Fila: Kurti will use the discussion on Srebrenica in the General Assembly, he will accuse Serbia of genocide again

Toma FIla
Source: Kosovo Online

Lawyer Toma Fila stated that Kosovo Prime Minister Albin Kurti would utilize the upcoming session of the UN General Assembly, where the resolution on Srebrenica would be discussed, to revive and repeat claims that Serbia had committed genocide in Kosovo.

"He will try to use it, that is for sure. You have confirmed it, and then it is the same for Kosovo. I am only afraid of force," Fila said for Kosovo Online.

He added that such intention was also evident from the constant repetition of accusations for events for which Serbia or Serbs had been found not responsible.

"That's their intention. They keep talking about Racak, keep talking that Serbs drowned those three boys, that they released dogs on them, even though NATO has established that this is not true. They still talk about it. They will continue to talk," Fila stated.

Commenting on Prime Minister Kurti's recent messages that lawsuits for war crimes and genocide against Serbia are being prepared and that the prosecutor's office should work to the maximum to prosecute and punish those responsible for war crimes during the war, Fila said that this was partly pre-election rhetoric.

"The talk about genocide is impossible, but there are upcoming elections, so he probably intensifies the rhetoric and narrative he usually uses to gain as many voters as possible," Fila said.

He warns that these messages are open intimidation of the Serbian community, especially those who want to return or reclaim their property.

He claims that all Serbs who were over 18 during the armed conflicts in 1998 and 1999 are in a "risky group".

"It's intimidating people, telling all those who were 18 during the war to leave Kosovo. That's pressure. Kurti has instructed the prosecutor's office to step up efforts?! They only sue Serbs. All Serbian victims, in Bosnia and Herzegovina, and in Kosovo, seem to have committed mass suicides. There is no one accused of that anywhere," Fila stated.

According to him, Kosovo's potential membership in the Council of Europe would still not enable the initiation of a lawsuit against Serbia.

"A lawsuit cannot be filed because Kosovo will not join as a state in the Council of Europe but as a territory, and territories cannot file lawsuits or act. However, what Kurti can do is for another country to sue Serbia for genocide in Kosovo. It is possible to do so, and they will most likely do it," Fila believes.

Asked whether the processes conducted at the Hague Tribunal could influence new indictments and processes in Kosovo, Fila says it is hard to say.

"It is hard to say because we do not have a fair relationship between Serbia and Western allies, the Quint, which recognized Kosovo's independence and invented Kosovo's independence. That's why we can never talk about fair relations. No, they impose, just like Schmidt does in Bosnia and Herzegovina. They have power, the European community behind them, except for those four or five countries that deny the existence of Kosovo, but for their internal reasons," Fila said.

He adds that this was also seen in the UN Security Council where initiatives to discuss NATO's intervention in 1999 in the FRY were rejected twice.

"It is also possible for them to invent something else, to introduce it into the UN without the decision of the Security Council. They can do it," Fila believes.

Asked how the judgments against former military and police generals of the YA and Ministry of Internal Affairs of Serbia could be used for future indictments, Fila says it is possible.

"Every judgment against a Serb is a welcome story for Kurti. Conversely, there is nothing, nowhere. There were no war crimes committed on Croatian territory, and the fact that our people died, that is irrelevant. It's the same in Bosnia and Herzegovina, where 99 percent of the judgments are against Serbs and one percent against Muslims. The same ratio applies to events in Kosovo. In all cases where we presented evidence, no one was prosecuted. Even journalists did not want to hear. They were not interested in Serbian victims. Nobody, and that's the most terrible thing of all, except Serbs, care about Serbian victims," Fila believes.

He assessed that the work of the Hague Tribunal had showed that international law was in the hands of the most powerful countries.

"When I started defending Serbian defendants at the Hague Tribunal in 1996, I talked to the then President of the Court, Antonio Cassese. He explained that any action outside the decision of the UN Security Council was considered aggression, and otherwise, it was a legitimate operation. Then the bombing of Serbia happened in 1999, without the decision of the UN Security Council. When I asked Cassese, he said he had asked Carla Del Ponte, but she had just waved her hand and turned her back. That's the end of international law. International law is whatever suits America," Fila concluded.