Kosovo tribunal: KLA commander slams 'Gestapo' court
September 15, 2021
The trial of a former commander of the Kosovo Liberation Army has begun at the Special Tribunal for War Crimes during the Kosovo War. Salih Mustafa is the first defendant to stand trial before the tribunal.
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A tribunal in The Hague opened proceedings against former Kosovo Liberation Army (KLA) commander Salih Mustafa on Wednesday.
Mustafa, wearing a hooded top and jogging pants, swung in his chair and tapped a pen as he listened to the trial opening.
He dismissed the court's authority - comparing it to Nazi Germany's secret police, the Gestapo.
"I am not guilty of any of the counts brought here before me by this Gestapo office," the 49-year-old said.
Prosecutors said Mustafa and his men "brutalized and tortured" fellow ethnic Kosovo Albanians whom they claimed had collaborated with Serbs.
"These were not enemies of Kosovo, they were not spies," senior prosecutor Jack Smith told the court in an opening statement. "Their only crime was to have political views that differed from the KLA and its senior leaders."
Smith said the hearing was a "milestone" for the court, which has taken six years to bring anyone to trial amid problems including witness intimidation.
At the beginning of the trial, Smith denied claims that his team was targeting the KLA, Kosovo, or its people or their struggle for independence.
”Nothing, nothing could be further from the truth,” he told the court.
The 1999 NATO bombardment of Serbia ended that country's violence against Kosovo Albanians. Still, more than 20 years later, the war, which was conducted without UN backing, remains controversial.
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Traces of war on the Kosovo field
The Kosovo conflict intensified at the end of the 1990s. Ten thousand people were displaced. When all efforts to bring peace to the region failed, NATO started air strikes on Serbian military bases and strategic targets in Serbia on March 24, 1999. After 11 weeks, Serb leader Slobodan Milosevic finally backed down.
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Non-violent resistance fails
Protests against Belgrade's attempts to undermine the rights of the Albanian majority in Kosovo began in the mid-1980s. The 1990s saw a massive increase in Serbian repression. Ibrahim Rugova (l.), who took the reins of Kosovo's political movement in 1989, called for non-violent resistance and sought to convince Slobodan Milosevic (r.) to change course — to no avail.
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Armed guerrilla war
An armed resistance formed in Kosovo, in which the self-proclaimed Kosovo Liberation Army (UCK) began a brutal guerrilla war. The UCK undertook violent attacks on Serbia as well as against Albanians it considered to be collaborators. Serbia retaliated by torching houses and looting businesses. Hundreds of thousands of people fled.
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Systematic expulsion
The war grew increasingly brutal and Serbian forces stepped up attacks on civilians in an attempt to destroy the UCK and its supporters. Scores of people fled into the forests. Thousands of Kosovo Albanians were loaded onto trains and trucks to be transported to the border, where they were thrown out without passports or other personal documents that could prove they were from Kosovo.
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Last attempt to negotiate
In February 1999, the USA, France, the United Kingdom, Russia and Germany convened a meeting of warring parties in Rambouillet, France, in an attempt to establish autonomy for Kosovo. Kosovan representatives accepted the proposal, yet Serbia was unwilling to compromise. The negotiations collapsed.
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'Humanitarian intervention'
On March 24, 1999, NATO began bombing military and strategic targets in Serbia and Kosovo in an attempt to end violence against the Albanians. Germany also participated in the bombing. "Operation Allied Force" became the first war in NATO's 50-year history — one conducted without the backing of the UN Security Council. Russia harshly criticized the intervention.
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Crippled infrastructure
Beyond military targets, NATO also bombed supply lines, train tracks and bridges. Over the course of 79 days and nights, allied forces flew more than 37,000 sorties. Some 20,000 missiles and bombs rained down on Serbia. Many civilians were killed: "collateral damage," in the words of NATO.
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Toxic cloud over Pancevo
Industrial sites were also targeted. In Pancevo, near Belgrade, NATO bombs hit a chemical and fertilizer factory. Massive amounts of toxic substances were released into rivers, the ground and the skies — resulting in grave health risks for the nearby civilian population. Moreover, Serbia accused NATO of deploying uranium-enriched munitions as well as cluster and fragment bombs.
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Targeting the propaganda machine
State television offices in Belgrade were attacked in an attempt to deprive Slobodan Milosevic of his most important propaganda tool. Although the Serbian government was warned of an impending attack in time, Belgrade withheld that information. Sixteen people were killed when the site was bombed.
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Misguided bombs
NATO bombs in Kosovo inadvertently hit a group of Albanian refugees, killing an estimated 80 people. NATO also claimed that the accidental bombardment of the Chinese Embassy in Belgrade was another case of "collateral damage." Four people were killed in the misguided attack, leading to a diplomatic crisis between Beijing and Washington.
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The ghastly toll of war
In early June, Belgrade signaled that Slobodan Milosevic might be prepared to surrender, prompting NATO to end its campaign on June 19. The final toll of the war: thousands of dead and 860,000 refugees. Serbia's economy and large swaths of its infrastructure were destroyed. Kosovo was put under UN administration.
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What crimes is Mustafa accused of?
Mustafa is charged with the murder of a prisoner and torture and ill-treatment of at least six civilians captured during the 1998-99 Kosovo war against Serbia. The alleged ill-treatment allegedly took place at a makeshift detention center.
He is also to stand trial for arbitrary arrests.
According to the indictment, the detainees were allegedly held in a locked stable in Zllash, a village east of Kosovo's capital, Pristina, in April 1999.
They were allegedly subjected to "beatings with various instruments, burning and the administration of electric shocks."
Some of them were urinated on in front of other detainees, the indictment states.
Kosovo hopes for a fresh start
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Mustafa is accused of personally beating one detainee with a baseball bat and slapping, punching, and kicking another.
The prisoners were kept in "inhumane" conditions, said Smith, with Mustafa personally taking part in the beatings.
One young man who was "repeatedly beaten and tortured” died.
Mustafa is accused of being jointly responsible for the homicide. He was allegedly either aware that the crime was being carried out, or knew that the victim was at risk of being killed.
The trial, which takes place through September and October, will hear from 16 witnesses, including former detainees.