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Radio Free Europe
- August 21, 2026 11:51
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The Special Court will announce its verdict in the case against four former leaders of the Kosovo Liberation Army: Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selim on September 16 in The Hague.
The court, officially known as the Kosovo Specialist Chambers and Prosecutor’s Office, has been trying the four defendants for three years on charges of war crimes and crimes against humanity allegedly committed during and immediately after the war in Kosovo. The prosecution had sought sentences of 45 years in prison for each of the four defendants.
The outcome of this trial remains unknown. Meanwhile, another trial is being conducted in parallel before the same court against former Kosovo President Hashim Thaçi, on charges of obstruction of justice.
This raises the question, if Thaçi were found not guilty in the case of war crimes and crimes against humanity, would he be immediately released from detention?
According to the Rules of Procedure and Evidence of the Special Court, “when an accused person in pre-trial detention is declared innocent, he shall be released immediately, unless he is lawfully detained or is serving a sentence for criminal offenses other than those for which he was declared innocent.”
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"In the case of Mr. Thaçi, detention has been ordered by the Trial Chamber in his trial for war crimes and crimes against humanity, as well as by the single judge in the separate trial for obstruction of justice. Therefore, if Mr. Thaçi is found not guilty in the trial for war crimes and crimes against humanity, the question of whether he will continue to be held in detention will be decided by the single judge hearing the obstruction of justice case," Specialist Chambers spokesman Michael Doyle said in a response to Radio Free Europe.
The single judge must review every two months whether the detention continues to be reasonable and justified.
"He may also review this matter at the request of the accused, if there has been a change in circumstances," Doyle added.
The last decision, the tenth in a row, to extend pre-trial detention was issued by the single judge on July 31, assessing that there is still a risk that Thaçi will obstruct proceedings or commit other criminal offenses.
In the same decision, the judge also set deadlines for the next detention review: Thaçi can submit his submissions by September 7. If he does not do so, the Prosecution must submit its position by September 14, while Thaçi can respond by September 21.
What are the two cases against Thaçi?
Thaçi has been in the detention center in The Hague since November 2020, when he was arrested on charges of war crimes. Since then, Thaçi's defense has rejected all requests for release from detention. Even a bail of 50 thousand euros has been rejected, along with several conditions that Thaçi pledged to adhere to in exchange for release from detention.
Former President Thaçi, along with former parliamentarians Jakup Krasniqi and Kadri Veseli, as well as former MP Rexhep Selimi, have pleaded not guilty to charges of war crimes and crimes against humanity.
According to the indictment, Thaçi and the others are accused of being part of a “joint criminal enterprise” aimed at controlling the country through intimidation and violence against opponents. The victims included Serbs, Roma, and Albanians who did not support the KLA; at least 102 people are suspected of being killed and over 20 remain missing. The prosecution also holds them responsible for the crimes of their subordinates.
Thaçi, who was also previously the prime minister of Kosovo, described them as "completely untrue, absurd and deeply offensive."
Some of the most prominent figures in Western wartime diplomacy and security have testified in support of the defense, including former US State Department spokesman James Rubin and former NATO commander for Europe Wesley Clark.
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They have stated that the KLA did not function as a centralized structure and that the accused had less influence and control than alleged in the indictment.
Their trial in this case ended in February of this year and all four have been in detention for almost six years.
While this trial was taking place, the Specialist Prosecutor's Office in The Hague in 2024 filed charges of obstruction of justice against Thaçi and four other individuals: former Minister of Justice, Hajredin Kuçi; former head of the Kosovo Intelligence Agency, Bashkim Smakaj; former mayor of Malisheva, Isni Kilaj; and Fadil Fazliu.
They are accused of having, between April and November 2023, influenced the testimonies of witnesses called by prosecutors in the war crimes trial against Thaçi himself and three former KLA leaders.
Thaçi is charged with three counts of attempting to obstruct officials in the performance of official duties by participating in the joint action of a group; four counts of violating the secrecy of proceedings, and four counts of disobeying the court.
Apart from Thaçi, all other defendants in the obstruction of justice case are defending themselves at large.
This case is drawing to a close, as closing statements are scheduled to be held on September 10, 11, and 14.
The Special Court was established in 2015 by the Assembly of Kosovo and is a court within the Kosovo judicial system, but operates with international staff in the Netherlands.
It investigates alleged crimes committed by KLA members against ethnic minorities and political rivals from January 1998 to December 2000.
The trial of former KLA leaders has met with opposition in Kosovo, as it is seen as a biased trial, as it does not include crimes committed by Serbs on the territory of Kosovo.
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With calls for justice, protests against the trial of former KLA superiors have also been held in Pristina, The Hague, Tirana and other cities.
The court has already issued several convictions, both for war crimes and for cases of obstruction of justice.
