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EU Kosovo court issues guilty verdict in first war crimes case

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A court under the European Rule of Law Mission in Kosovo (EULEX) reached its first verdict Tuesday, sentencing Kosovo Albanian Gani Gashi to 17 years in jail for murder, attempted murder, and grievous bodily harm. A three-judge panel, composed of two EULEX judges and a judge from Kosovo, found Gashi guilty of crimes committed during the Kosovo-Serbian conflict in 1998-1999. The sentence is a milestone for the EULEX court, which is charged with aiding the restoration of the rule of law in Kosovo. In a statement issued by Chief EULEX prosecutor Theo Jacobs, the verdict was heralded as symbolic for the future of the EULEX court in Kosovo: "This trial shows that EULEX is serious about investigating and prosecuting war crimes cases whenever they took place, as long as we have enough evidence for a successful prosecution to proceed." The court has had a difficult beginning since the EULEX formally began operations in December. On Tuesday, the trial of two Serbian defendants was derailed by hundreds of Serbian protesters and postponed indefinitely. Kosovo controversially seceded from Serbia in February 2008, and its new constitution went into effect in June. Kosovo's Declaration of Independence from Serbia was met with support from the EU, the US, and from many other countries. Serbia formally condemned the secession, citing its illegality under UN Security Council Resolution 1244 (1999).

Full post as published by JURIST - The Paper Chase on March 04, 2009 (boomark / email).