Pasic: Attempt to “absolve” former KLA members in Kosovo, Albanians lack willingness to confront the past

Lawyer and former military prosecutor Dragan Pasic has assessed that protests against the Specialized Chambers in Pristina indicate an attempt to absolve the KLA from any criminal responsibility, and also reflect that Kosovo society lacks the will to confront its past.

“The question of guilt arises for all sides after wars and armed conflicts, and it is a very complex matter. It is obvious that politicians who guide public opinion are not directing it in the right way, because the issue of responsibility should be present. Clearly, there is no political will for that. The Albanian people need to understand that they are not collectively guilty, but that the individuals who committed war crimes are responsible, and this should be kept in mind. They should not identify themselves with the leaders of the so-called KLA, regardless of any merits they may have had,” Pasic said.

Albanian Prime Minister Edi Rama has called for the Kosovo Assembly to adopt a resolution regarding the violation of the rights of former KLA leaders before the Specialized Chambers of Kosovo based in The Hague.

Pasic says that both he and Kosovo politicians who advocate for such measures “should understand that this is impossible.”

“The Specialized Chambers and the Specialized Prosecutor’s Office were established based on a Council of Europe Resolution, and that resolution later received a legal framework through a constitutional amendment and the adoption of the Law on the Specialized Chambers and Specialized Prosecutor’s Office of Kosovo. The law does not provide for abolition or revision,” Pasic noted.

At a protest in Pristina, attended by Albanians from the region, it was stated that they oppose “changing the history” of the Specialized Chambers.

The former military prosecutor emphasizes that “courts do not change history.”

“The court does not change history; the court determines the individual criminal responsibility of people accused of the most serious crimes: crimes against humanity, war crimes, and there is justified suspicion that they also violated other laws valid in the territory of the so-called Kosovo,” Pasic said.

When asked how widespread the campaign to “absolve” the KLA of any crimes committed during the war is, Pasic points out that the clearest proof is the conviction of Igor Popovic, assistant director of the Office for Kosovo and Metohija, who was sentenced for “intentionally and deliberately inciting and publicly spreading hatred and intolerance between ethnic groups” because he spoke about the killing of Serbs in Orahovac, and that previous court rulings have shown that KLA members committed war crimes.

“There are final and binding court verdicts on this. Several cases have concluded in which it was unequivocally established that crimes were committed against civilians, prisoners of war, and others who participated in armed actions in the territory of Kosovo and Metohija. Therefore, guilt cannot be absolved. This is a matter of criminal responsibility. However, politicians should also take into account political and moral responsibility, and ultimately, metaphysical guilt,” Pasic stated.