At the Kosovo Specialist Chambers in The Hague, the closing statements from the Specialist Prosecutor’s Office, the victims’ counsel, and the defense teams of the four former KLA leaders have now concluded. The trial panel has begun posing questions.
Initially, Judge Kristof Barthe asked the defense of the KLA four about the legality of the alleged arrests or detentions carried out by the KLA.
“Do you argue that the KLA, as a non-state armed group, had the right to arrest these two persons for military or security reasons, and if so, on what legal basis?” he asked.
The lawyer of former President Hashim Thaçi, Lluka Misetic, described this question as academic, adding that Yugoslav law permitted such actions.
“The reason we raised this is that under Yugoslav law, such actions are allowed during the pre-trial phase. When the SPO said it did not oppose this, we did not raise it during the trial, and raising it now would compromise our position, because we had removed it from the negotiation table in consultation with the SPO. In our view, if there was a reason for detention, a legal basis existed, and under domestic law, issues of international humanitarian law were not raised at this point, and we did not have sufficient notice,” he said.
Meanwhile, Kadri Veseli’s lawyer, Rodrey Dixon, said that arrests of persons deemed security risks are also provided for under international humanitarian law.
“International humanitarian law for armed conflict provides that persons who may be perceived as security risks can be arrested…There is no doubt that a person posing a threat can be detained. This is not about peacetime conditions; it concerns wartime conditions,” Dixon added.
Jakup Krasniqi’s lawyer, Aiden Ellis, stated that the KLA should have had the right to take action if enemy soldiers entered their camp.
“If there is no possibility of detention, what would the KLA do if eight enemy soldiers entered their camp, even accidentally? In our view, they should have had the right to prevent this under the circumstances of the time,” he said.
In the largest trial against former KLA leaders, the closing statements of the Specialist Prosecutor’s Office, the victims’ counsel, and the defense teams have now concluded. This final phase of the trial began on February 9 of this year.
This Wednesday, the four former KLA leaders are expected to speak for 20 minutes each.
