Why is Albania the “advocate” of former KLA leaders?

The declaration adopted by the Albanian Parliament expressing support for former KLA leaders on trial in The Hague — and calling on the Specialist Chambers to declare them innocent — is widely seen by Kosovo Online interlocutors as an attempt to exert pressure on the court. They are uncertain how the judges in The Hague will respond to Tirana’s suggestions and differ in their assessments of the motives behind this move at the final stage of the proceedings. Some view it as a “national issue” tied to Kosovo’s fate, while others argue that Albania is also acting in its own interest, as it would not benefit from a potential conviction that includes crimes committed on its territory.

Written by: Dusica Radeka Djordjevic

The declaration in the Albanian Parliament was drafted by Socialist Party MP Igli Hasani and Democratic Party MP Tritan Shehu, both former foreign ministers.

It was unanimously adopted three days after the prosecution in The Hague requested 45-year prison sentences for Hashim Thaçi, Jakup Krasniqi, Kadri Veseli, and Rexhep Selimi, former KLA leaders charged with war crimes and crimes against humanity. According to the indictment, some of these crimes were allegedly committed in Albania, at a KLA barracks in Cahan and at a former metal factory in Kukës.

The document adopted by Albanian MPs expresses full solidarity “with the people of Kosovo and the families of the KLA leaders” and concern that the prosecution’s request risks creating a dangerous distortion of history.

Political analyst and head of the LEAL law office in Tirana, Leonard Karaj, told Kosovo Online that the Albanian Parliament’s resolution was long expected, but that Albania — and especially Kosovo — should have done much more five or six years ago and invested in what he calls a national issue.

“This is not about four individuals who appeared before The Hague court. As a lawyer, I do not wish to assess whether they are right or wrong. The court will decide how guilty or innocent they are. Of course, every Albanian may say they are innocent, and every Serb may say they are guilty. Someone else will decide that. The question is why our governments in Pristina and Tirana did not work on this issue earlier, which they now declare to be national,” Karaj said.

In his view, Albania should have followed Croatia’s example during the trial of Ante Gotovina.

“The entire pan-Croatian community — not only the Croatian state — raised funds, engaged major international law firms, and lobbied strongly in defense of what they considered vital. This is not simply about winning a court case; it is about a national issue. The fate of Kosovo is at stake. The narrative is shifting toward portraying the KLA war as terrorism rather than a war of liberation. We are not speaking about the fate of four political figures — who were not even military commanders,” Karaj argued.

Lecturing the Court

Belgrade-based lawyer Zoran Zivanovic believes Albania’s interest lies in ensuring that any potential conviction does not include crimes allegedly committed on its territory in 1998 and 1999, as that would implicate Albania itself.

“Any normal state that controls its territory does not allow armed groups to commit violence and killings on its soil. The ‘Yellow House’ issue still hangs over them — although not included in this indictment, it could be addressed in the future. Dick Marty’s report pointed to serious involvement of Albania as a state in crimes connected to the ‘Yellow House,’” Zivanovic told Kosovo Online.

He sees the declaration adopted in Tirana — and a similar one in Pristina — as a classic example of political pressure on the court.

“It is a classic example of political bodies, the parliaments of Kosovo and Albania, effectively instructing the court how to rule — to judge fairly and impartially and to issue acquittals. In other words, they are clearly suggesting what the judges should do,” he said.

What Allegedly Happened in Cahan and Kukës?

According to the indictment, between April and June 1999, certain KLA members detained at least 17 individuals at a KLA barracks in Cahan. Detainees were allegedly confined in locked cells under armed guard, denied adequate food, medical care, and sanitary conditions, and subjected to severe beatings and psychological abuse. They were reportedly struck with batons and rifle butts, cut with blades, and threatened with death and violence. They were accused of being supporters or spies of the Democratic League of Kosovo, of collaborating with Serbs, and of not supporting the KLA.

In Kukës, between May and June 1999, at least 20 individuals were allegedly detained at a former metal factory. They were reportedly handcuffed, beaten, stabbed, punched, and kicked.

RTS web portal editor Rade Maroevic argues that even if convictions confirm crimes on Albanian territory, this would not significantly affect Albania’s current image.

“In 1998 and 1999, northern Albania was largely lawless, with widespread instability following the 1997 unrest. Albania was fragile and unstable. I do not believe that proving the existence of detention camps would significantly damage its present-day image. The primary motive behind the resolution and the demonstrations in Tirana is not to ‘cleanse’ Albania’s image, but to save the KLA leaders,” Maroevic said.

He interprets the declaration as part of a broader pan-Albanian effort to influence the court toward acquittals.

Maroevic also noted that figures from the former U.S. administration joined such efforts, recalling that defense witnesses included former NATO commander Wesley Clark, former State Department official James Rubin, former UNMIK deputy head Jock Covey, and Christopher Hill.

“They are attempting to move the process from an evidentiary framework into political terrain. From Clark’s testimony, it was clear in which direction this would go — creating a political narrative about the importance of the KLA leaders, preserving the image of the KLA, and securing acquittals to avoid undermining what has been achieved,” Maroevic stated.

Influence and Strength of Evidence

Albanian MPs announced they would forward the declaration to the UN Security Council, the European Parliament, NATO and OSCE parliamentary assemblies, the Council of Europe, partner governments, and first and foremost, the Specialist Chambers.

Maroevic said it is impossible to predict whether Tirana’s move will influence the court, noting that the internal workings of the Specialist Court are not transparent, unlike the former ICTY.

“This court has, in my opinion, done a more serious job in KLA-related cases than the Hague Tribunal. The Limaj and Haradinaj cases were surrounded by controversies, including missing witnesses. Here, we have not seen that to the same extent. Whether the decision will be political or purely legal remains uncertain, but trials of political leaders inevitably carry political dimensions,” he said.

Karaj, however, believes the declaration will have no impact.

“In such cases, especially in The Hague, it is almost impossible to pressure judges. What should have been done was timely lobbying in legal circles. Other forms of intervention are not effective,” he said.

Zivanovic also doubts that Kosovo or Albania have the capacity to influence the Specialist Chambers, given that they were established by the European Union.

“I am not convinced that these declarations can alter a trial that has lasted three years or change the prosecution’s case. The judges have clearly pointed to evidence that strongly suggests the guilt of the accused,” Zivanovic concluded.