On July 13, the Kosovar Assembly approved the Law on the Institute of Crimes Committed during the War in Kosovo, paving the way for the establishment of the War Crimes Research Institute.

In fact, this institute will be re-established. It was first founded in 2011 when Hashim Thaçi, from the Democratic Party of Kosovo (PDK), was prime minister. However, the institute was only able to investigate and document war crimes for seven years. In 2018, it was closed by the government led by Ramush Haradinaj from the Alliance for the Future of Kosovo (AAK), which was in a coalition with PDK and NISMA.

The then PDK Minister of Justice Abelard Tahiri said that the institute was closed because it was not functioning properly and that a law was needed for it to operate effectively.

The idea to reinstate the War Crimes Research Institute came in 2020, two years after its closure during Kurti’s first term in government. The primary goal, as outlined in the Vetëvendosje (VV) governing program is “finding, documenting and archiving facts about crimes committed during the war in Kosovo.” The governing program also mentions that VV will prepare a lawsuit against Serbia for the International Court of Justice.

In May 2021, the Minister of Justice, Albulena Haxhiu, formed a working group to draft the strategy for documenting war crimes in Kosovo.

According to the Ministry of Justice, they have included all working groups, civil society representatives and experts in the process of drafting the law. This included public consultations in the preliminary stages, consultations with interest groups and a formal online consultation platform.

Despite this, the process has been criticized. Some view it as overly complex and time consuming, while others believe it has not included the recommendations of those involved in the drafting of the law, or those who work in relevant fields.

An overdue law and institute

According to civil society organizations and others working in the field of documenting and dealing with the past, the re-establishment of the War Crimes Research Institute is long overdue.

Professor of International Criminal Law Ismet Salihu, who was invited to discuss the issue with Minister Haxhiu, believes that the government has handled this process slowly. “If the current government continues at this slow pace, as it has done for the past two and a half years, I don’t think that it will succeed,” said Salihu.

The delay is also a concern among civil society representatives, including those documenting and investigating war crimes and those working on the Law.

The director of the Council for Defense of Human Rights and Freedoms (CDHRF), Behxhet Shala, said that the failure to establish this institute is a matter of concern.

The Humanitarian Law Center Kosovo (HLC) expressed concern that the longer the establishment of the institute is delayed, the harder it will be to investigate the war crimes. HLC Director Bekim Blakaj said that eyewitnesses and survivors may no longer be alive or may be elderly, which hinders the documentation process. “It is much easier to investigate events when memories are still fresh,” he said.

Re-establishing the War Crimes Research Institute in Kosovo

What's happening with the re-opened institute and why are some civil society groups upset?

Dafina Lata

Re-establishing the War Crimes Research Institute in Kosovo

What's happening with the re-opened institute and why are some civil society groups upset?

Dafina Lata