The Kosovo Specialist Chambers (KSC) and
Specialist Prosecutor’s Office (SPO) charged with ensuring
accountability for war crimes and crimes against humanity in the
aftermath of the 1999 NATO/Yugoslavia war announced today that the
prosecutor on April 24 charged President Thaci and former Speaker of
the parliament Veseli, who is now the head of the political party
Thaci founded. The announcement added:
The Indictment is only an accusation. It is the
result of a lengthy investigation and reflects the SPO’s
determination that it can prove all of the charges beyond a
reasonable doubt. A KSC Pre-Trial Judge is currently reviewing the
Indictment to decide on whether to confirm the charges.
The Prosecutor is said to have found it necessary
to make the charges public because of “efforts by Hashim Thaci and
Kadri Veseli to obstruct and undermine the work of the KSC.”
This surprised me. First, because I have doubted
that sufficient evidence still exists even to bring charges, never
mind convict. Second, because it comes just days before Pristina and
Belgrade are supposed to send delegations to Washington for talks
sponsored by the Trump Administration. The SPO is a Trump-named
American. I suppose someone may have thought publicizing this secret
indictment would bring pressure to bear on Thaci, but it is hard to
picture him coming to DC with this indictment pending.
In principle, the talks could proceed anyway, as both the
Constitutional Court and the Kosovo Assembly have decided that the
responsibility for them lies with the government headed by Avdullah
Hoti, not with the President. It may test whether the Prime Minister
can exercise independent authority, but it will necessarily put him
at considerable political risk. If he appears in Washington, he will
be criticized at home and at an enormous disadvantage
diplomatically.
It is also a test of Thaci and Veseli. If confirmed by a KSC judge,
they should both resign their positions and go to The Hague to
defend themselves, as former Prime Minister Haradinaj has done
several times. Their resignations would make big waves in Kosovo
politics. The Assembly would need to replace Thaci, which would be a
big challenge in the aftermath of the indictment. Replacing the head
of a political party would be far less controversial, but still
consequential. Would the PDK (Democratic Party of Kosovo) respect
its Kosovo Liberation Army heritage, or move beyond it to choose
someone less connected to the armed rebellion against Serbia?
If Thaci and Veseli do not resign, Kosovo will face other
challenges. Neither Europe nor America will be interested in meeting
with or helping politicians under indictment. The result will be
international isolation. The political response inside Kosovo will
be defiance. It is hard to picture anything positive coming of that
kind of confrontation. Prospects for international investment,
cooperation with NATO, visa-free travel in the EU, and other
aspirations will be dashed.
Belgrade of course will be pleased with the indictment, both because
it has sought justice for crimes against Serbs in the aftermath of
the war and because it will give Serbia a leg up in any negotiations
with Europe and the US. Belgrade may try to reopen the question of
territorial compromise with Kosovo, claiming that the indictment
proves Serbs should not be expected to live in a country dominated
by criminal enemies.
To add insult to injury, the strongest supporter of Kosovo in the US
Congress, chair of the House International Relations Committee Eliot
Engel, was soundly defeated yesterday in a Democratic Party primary
in New York City. He will speak for himself, but I won’t be
surprised if Engel calls for resignations before he leaves office in
January.
So the indictment is not only a personal question for Thaci and
Veseli. It is an institutional and international one as well. Kosovo
is in trouble.
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