At the Specialist Chambers in The Hague, the Special Prosecution, the victims' defense, and the defense of the four former KLA leaders have now completed their closing statements. The questioning by the trial panel has now begun.
Initially, the judge, Kristof Barthe, asked the defense of the KLA four questions about the legality of the arrests or detentions claimed by the KLA.
"Do you argue that the KLA as a non-state armed group had the right to arrest these two people for military or security reasons, and if so, on what legal basis do you say this?" he said.
Former president Hashim Thaçi's lawyer, Lluka Mishetić, called this question academic, while adding that Yugoslav law allows such a thing.
"The reason we raised this is that in the pre-trial phase, according to Yugoslav law, such a thing is allowed. When the SPO said that it does not object to this, we did not raise this issue throughout the trial, and raising it now undermines our position, because we have removed it from the negotiating table in discussions with the SPO. In our opinion, if there were reasons to imprison, there is a basis and according to domestic law, issues of international humanitarian law have not been raised at this time and we have not had sufficient notice," he said.
Meanwhile, Kadri Veseli's lawyer, Rodrey Dixon, said that the arrests of persons who are determined to be a security risk are also provided for in international humanitarian law.
"International humanitarian law in armed conflict provides that persons who may be perceived as a security risk may be detained...12'31''29 There is no doubt that a person who poses a risk may be detained. These are not peacetime conditions. These are wartime conditions," Dixon added.
Meanwhile, Jakup Krasniqi's lawyer, Aiden Ellis, said that the KLA should have enjoyed the right to take measures if enemy soldiers entered their camp.
"If there is no possibility of detention, then what will the KLA do if 8 enemy soldiers enter their camp, even by accident. In our opinion, it should have enjoyed the right to prevent it in the circumstances of the time," he said.
In the largest trial against former KLA leaders, the Special Prosecution Office, the victims' defense, and the defense of former KLA leaders have now completed their final statements. This final phase in this trial began on February 9 of this year.
This Wednesday, the KLA foursome are expected to speak for 20 minutes each. /KP/
