Two stories, one decision: How will the KLA be remembered?

Two years of testimony, hundreds of witnesses, and a court that will decide how the Kosovo Liberation Army and its leaders: Hashim Thaçi, Kadri Veseli, Jakup Krasniqi, and Rexhep Selimi will be remembered.

The four, in custody since 2020, await the verdict in The Hague, while the last two years of testimony shed light on their roles and responsibilities during and after the war in Kosovo.

The Kosovo Liberation Army was formed in the early 90s as a guerrilla group fighting for the rights of Albanians under the Serbian regime at the time. During the 1998-1999 war, it became the main force of armed resistance.

Its political leaders, including Hashim Thaçi, emerged on the international scene in early 1999, when they participated in the Rambouillet negotiations. There, the KLA was legitimized as a negotiating party in the process aimed at ending the war and paving the way for a political solution for Kosovo.

When the country declared independence in 2008, Thaçi was prime minister. Eight years later, he was elected president and served until 2020, when he resigned to face charges from the Special Court in The Hague.

"I will not allow the President of the Republic of Kosovo to appear before the court under any circumstances. Therefore, in order to protect the integrity of the Presidency of the Republic of Kosovo, the integrity of the state of Kosovo, the integrity and dignity of the citizen of Kosovo, the people of Kosovo, while also respecting the partnership with the international community, today I resign from the position of President of the Republic of Kosovo," Thaçi said on November 5, 2020.

In addition to Thaçi, Kadri Veseli, who was the head of the intelligence service in the KLA, Jakup Krasniqi - spokesman, and Rexhep Selimi from the general staff, also surrendered to the Court.

The indictment against them, confirmed on October 26, 2020 and published on November 5 of that year, charges each with crimes against humanity and war crimes committed from March 1998 to September 1999, in Kosovo and northern Albania.

According to the indictment, the four men were part of a “joint criminal enterprise” and “shared the common goal of gaining and exercising control over all of Kosovo through means that included intimidation, mistreatment, the commission of violence, and the unlawful removal of those considered opponents.”

These “opponents” allegedly included ethnic minorities – Serbs, Roma and others – as well as Albanians who did not support the KLA. At least 102 people are suspected of being killed and more than 20 others are considered missing.

The indictment also refers to the superior responsibility of the defendants, due to their high leadership positions within the KLA, for crimes committed by persons under their control and members of the “joint criminal enterprise”.

The four pleaded not guilty, and the trial began on April 3, 2023.

In his opening statement at the trial, acting specialist prosecutor Alex Whiting said that “the majority of the defendants’ victims were fellow Kosovo Albanians.”

"In their zeal to target and eliminate those they considered opponents, the defendants supported and implemented a policy that often victimized their own people," Whiting said.

During these two years, the prosecution presented hundreds of testimonies: 117 in writing and 125 witnesses who testified in the courtroom.

"Since he came, in '98, I have seen with my own eyes his [Thaci's] deeds... He thought of exterminating us... He thought of exterminating us... We don't have time, because we have other examples to show... I have many other examples. This is the truth... with the whole family, his goal was to exterminate us," said Fadil Geci, a prosecution witness, in October 2024.

Thaçi's defense began presenting evidence on September 15 of this year. Krasniqi's team called two witnesses in the courtroom and two written testimonies, while Veseli's and Selim's defenses did not present any evidence.

The defense witnesses - mostly senior Western officials with direct knowledge of the events - began with James Rubin, former US assistant secretary of state.

The defense strategy was to argue that the KLA did not have a clear command structure and that Thaçi, often outside Kosovo and in a political role, did not exercise authority over operations.

Rubin testified for three consecutive days, with current US State Department officials present as observers. Rubin testified that Thaçi “had superiors from whom he had to seek approval” and that he was “more of a public face to present to the West.”

“Hashim Thaçi had to turn to these [KLA] commanders for information, knowledge, decisions… So, I have seen him showing respect to them on substantive KLA issues,” Rubin said.

His testimony was supported by a series of figures who followed him to the witness stand - from Paul Williams, former Kosovo legal advisor, to Wesley Clark, the general who led NATO's air campaign against then-Yugoslav targets in 1999.

"I remember seeing Thaçi, because he was the spokesman. He was clean, well-dressed, looked more Western than the others. He didn't look like he had been in the mountains, fighting for a year or two. It was clear that he was not responsible," Clark testified.

Clark was the final defense witness, concluding his testimony on November 18. A day later, during a press conference on the progress of the case, Thaçi's lawyer, Lluka Mishetić, signaled that the defense may request an additional witness.

However, the defense and prosecution agreed that the final files will be submitted by January 30 of next year, or 60 days after the end of the presentation of evidence. On this occasion, it was also stated that the closing statements by the prosecution, defense and victims' representatives will be given after the submission of the final files.

Special Counsel spokesman Michael Doyle told Radio Free Europe/Radio Liberty that "the rules state that judges must issue a verdict within 90 days of the conclusion of the case - unless circumstances require longer."

Legal expert Mark Ellis expects the trial to be announced in the spring or early summer. He believes the case is at a realistic balance point: the current evidence allows for both conviction and innocence. It will all depend on how the judges interpret the KLA command structure, he said.

"Each piece of evidence is evaluated on its own merits, based on its credibility, accuracy, and consistency, not on which side called the witness. Judges consider factors such as the witness's demeanor, the coherence of the testimony, any vested interests or biases, and how the evidence holds up in court," Ellis, director of the International Bar Association, explained to Radio Free Europe/Radio Liberty's Expose program.

In this trial, the prosecution and defense offered two completely opposite accounts of the KLA: the first presented it as a structured organization with a chain of command up to Thaçi, while the other as a guerrilla group without a formal hierarchy.

Ellis says that in cases like these, judges must assess the credibility of each version, because often both sides may have elements of truth. He adds that legal standards are also crucial in this process.

“For example, international law on command responsibility and ‘joint criminal enterprise’ does not necessarily require a conventional military hierarchy; effective control or a functional organization to implement a common plan is sufficient. Judges will examine whether Thaçi and others had effective control over those who committed abuses,” Ellis says.

And, proving the existence of a hierarchy - formal or factual - as well as determining the role of each defendant within it will be crucial to establishing criminal responsibility, Ellis concludes.

This trial is the most important yet for the Special Court, which is part of an international effort to investigate internal conflicts in Kosovo during and after the war for independence in the late 90s.

Whatever the decision, it is expected to have repercussions beyond Kosovo - perhaps even to the US, because, as Rubin emphasized in his testimony, Thaçi has, for years, collaborated closely with Washington for peace and independence.

Joe Biden, as US vice president, called him the "George Washington of Kosovo" when he visited the White House in 2010.

Richard Grenell, who was the special envoy for negotiations to normalize relations between Kosovo and Serbia during President Donald Trump's first administration, described Thaçi's detention as a "grave injustice."

The Kosovo Liberation Army, although disbanded, remains a popular organization for many Kosovars, who attribute the war that led to independence to it. Therefore, many citizens believe that the Special Court in The Hague is biased against the KLA and aims to discredit its role. This has prompted several protests not only in Pristina, but also in Tirana, The Hague and other cities.

The Specialist Chambers, officially known as the Kosovo Specialist Chambers and the Specialist Prosecutor's Office, operates as part of Kosovo's judicial system, but is staffed by international judges and prosecutors. In terms of staff, Americans are the second largest group after the Dutch.

Their decision will determine not only the responsibility of the defendants, but also the way Kosovo sees and narrates a sensitive part of its recent history./REL.