 

soldier raped me as well. They did so at the same time. The bald on bit me all over my body and 

blood started to flow down my face. I fainted. I had no idea where I was anymore. I only know that 

I was there for a long time, nothing more. After a while, I started to wake up but I was very tired. 

My whole body was shaking. 

I attempted to get up, but I had no strength left. I could hear voices, but everything felt like a dream. 

I heard the sound of my mother's voice calling out my name. Some people placed me on a mattress 

outside the school. I remember feeling the fresh air. It felt like I was waking up. 

Someone took us on a horse carriage and sent us to a house that was under construction. We stayed 

there for many hours. I was with my mother, my sisters, and some other women. From there we 

were sent into the woods. A cousin of mine took care of us. I got very sick and could not eat for 

two weeks. They managed to keep me alive with water and sugar and we stayed there until the war 

\Vas over. 

Today I catl on the United States Congress to take action in response to the war crimes and atracities 

committed in Kosovo. 
102 

Written Testimony of Ms. Shyhrete Berisha 

submitted before the U.S. House of Representatives Committee on Foreign Affairs 

on "Kosovo's \'lilartime Victims: The Quest for Justice" 

April 30th, 2019 

Shyhrete Berisha is one of three survivors of the massacre of March 26th, 1999 in Suva Reka where 

over forty women, men, and children of the Berisha family were murdered. She testified before the 

International Criminal Tribunal for the Former Yugoslavia three times about how she lost her 

husband, her four children, and 40 members of her family in an attack by the Serbian police. 

My name is Shyhrete Berisha. In the 1990s I lived in Suva Reka with my husband Nexhat, our two 

daughters Majlinda (born in 1983) and Herolinda (born in 1985), and our two sons Altin (born in 

1988) and Redon (born in 1997). Our home was located across the street from the headquarters of 

the Suva Reka police. \Ve shared our house with my husband's nephew, Faton Berisha. We lived on 

the left side of the building, and Faron lived on the right one. 

Late in 1998, the Organisation for Security and Co-operation in Europe (OSCE) rented our house. 

Hence, our family moved in with my parents in Mushtisht, which is approximately 9 kilometers away 

from our home, and Faton moved his family to their uncle's house. 

The OSCE evacuated from the Suva Reka area on March 20th, 1999. The next day, March 21st, 1999 

my husband called me on the phone and asked me to move our family back to our house. \Ve 

cleaned the house and prepared to move back quickly. At the time, we were staying with Fa ton and 

his family. 

On Wednesday, March 24th, 1999 there was a lot of movement from the Serbian police and their 

vehicles. Throughout that day and the following evening I saw tanks, buses full of police officers, 

Pitzgauers, and military vehicles. 

At the break of dawn on Thnrsday, March 25th, 1999 at around 5:00 am we heard a knock at the 

front door. I got out of bed and opened the door. There were three Serbian policemen standing 

outside our door and they pointed their automatic weapons at my chest. The taller policeman was 

poking my chest with his weapon and yelling at me in Serbian "Where are your guests? Where are 

the Americans? Where is NATO?". Then one of them asked me where my husband was and told 

me to call for him immediately. My husband came to the door, and the police took him ontside and 

walked over to our side of the house. I saw that there was a large tank parked only twenty meters 

away from us, and it was pointing straight at our honse. 

When they got to our side of the house, the police could not open the doors of the OSCE offices 

upstairs. Hence, they kicked the doors in. The policemen were screaming and swearing at my 

husband, and they repeatedly hit him as hard as they could. 
103 

The tank was still standing there, and a truck had also come into our yard. The policemen were 

loading things from our house onto the truck. They stole equipment like televisions, computers, 

heaters, and everything they could carry. 

Mv sister-in-law Fatime and I walked towards the front door when we noticed that the first three 

p;licemen who had come in were now walking back with my husband towards Paton's house. I 

could see that my husband had been severely beaten and his face was covered in bruises. He stood 

still as they walked into the house. 

The tall policeman told us all to sit down, and he said it in Serbian. "Give us money otherwise we 

will kill you and burn your house along with your children." he said. Fatime had some money hidde.n 

away on her chest and was trying to pull it out when the policeman with the black gloves put his 

hands down her chest and grabbed all the money. I had 3000 DM on my chest and I gave it all to the 

policeman with the black gloves because .I was truly scared that he would strip me down. Finally, at 

around 7:00am, they left. 

We were all afraid to stay in our house any longer, so we decided to go to my husband's uncle's 

house. Vesel Berisha's house was about 30 meters behind our house. We wanted to escape .. However, 

throughout the course of the night, we heard gunshots, and we were too afraid to leave. 

My whole family was in that house along with Faton Berisha (27), his mother Fatime (48), his sister 

Sherine (17), his wife Sebahate (25) and their two sons Ismet (born in 1996) and Eron (born in 

1998). Vesel's wife Hava Berisha (60), Vesel's sons Sedat (44), Bujar (40), and Nexhmedin (37) wete 

there too, and so were Bujar's wife Flora (38), Nexhmedint's wife Lirije (24) who was 8 months 

pregnant, Sedat's wife Vjollca (37), Sedat's daughter Dafina (16), and his sons Drilon (14), and 

Gnunoz (9). Bujar's sons Blorjan (17) and Edon (14), and his daughter Dorentina (4) were there as 

well. 

Only three people who slept in that house that night survived the e\·ents that followed. 

At 12:20 pm on Friday, March 26th, 1999 I saw a large number of people leaving from the police 

station across the street. From what I could tell, there were about 30 of them. Some were in civilian 

clothes, and others wore police uniforms. They were all carrying automatic weapons. Sedat looked 

out of the window and said: "They are all from Suva Reka." They ran straight into Ismet Kuci's 

house. 

The next thing I remember was hearing a Serbian man yell out in Albanian "Bujar, where are you?." 

I recognized the voice. It was a Serbian man named Zoran. Zoran spoke Albanian well, and he used 

to drive the Albanian bus. Zoran then yelled out in Serbian "\Xihere do you have your Americans? 

Get out here." Bujar's mother Hava walked out first to speak to Zoran. All the men, women, and 

children went down to the basement of the house. I heard Zoran scream out in Serbian "Where is 

Bujar? Get him out here now!". Bujar walked out and addressed Zoran in Albanian saying ''What do 

you \Vant?" \X'e were all still on our way down, I was looking for my children, and everyone was 

saying "Hurry, hurry!" I heard two gunshots, and Bujar's wife Flora cried out, "They just shot my 

Bujar!" 

The terrible feeling that we felt is indescribable. Everyone was running for the back door. We were 

all confused, and barefoot as there was no time to put shoes on. We were running out of the back 

door and towards our house when I saw that we had been surrounded. There were so many men, 
104 

police and civilians everywhere. I recognized the man who stopped my husband. His name was 

Miscovic and he was the owner of the "Boss Hotel". One of the policemen grabbed Faton by the 

hand, and his mother Fatima tried to stand between the policeman and her son. The same thing 

happened when they grabbed Nexhmedin. His wife Lirije, who was 8 months pregnant, tried to step 

in between them. 

I remember seeing an empty yellow truck parked on the front lawn of our house, and the body of a 

large man lying face down next to it. I heard Misovic say to Nexhat "Raise your hands in the air." 

When he did so, :tvfisovic shot him in the hack, three times. I remember Nexhmedin and his wife 

Lirije running when they saw what happened to my husband Nexhat. Nexhmedin was pulling his 

\vife by the hand and one of the men in civilian clothing was yelling out in Serbian "Shoot! \'(!hat are 

you \Vaiting for?" 

At that moment the shooting began, and it would not stop. \Ve. started running in all directions. 

Majlinda along with my two sons went one way, and I went another way. We stopped at a place 

which used to be an Albanian coffee shop and found three other Berisha families. All the women 

and children from our house were there, and Majlinda with my two sons arrived from another 

direction very shortly. I noticed that .Altin was bleeding and I asked him what happened. He told me 

that they shot him on the hand and on the leg, but asked me not to worry. The Serbians had been 

shooting at my children while they were running away. Allin's heart was beating extremely fast, and 

his face was completely pale. 

The police came to the cafe and screamed at us in Serbian telling us to go inside. ~'e had just gone 

inside and were sitting down when they walked in and started shooting at us. I was shot on the right 

shoulder and fell to the ground. When they finished shooting us the police officers walked back 

outside. I could hear them speaking, but I could not make out exactly what they were saying. Some 

of the people were still alive, not even wounded. I don't know how they survived. There were about 

40 to 50 people there, mostly women and children. There were only four men. 

My children Majlinda and Redon were not wounded. Redon kept telling Majlinda, "I want to go to 

mom." I took Redon from Majlinda and I took a bottle of milk which I had stashed in my trousers 

and gave it to Redon. 

The soldiers must have heard tiS speaking because they came to the door and threw a hand grenade 

into the room. I turned around to look at my children. I saw my son Redon sitting there covered in 

blood, still holding his bottle of milk. I saw Majlinda and half of her head was missing. I saw 

Sebahat \Vith most of her head blown off. I slowly reached for my youngest son Redon and touched 

him with my feet, but he was dead. The soldiers did not come in. Sebahate's two children, Ismet and 

Eron, were still alive. They were crying. Ismet, the three-year-old, was crying, calling out everyone's 

name and asking for water. He kept saying "Mom my leg is hurting." 

I heard the Serbian soldiers talking, and one of them said something about placing our bodies on a 

truck. Vjollca and AJtin's heads were dose to mine so I managed to tell them that they should act 

dead. Then the Serbians came in again. They were shooting at us with something. They hit Eron and 

then they hit me on the right thigh. The shot went through my leg and hit Eron too. Eron did not 

move anpnore. I think he died right then and there. Later I realized that I had been hit in the 

stomach as well, but had not felt it at the time. 
105 

Æ 

The soldiers came into the room and started to load the bodies onto a truck. I remember that I 

could still hear people moaning. While they dragged my body by the leg and arm I kept my eyes 

closed and my mouth slighdy open so that I could breathe. I remember that as they were dragging 

me one of the men said in Serbian "Fuck life. \Vhat kind of life is this? I can't handle this anymore." 

The other man who was dragging me replied "Hurry, hurry. \'lie have got to clean this place up." 

They placed me on a stretcher and wanted to take two gold chains from around my neck. After they 

found the latch and were able to unlock the necklaces, they d1rew my body onto the back of the 

truck. I landed on top of a pile of bodies and my daughter Majlinda's body was thrown on top of 

me. Once they were done, the soldiers pulled the curtain of the truck shut, and the truck started to 

mo~.re. 

I could hardly breathe from the smell of blood and dead bodies. When J looked around, I saw the 

body of my son Altin and called Out to see if he was still alive, but then I saw that his head was split 

in half. His eyes and mouth were still open. 

Vjollca must have heard me speak. She raised her head and said, "Shyhret are you still alive'" I 

replied that I was. I asked if Gramoz was still alive and she answered "Yes." I suggested that we 

jump from the truck. Vjollca said, "No we shouldn't jump because the truck is going too fast, but we 

should dig our way out from the dirt once they buty us and escape." I said "If they bury us, all of 

these bodies will be over us and then they will place dirt on top of them. There is no way that we 

will be able to get out." 

I told Vjollca that we should jump from the back of the truck and not from the sides because they 

would be able to see us in the mirrors. There was a tear in the truck's curtain on the back, so I 

checked to see if there was anyone following us. I was injured so severely that I did not think twice, 

I just jumped. I injured my forehead during the fall. Later I realized that I had jumped out in the 

village Malsia e Re and I was on the main road from Suva Reb to Prizren. 

An old man whom I met later in Kukas told me that he had seen me fall from the truck and that he 

told two young men to run over and take me into a car. They drove me to a house nearby and placed 

me in the front yard. The two young men drove me to a village called Grejkoc where I received 

medical treatment Later two cars with KLA soldiers arrived and transferred me to the village 

Budakova. The doctor who treated me there recognized me because we used to catch the same bus. 

He treated my wounds, all twelve of them that were on my body. 

People told me that Vjollca and Gramoz did survive and are still in Kosovo. When the soldiers 

picked me up in Grejkoc, I asked them if they would follow the truck that I had rolled off of and 

find out where they buried the bodies of my family. Five days later a soldier came and told me that 

there were two mass graves in the area of Ljubizhda and that the soldiers had marked the graves. 

I call on the United States Congress to address the impunity for war crimes and human rights abuses 

committed in Kosovo by taking action to demand justice for the victims.