Posted on 01/19/2005 1:17:38 AM PST by Jane_N
The trial of three former Kosovo Liberation Army members this week heard from a former British military attaché to Belgrade, who spoke about the extent of fighting in Kosovo in 1998 and how the KLA dealt with suspected collaborators.
Fatmir Limaj, Isak Musliu and Haradin Bala are accused of running a prison camp in the village of Lapusnik from May to July 1998, in which Serbs and suspected Albanian collaborators were held captive, beaten and often murdered.
For the charges in question to be legally valid, prosecutors must prove that an armed conflict existed in Kosovo during the period in question - an assumption challenged by the defence.
According to tribunal jurisprudence, to show the existence of an armed conflict in Kosovo in 1998 it is necessary to prove that the KLA was an organised armed group at the time.
The issue of the organisation of the KLA is made doubly important by the fact that Limaj and Musliu are both being prosecuted for certain crimes on grounds of command responsibility the idea that a commander can be held responsible for acts carried out by men under his command, even if he didnt directly order them.
Prosecutors can obviously only use this tactic if they first prove that Limaj and Musliu held positions of responsibility in some kind of organised structure.
Former attaché Colonel John Crosland whose face was hidden from public view by screens and image distortion, just as it was when he testified against Slobodan Milosevic in July 2002 told judges on Thursday that clashes between the fledgling KLA and Serbian forces began well before the Lapusnik camp is alleged to have opened, and intensified through the course of 1998.
He also said the KLA regularly kidnapped ethnic Serbs in an effort to terrorise the population, and attacked Albanians it suspected of collaboration.
But while he spoke of training programmes, supply routes and regional headquarters, he expressed some scepticism about the extent to which the KLA had an organised command structure at the time.
Croslands testimony was largely made up of comments on a series of diplomatic telegrams presented to him by the prosecution. The bulk of these documents are still under seal, and two legal advisors of the British government were present in the courtroom throughout his testimony to ensure this measure was respected.
With reference to the events described in these reports, Crosland told judges that even as early as March and April 1998, clashes between Serbian forces and ethnic Albanian rebels in the Drenica Valley a KLA heartland - were spreading to the area around the border with Albania, where the KLA was bringing in munitions and men along traditional smuggling routes.
According to the diplomatic reports, by the second half of April, western journalists were saying that the KLA virtually controlled areas just over the border in Albania.
There were also indications that the KLA was operating training camps in the Albanian towns of Tropoja, Bajram Curri and Kukes.
According to the witness, heavily equipped and well-trained Serbian special forces units were present in Kosovo from early 1998. He also said the Yugoslav army, whose primary role was to protect Yugoslavias borders, took an increasingly active role in affairs deeper inside Kosovo.
Crosland confirmed that by March of that year he had seen movement of heavy weapons such as anti-aircraft systems and armoured personnel carriers. Later, he said, he saw an artillery position made up of six guns near Decani.
Many of the reports presented by the prosecution detailed violent clashes between Serb forces and the KLA. They also outlined the Serb tactic of emptying the civilian population from large areas to create free fire zones, creating massive refugee flows in the process.
Crosland described the situation in 1998 as fluid, with the KLA and Serb and Yugoslav forces pushing backwards and forwards into different areas of territory.
By June, Crosland said, the KLA controlled some 35 per cent of Kosovo and was in fact able to launch operations in some 65 per cent of the territory, including an attack on the Belacevac mine just ten kilometres from the regional capital Pristina.
Prosecutor Andrew Cayley presented Crosland with a report signed by General Pavkovic, commander of the Pristina Corps of the Yugoslav army, in which he claimed the KLA had mobilised somewhere between 3,500 and 4,500 men and were increasingly taking on the attributes of a military organisation.
But Crosland questioned the figures given by Pavkovic, estimating himself that there were in fact only between 400 and 500 hardcore KLA in Kosovo at the time, although he conceded that Pavkovics figures might not be too far fetched if they included the number of men said to be training across the border in Albania.
The witness also said that the five or six KLA headquarters he had seen were not as organised as Pavkovic indicated. There was a basic system of command, he said, but he stressed that this was only basic there might for instance be an area delineated by a road or a river, within which a head man would have token authority.
But Cayley has argued that it is not necessary to show that the KLA was equivalent at the time to a modern, sophisticated army in order to show the existence of an armed conflict and to use the concept of command responsibility.
Crosland also described a July 1998 visit to Malisevo, where the local KLA headquarters was, he judged, probably responsible for the village of Lapusnik.
There, he said, there was a bit more discipline and formality than at other headquarters he had seen, and those present had a more soldierly-like way of behaving.
At one stage during the meeting at the headquarters, he said, the discussion became quite heated when some KLA men threatened to take him and his party hostage. But a man who appeared to be a senior figure restored some sense to the conversation, he said. Asked for this mans name, Crosland said he couldnt remember for certain. The name Celiku has come up, he said. Im not completely convinced if that was him or not.
Celiku is the nickname allegedly used by Limaj during his time in the KLA. Prosecutors say Limaj was a regional KLA commander, whose area of responsibility included Lapusnik.
Against the background of mounting violence, Crosland confirmed the KLA had a practice of kidnapping ethnic Serbs.
In order to increase the fear among Serbs, they were being kidnapped on a relatively regular basis, he told the court.
One diplomatic report presented by the prosecution noted that kidnappings of Serbs had reached such a point that Serbs were beginning to avoid travel around Kosovo.
In October we estimated something like 200 Serbs were missing, presumed having been kidnapped by Albanian elements, Crosland told the judges.
The witness also discussed media reports that the KLA had carried out grenade attacks on businesses and restaurants in Pec belonging to Albanians who were suspected of collaborating with the Serbs.
These attacks... were similar to what went on throughout this campaign, where Albanians who were seen to be siding with the Serb administration were taken out and their businesses either bombed and they themselves murdered, Crosland told judges.
The trial continues.
Michael Farquhar is an IWPR reporter in The Hague.
My ideas on Kosovo are based on my first-hand experience in the province as well as the documented first-hand experience of others. As Colonel Crosland, the witness cited above, testified, he personally observed HUNDREDS of burning villages. The U.S. Army assistant attache in Belgrade spent extensive time in Kosovo in 98-99, he personally witnessed the same things. I personally saw it after the conflict. Pythag, you have either been hoodwinked by Milosevic propaganda or are an active partner in historical revisionism designed to cover-up the crimes.
You want details of Serb atrocities? Just take a couple minutes and scroll up & down the court transcripts to the witnesses just before & after Crosland--representing a small fraction of the witnesses called against Milosevic:
Go down to page 7320 for eyewitness accounts of Serb forces shelling villages, burning homes, and robbing civilians. Includes a survivor account of the massacre of over 100 civilians at Izbica by Serb police. Then skip down to page 7353 for another eyewitness accounts of Serbs burning houses in Gjakove and killing 20 civilians, mostly women & children as they tried to hide in a basement. He also covers how the Serb police stripped refugees of their identification documents.
Go to page 7499 for more eyewitness accounts of forced expulsion from homes and civilians being robbed by the police.
The middle of page 7535 and down describes the collection of nearly 2,800 statements from Kosovar Albanian refugees and their descriptions of forced expulsions, identity theft, robbery, and home burnings at the hands of the Serbs. A little further down, page 7539-42, the witness explains to Milosevic that the surveys state that the refugees were not fleeing NATO air attack, but left Kosovo because they were being terrorised by Yugoslav and Serb security forces.
Instead of just parroting Serb nationalist talking points, educate yourself. Here and here and here are some places you can start--Serb atrocities in Kosovo are well documented. Do a little reading. Open your eyes and your mind.
Obviously, since you have not backed up anything you said. Here's a court transcript of a mother describing how Serb police herded a group of Albanian civilians into a coffee shop and opened fire, killing her children, among others. In your world-view, that's worth applauding. Her testimony starts on page 7902:
Then it stopped, the shooting, and then I looked up and I saw Vjollca was still alive and said, "Oh, Shyhrete, look what they're doing to us." I said, "Look at, look at Dafina, see where she is." And I looked around and I saw Dafina, Vjollca's daughter. She was suffering. And the daughter of Musli Berisha said, "Oh, look what they've done to me. Look at my feet, look at my legs," she screamed.
And then the brother-in-law of Hajdini said, "Look at my poor Granit. Look what they've done to him ... Then Majlinda spoke, my largest daughter. She was uninjured, with her son and brothers. And Sebahate was uninjured with her two children. Ismet was 3 and Eron was ten months old. And Altin was near me. He was ten years old. We were uninjured. ...Then Majlinda said, "Mummy, mummy, look at how they've killed Herolinda." And when I looked around, I saw Herolinda over there and saw her, that she was lying on the ground with five or six bullet holes in her flesh. She had been such a beautiful girl. And Sebahate on the other side said, "Look. They've killed -- they've killed her. They've killed Jori [phoen] and Sherine." Sherine was a brother-in-law, and the other one was his brother. ... I pretended I was dead. And my son Altin and Vjollca, I said to them, "Lie as if you're dead." Because we heard the Serbs talking in their language, saying, "Get the trucks ready and get the bodies out of here as quickly as possible."
10 MS. ROMANO: The witness and two other survivors and the corpses of the dead were then loaded onto a truck which drove off in the direction of Prizren. Two gold chains were removed from around her neck. The witness, although severely wounded, managed to jump off the truck in the village of Malsia e Re (Ljutoglav) where some Albanians took care of her. She was taken to Grejkoc and subsequently Budakova, where she received medical treatment for her wounds. Her husband and four children - two daughters and two sons - were killed in Suva Reka.
So Pythagorean, how much did your friends get for the gold chains?
If I am "parroting" anyone here, it is Crosland. I repeat that he was a de facto ally of the KLA and (no doubt as a Belgrade UK military attaché) up to the neck personally involved in the war against Yugoslavia. When this Blair-serving diplomat/spy openly describes his KLA allies as terrorists, you have to take this assertion very seriously and advocate that the KLA leadership be indicted by ICTY as all the Serbian leadership has been. Where is your indignation against these organized, leadership-sponsored crimes against loyalist Albanian and Serb civilians?
Horse manure. You can't use ignorance as an excuse any longer. Now you're simply an apologist for murderers and war criminals. And your infantile "everybody does it" logic doesn't work, either. You compared the Serbs in Kosovo with the US in Iraq. The United States Army in Iraq is not burning down hundreds of villages, robbing the inhabitants, deliberately gunning down women & children, and driving the majority of the population from their homes. You are either a Serb nationalist, a dupe of Serb propaganda, or simply an anti-American eager to believe every al Qaeda & ANSWER slander about US ops in Iraq.
You dishonestly tried to deny Serb crimes in Kosovo, you inaccurately tried saying that the Serbs deliberately murdering civilians & destroying villages was normal in war, you lied that the widespread and pervasive Serbian atrocities against the Kosovar population were no different than the way the U.S. operates in Iraq, and you asserted a moral equivalence between Milosevic's policy of ethnic cleansing in Kosovo with U.S. counter-insurgency ops in Iraq. You've been wrong every step of the way, but at least you're consistent.
Kind of an eye opener as to the genesis and expansion of the KLA.
Fallujah residents angry over destruction from US-led campaignOn Wednesday, the United Nations said about 85,000 people have gone back to inspect their houses, but only 8,500 have decided to stay.
Few houses escaped damage from the intense American air raids late last year and the insurgent bombings and shootings that followed. Work teams have cleared rubble from the streets, but it is still tangled with downed power lines. Craters cut off access to side streets, and some buildings have walls or ceilings missing if they weren't simply destroyed.
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U.S. troops kill 8 at Iraq checkpoint
BAGHDAD -- U.S. troops opened fire near a checkpoint south of Baghdad after their convoy was hit by a roadside bomb and a hospital official said Sunday at least eight people were killed in the second American attack in two days to have deadly results.
...Hours before the attack, the United States acknowledged dropping a 500-pound bomb on the wrong house during a search for terror suspects outside the northern city of Mosul. The military said in a statement that five people were killed.
The house's owner, Ali Yousef, said 14 people died when the bomb hit at about 2 a.m. Saturday in Aitha, a town 30 miles south of Mosul. An Associated Press photographer at the scene said the dead included seven children and seven adults. The discrepancy between the death counts could not be reconciled.
Joan, I am not going to debate either you or Pythagorean over your use of Michael Moore talking points in your efforts to smear the U.S. military in Iraq. The issue is not a question of who fights "messier" wars. It is simply not the policy or practice of the USA to attack the civilian populace, but Milosevic's ethnic cleansing campaign in Kosovo did exactly that. You are welcome to review posts 21 & 22 above.
With all the precision weapons of the US, much of Iraq still looks as bad, or worse than Bosnia. So, why are Serbs held up to such a higher standards, yet are treated as lower than animals when they (Serb civilians) aren't even allowed the most basic rights in Kosovo. The Serbs are pushed by the press as SUBHUMAN but they are supposed to maintain higher standards than the rest of the world:
A man walks down a street in the destroyed city of Fallujah, 50 kilometers west of the capital Baghdad. Nineteen people were killed in a suicide car bomb attack against Iraqi national guards as more US troops were sent to the restive city of Mosul to reinforce security ahead of landmark elections in four weeks.(AFP/Hrvoje Polan)
A US Marine from Lima Company passes a leveled house on patrol in the devastated city of Fallujah.(AFP/Hrvoje Polan)
Returing to Fallujah : An Iraqi girl looks from behind the rubble of her house inside the devastated city of Fallujah, some 50 kilometers west of capital Baghdad. (AFP/Hrvoje Polan)
US Marines from Lima Company patrol the devastated city of Fallujah, some 50 kilometers west of the capital Baghdad.(AFP/Hrvoje Polan)
A U.S. Army 1st Battalion, 24th Infantry soldier searches a derelict building during a series of raids in search of insurgent weapons in Mosul, Iraq (news - web sites ), Saturday, Jan. 22, 2004. (AP Photo/Jim MacMillan)
You've got that famous Serb victimization thing down pat, don't you Joan? None of your Serb buddies are charged with damage or deaths done during war. They are charged with murdering civilians and deliberately destroying civilian villages & towns for no legitimate military purpose.
Joan, a better example of the racist Serbian view of your neighbors as unter-menschen is hard to find.
What are you talking about? The charges are all during wartime. Where there isn't war - in Serbia proper - the Muslims and Croats are unscathed. There are something like 10,000 Albanians living in Belgrade - many Albanian & Bosniak names in the phonebook. They have their bakeries, businesses, homes, and go to school with Serbs, have freedom of movement - no problem. It's only where the Serbs did not have full control - where there were paramilitary and army where there was any killing, brought on by attacks initiated against the Serbs.
The minorities in Serbia have all kinds of rights, freedom of movement, and are often thriving (artistically, athletically, etc.).
All the Albanians, UN, and NATO can create is a monoethnic, bores-ville (culturally), with minorities rights run into the ground.
The minorities in Serbia have all kinds of rights, freedom of movement, and are often thriving (artistically, athletically, etc.).
I know, Joan--it was paradise. Its just that the Slovenes, Bosniaks, Croats, Albanians, and Macedonians were all just too stupid to recognize how good they had it, so in some type of masochistic act against their own self interest, they all checked out of Club Slobo.
A senior UN legal official said the Stanojevic trial reflected weaknesses throughout the Kosovo judicial process. "The quality of evidence is very very poor and relies on testimony for which there is very little supporting evidence. No one hesitates to make things up. International judges were meant to alleviate concerns over bias and set a standard for effective justice. It [the policy] does not seem to have worked."
Amnesty and UN staff accuse Kosovo war crimes tribunal of ethnic bias
Dishonesty=Kosovo Albanians
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