WHO IS WHO – Charles L. Smith III: American judge who convicted Thaci also presided over trial of KLA veterans

American judge Charles L. Smith III was the Presiding Judge in the case against former KLA leaders Hashim Thaci, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi. While reading out the judgment delivered by the Specialist Chambers in The Hague, he made it clear that the trial had taken place against a backdrop of persistent witness intimidation. His career connected with Kosovo began several years before the establishment of the Specialist Chambers, when he served as an EULEX judge from 2010 to 2013.

“Several witnesses recanted their statements, lied to the Panel and repeated memorized phrases. Some witnesses were afraid out of concern for their own safety. The fact that the Panel was able to render a judgment is a testament to their courage and determination. Because of witness intimidation, measures were implemented to protect individuals,” Smith said while reading out the judgment in which the former KLA leaders were convicted at first instance of the unlawful detention of at least 385 persons, cruel treatment of at least 49 persons, torture of at least 303 persons and 96 murders.

At the beginning of the delivery of the judgment, Smith emphasized that the proceedings concerned the charges in the indictment, not the legitimacy of the KLA.

Smith was also the Presiding Judge of the Trial Panel in the case against Hysni Gucati and Nasim Haradinaj, who were found guilty at first instance in 2022 of obstructing official persons, intimidation during criminal proceedings, retaliation and violating the secrecy of proceedings in connection with the disclosure of confidential materials.

International experience

Judge Smith was appointed as a judge of the Specialist Chambers on February 7, 2017. In addition to presiding over the Trial Panel in the proceedings against the former KLA leaders, he has also served as Vice-President of the Specialist Chambers since April 29, 2020.

His career in Kosovo began several years before the establishment of the Specialist Chambers. From 2010 to 2013, he served as an EULEX judge. During that period, the “Klecka” case against Fatmir Limaj and nine other former KLA members was one of the most significant war-crimes cases in Kosovo. The indictment concerned the mistreatment and killing of prisoners at a KLA detention center in Klecka. Smith, however, was not a member of the first-instance panel that tried Limaj and the other defendants. Limaj was acquitted in that case.

As an EULEX judge, Smith participated in adjudicating at least one war-crimes case arising from the 1999 conflict. The case involved a defendant charged with a war crime against the civilian population committed on March 24, 1999, in the village of Doblibare, near Djakovica. The first-instance court in Pec sentenced Djeljos Krasniqi to seven years in prison, and the Supreme Court panel on which Smith sat dismissed his appeal on June 14, 2011, and upheld the judgment.

As part of his EULEX mandate, Smith served as a judge of the Supreme Court of Kosovo from 2011 to 2013. During that period, he was first elected Vice-President and subsequently President of the Assembly of EULEX Judges, according to his biography published on the Specialist Chambers’ website.

Career

Smith has worked as a mediator and arbitrator since 2014. Before serving with EULEX and the Kosovo Specialist Chambers, he was a District Court Judge in Iowa’s Fourth Judicial District, where he served as Chief Judge from 1996 to 2010 and was a member of the Iowa State Judicial Council.

From 1970 to 1989, he maintained a private law practice specializing in civil and criminal cases, as well as business, tax and probate law. He graduated from Creighton University School of Law in 1970 and was admitted to the Nebraska Bar that same year. He became a member of the Iowa Bar in June 1971.