Achieving justice or reopening old wounds: What would war crimes cases against the NLA bring?

The conflict between the Macedonian security forces and the Albanian National Liberation Army (NLA) took place in 2001 and ended with the signing of the Ohrid Framework Agreement later that year. A quarter of a century later, the issue has resurfaced after Democratic Union for Integration (DUI) leader Ali Ahmeti claimed that initiatives exist before the Constitutional Court to reopen cases related to the International Criminal Tribunal for the former Yugoslavia (ICTY), specifically to initiate war crimes proceedings against the NLA. Political analyst Risto Nikovski believes that cases involving crimes not subject to statutes of limitation should be addressed, although he doubts this will happen because, in his view, successive Macedonian governments have been careful not to antagonize Albanian political leaders. On the other hand, Professor Bashkim Selmani warns that reopening issues long considered settled could have serious political and social consequences.

Written by: Jelena Milenkovic

In 2001, North Macedonia stood on the brink of civil war. The fighting was concentrated primarily around Tetovo, Kumanovo, and the outskirts of Skopje.

The NLA was also known as the "Macedonian KLA," as Albanian insurgents wore KLA insignia on their uniforms. Its ranks included former members of the Kosovo Liberation Army (KLA), as well as members of the disbanded so-called Liberation Army of Presevo, Bujanovac and Medvedja.

In March 2001, NLA forces unsuccessfully attempted to seize Tetovo in open combat, maintaining control over the hilly and mountainous areas between Kosovo and Tetovo. On May 3 that year, the Macedonian security forces launched a major counteroffensive in the Kumanovo region.

The conflict ended, with international mediation, through the signing of the Ohrid Framework Agreement on August 13, 2001, between the Macedonian Government and representatives of the country's Albanian community. The agreement guaranteed broader rights for Albanians in North Macedonia. The NLA surrendered its weapons to NATO, while the state granted amnesty to its fighters. The Constitution was subsequently amended, Albanian became the country's second official language, and the employment of Albanians and members of other minority communities in the public sector and security institutions was increased.

A few days ago, Democratic Union for Integration leader Ali Ahmeti, who served as the political leader of the NLA during the conflict, stated that he had information indicating that initiatives had been filed with North Macedonia's Constitutional Court to reopen ICTY-related cases, specifically to bring war crimes charges against the National Liberation Army.

"I have information that initiatives have been submitted to the Constitutional Court to reopen ICTY cases in order to accuse the National Liberation Army of war crimes. I am not saying that this frightens me, but when old wounds are reopened, the pain is greater than when a new wound is inflicted," Ahmeti said, adding that these issues had been considered closed for more than 20 years.

Speaking about the implementation of the Ohrid Framework Agreement, Ahmeti said that Albanian political parties had borne the greatest responsibility for its promotion and implementation. At the same time, he criticized Macedonian political parties, arguing that they had failed to adequately explain the significance of the agreement to the public.

He also rejected claims that implementing the Ohrid Agreement had weakened the Macedonian state, arguing instead that both Albanians and Macedonians had benefited equally because the agreement represented a historic compromise that preserved the country's multiethnic character and prevented its territorial division.

Is justice always slow but ultimately attainable?

Commenting on Ahmeti's claims, political analyst Risto Nikovski told Kosovo Online that cases involving crimes that are not subject to statutes of limitation should indeed come before the courts. However, he expressed doubts that this would happen because, in his opinion, every Macedonian government has sought to avoid confrontation with Albanian political leaders.

"The judiciary is independent and should address its own issues, challenges, and responsibilities. God willing, that will happen. However, three of the Constitutional Court's nine judges are Albanians. That demonstrates, in my opinion, that they are serving a national cause rather than fulfilling their legal obligations. I believe the Constitutional Court is slowly returning to its constitutional responsibilities, although recently it has become more cautious. We hope that these cases, which do not expire, will eventually be placed on the agenda. Personally, however, I remain skeptical because every Macedonian government, from the breakup of Yugoslavia until today, has carefully avoided antagonizing Albanian politicians in North Macedonia, since political power depended on them or required their support," Nikovski said.

He believes that many of the country's current problems stem from policies pursued by Macedonian political leaders that influenced decisions of the Constitutional Court.

Asked which issues, allegedly closed more than twenty years ago, might now be reopened and whose interest such a move would serve, Nikovski replied that revisiting long-settled matters is neither realistic nor necessarily beneficial, even though justice is often described as slow but ultimately attainable.

"That principle could certainly apply here as well, but we must also assess whether reopening these issues would achieve anything politically. Ultimately, however, this is a matter for the Constitutional Court. Its primary responsibility is to uphold the Constitution and the law, but judges are also members of society. They cannot ignore politics entirely and must sometimes adopt decisions that serve the interests of the state and its citizens without provoking unnecessary instability that could prove harmful to everyone," Nikovski said.

Asked whether the verdict expected in September in the trial of former KLA leaders might influence a decision to activate proceedings against the NLA, he said there are some indications that this could happen.

"I hope it does, because, as I have said, justice is slow but attainable. I hope that proves true in this case as well. The KLA leadership enjoyed years of tolerance before being prosecuted. Hashim Thaci served as president for years despite everyone knowing what he had done and, in my view, the blood on his hands. Yet he was tolerated. If the same principle is eventually applied to the Albanian leaders in North Macedonia who launched the 2001 insurgency from Kosovo and set Macedonia back by at least a decade, then they too should be held accountable," Nikovski said.

Nevertheless, he reiterated that the Constitutional Court is independent, while observing that it differs from the constitutional courts in Kosovo and Albania, which, according to him, have delivered landmark rulings.

"For example, Albania's Constitutional Court annulled the maritime border agreement with Greece, and that issue remains unresolved to this day. Kosovo's Constitutional Court overturned Albin Kurti's government after finding irregularities in its formation. By contrast, our Constitutional Court has never adopted a decision that departed from prevailing political interests or calculations rather than simply applying the Constitution and the law. We can only hope that this time it will fulfil its constitutional role, although I personally remain far from optimistic," Nikovski concluded.

Creating problems where none exist?

Professor Bashkim Selmani of the Faculty of Law at the State University of Tetovo takes a different view, warning that reopening issues regarded as settled through political and legal processes would have significant political and social consequences.

"There is a risk of undermining the very foundations of the constitutional system because the Constitutional Court must consider both the interests of the institutions and the broader priorities of the state," Selmani believes.

He pointed out that, for more than twenty years, a large part of the issues arising from the 2001 conflict have been addressed through political agreements and institutional processes.

"If these issues are reopened today, the public has the right to know the fundamental reasons behind such a decision. That explanation should come from the competent institutions through a transparent process and clear legal reasoning, so that the judiciary is not perceived as being used for political purposes," Selmani told Kosovo Online.

Asked whether the expected September verdict in the KLA leaders' trial could influence any attempt to initiate proceedings against the National Liberation Army, Selmani replied that these involve entirely separate cases supported by different evidence. He added that any action by the Constitutional Court in Skopje could create unnecessary problems because these issues had already been resolved through legal and political processes.

"From a legal perspective, these are different cases involving different evidence. However, if we look at the broader situation in the Western Balkans, there may be political implications, since organized crime and corruption remain the region's principal challenges. The Constitutional Court must carefully assess every factor that could affect the state's independence and integrity. Looking at its previous decisions, I would say political considerations have often played a role. This is a process that risks creating problems where none exist because these issues have already been settled legally, politically, and through agreements among political parties. Therefore, I do not believe the Macedonian side has anything to lose because preserving the state's integrity is in the interest of all citizens," Selmani said.

He concluded that economic development should remain the country's priority and that the Constitutional Court should instead focus its attention on organized crime and public debt.

"For all citizens, those are the real problems. Proceedings such as these create the illusion that citizens should focus more on individual and national interests than on the interests of the state. The stronger the economy, the freer the citizens will be," Selmani concluded.