Kosovo faces challenges in trying to sue Serbia for genocide

The warning of Prime Minister Albin Kurti on preparations to accuse Serbia of genocide in Kosovo is viewed with skepticism by jurists. They estimate that in order to submit a lawsuit for genocide against Serbia, there are several obstacles that cannot be overcome in the current situation. And in this regard, experts say that even membership in the Council of Europe cannot help

Kosovo has in front of it a series of challenges, currently difficult to overcome, to sue Serbia for genocide in the International Court of Justice.

Despite Prime Minister Albin Kurti's warning two weeks ago that preparations are being made for Serbia to be accused as a state responsible for war crimes, crimes against humanity and genocide in Kosovo, a number of jurists say that there are procedural obstacles that prevent it this process.

"The primary condition is for Kosovo to be a member state of the United Nations. The second condition is that Kosovo is a member state or a party to the statute of the court", said Amer Alija, coordinator and legal analyst at the Humanitarian Law Fund.

It has been a long time since the genocide lawsuit against Serbia has been mentioned in public discourse, but it has not been drafted even 26 years after the war.

Bardhyl Mahmuti, leader of the Center: "Genocide in Kosovo - An open wound", says that it is never too late to file a lawsuit.

"When we are dealing with the crime of genocide, crimes against humanity and war crimes, we must not forget that they are crimes that do not expire (they are not prescribed), so it is essential in this matter to carry out the preliminary work that belongs to us in order that the matter of the genocide that we have experienced as a people takes its rightful place in the intellectual and political debates that take place around strategies for the prevention and punishment of these crimes", said Mahmuti.

also Arberi 21th of 2024 Still no concrete step by the Government to file a lawsuit against Serbia for genocide

E Amer Alija says that Kosovo's membership in the Council of Europe does not play a role in the filing of the lawsuit for genocide.

"In the event that Kosovo will soon be admitted to the Council of Europe, then Kosovo will have access to the European Court of Human Rights, which is a different court compared to the International Court of Justice", he said.

KOHA has addressed questions regarding the preparation and filing of the lawsuit against Serbia to both the Prime Minister's Office and the Ministry of Justice, but has not received an answer from either instance.