Home / English / TO: THE CHIEF JUDGE OF THE KOSOVO SPECIALIST CHAMBERS IN THE HAGUE,

TO: THE CHIEF JUDGE OF THE KOSOVO SPECIALIST CHAMBERS IN THE HAGUE,

Se kildebilledet

P RColonel (DI)LAVER GOXHAJ

  1. Nicolas Guillou

For the attention of the US President – elect, the Honorable Joe Biden,

To: Mr. Nicolas Guillou,

Chief judge at the Kosovo ethnic Specialist Chambers in the Hague

Mr. Nicolas Guillou, my name is Dilaver Goxhaj and I am writing this letter in the capacity of an army officer, former professor at the Military Academy of the General Staff of the Armed Forces of the Republic of Albania and deputy-chief of the General Staff of the Kosovo Liberation Army during the war which prompted NATO’s intervention. I voluntered to serve in the Kosovo war during the period March – June 1999. I was also responsible for liaising between  the Kosovo Liberation Army (KLA) and NATO in about 10.000 air operations within 78 days out of o total of 36.000 operations that NATO carried out during that war.

I am of the opinion that the Kosovo Specialist Chambers in the Hague, set up by the Assembly of the Republic of Kosovo on August 3, 2015 runs counter to Article 6 of the Declaration of Human Rights (1791), which states that “The law must be equal for all”. Thus, the Specialist Prosecutor’s Office is biased, as is the decision of the Assembly of the Republic of Kosovo which ratified this kind of biased decision. Hence, I believe that this Specialist Chambers will find it difficult to reach far and just conclusions about ‘the crimes’ committed by the KLA.  unless it also puts the crimes committed by the Serbian Army and Police on the other side of the scales of justice. Justice cannot be served unless both sides are heard.

To the best of my knowledge, even “inquisition worked on the unheard of (at that time) principle of equality before the Holy Office”[1]), as the well-known inquisition historian Rino Camilleri explains, but we are bearing witness to bias at a time when the democratic principles in the 21st century have led to changes far greater than those of three or more centuries ago.

Through this letter, I intend to provide a brief overview of the history of The One Hundred Years’ War between Kosovo and Serbia during the 19th and the 20th century; the nature and the course of that hundred-year war; the activities and significance of the Kosovo Liberation Army whose history is already known world-wide, even though it is yet to be accurately written; as well as my opinion on political and army figures of Kosovo and the Kosovo Liberation Army.

Like most of the commanding officers and soldiers who served in the KLA, I feel indignant at the indictment against the Kosovo Liberation Army which has been branded as “a criminal army”. Point 35 of the indictment filed by this Specialist Prosecutor’s Office underlines that this Court will be entitled to put to trial not just certain members of the KLA, but “other  KLA and PgoK political and military leaders, including other General staff members, PgoK ministers and deputy ministers; KLA zone commanders, deputy zone commanders, and other members of zone command staffs; brigade and unit commanders; commanders and members of the KLA and PgoK police and intelligence services; other KLA soldiers…”, based on which this Specialist Prosecutor’s Office has concluded that the KLA was a “joint criminal enterprise”. This kind of label evokes images of scenes of sadistic collective torture in our minds, which are anything but clear. It also implies that the Prosecutor’s Office is politically-driven rather than law-oriented. The whole army labelled as ‘criminal’ is an intolerable burden especially if it comes from a serious Prosecutor’s Office as this one. It implies that we are dealing with mass crimes committed by a so-called liberation army.

There is also a document by a former-prosecutor at the Kosovo Specialist Chambers, an American professor of International Law, Paul R. Williams which serves to convince us that this Prosecutor’s Office is biased and ethnic. Among other things, in the document he submitted to the US Congress on April 30th 2019, he states that “…because it is important that the international community be not allowed to distort the jurisdiction of the Specialist Chambers, since the court must no limit itself to criminal prosecutions of members belonging to a certain ethnic group and place the focus on one group of Albanians and on the KLA alone.”. According to him, this would run counter to the basic principles of law and equal justice[2]). Therefore, I believe that it’s high time we objected to the use of the “KLA terrorism” label; it’s the moment you take the field, in the name of truth, using honesty as a weapon which is much more effective than “the joint enterprise of defamation” run by Serbia and its Albanian allies.

On the other hand, though, I applaud your appointment to the position of pre-trial judge of the Specialist Chambers of Kosovo, Mr. Nicolas Guillou. With your expertise and extensive experience in the field I am positive that you will debunk the myths and prejudices against the KLA and let the truth be known against the lies and defamation against this voluntary liberation army.

Surely the history of the KLA must be treated with impartiality. However, not being acquainted with the history of the army against which it fought will make it difficult for the court you preside to face reality. However, you being the judge at the Specialist Chambers of Kosovo, Mr. Nicolas Guillou, gives me hope that you will succeed. I believe so even because you will find that the history of the Hundred Years’ war between France and England in the XIV and XV centuries (1337-1453), which ended with the two-year uprising led by the 17 year old French heroine, Joan of Ark is quite similar to the One Hundred Years’ War between Kosovo and Serbia (1878-1999), which ended with the two-year war of the KLA (even though 5 centuries later – which shows that our national awareness was raised much later than in France).

If courts did not adhere to the doctrine of judicial precedent(stare decisis) when deciding a case, court decisions would not be fair. I am therefore positive that your decision will make it clear that the KLA was a typical liberation army fighting against a hundred year-old colonizing state, putting the war in its historical context and taking into consideration the facts which speak a language totally different from the one that has long been attributed to KLA.

Another similarity between these two hundred years’ wars is the one between Joan of Arc and the KLA Commander Adem Jashari and the KLA itself. These two, Adem Jashari and the KLA, represent the embodiment of one another, by the very fact that KLA was born immediately after the Prekaz war inspired by the exceptional heroism of its commander Adem Jashari and his next of kin.

Let me tell you where I see the resemblance between Joan of’Arc and KLA. When Joan of Arc attempted to take Paris with her most loyal followers, she was captured by the Burgundians and sold to their English allies. It was crucial for the English to debunk the myth of Joan without turning her into a martyr. The English, intent on getting Joan to confess that all her successes were the work of witchcraft, handed her over to the bishop of Beauvais, Pierre Cauchon, for prosecution. It was a political trial and religion had nothing to do with it, but since she was a simple peasant she fell into the trap. She admitted it, because she wanted to be obedient to the church and this counted as the final waiver of the oath (abuirim). This was the reason why she was burnt at the stake by order of King Charles VII who she had crowned king.

Similarly, when the KLA managed to attain an equal status to that of the Serbian state army, exhanging prisoners of war in equal numbers, the massacre in the village of Racak in Kosovo was secretly organised by Serbia and secret agencies of some European states, “The intentional massacre of Serbian forces[3]), (as President Clinton called it), with the sole purpose of eclipsing the stage that the KLA had attained. The massacre was perpetrated because Walker’s international observer team could not stop the massacre in Racak, however they managed to report it.[4]), a fact disclosed by Mrs. Madlin Albright.

The Racak massacre was orchestrated to serve as “an excuse” to organise an international meeting initiated by Europe, without consulting the USA, as the US ambassador to Skopje at the time and the State Department charge d’affaires for talks with the KLA political representative, Mr. Christopher Hill said: The French were very interested in hosting the meeting and we, on the other hand, were not interested at all. Holding peace talks has never been a US initiative[5]). Thus, the purpose of the urgent meeting in Rambouillet was to disband the KLA.

According to the vision outlined at Rambouillet, “Europe was divided. France had historically been in favour of Serbia. Even though France was chosen as the country to hold peace talks, instead of remaining impartial during the conference, it very actively supported Serbia, which runs counter to principles of diplomacy in such cases. John Majorit’s Britain hesitated and also favoured Serbia in certain respects[6]), said Henry H.Perrit Jr., one of the American analysts who closely followed the developments in Kosovo.

In Rambouillet, the KLA Political Directorate accepted the compromise to dissolve the KLA, stop the war and for Kosova to remain an integral part of Serbia. (See “Rambouillet Agreement”, Chapter 7, Article I.1.a;2.a; Article II.3; Article IV.2.a,b,c,d; Article XVI, Appendix 1.4). As a result of this agreement Kosovo is offered  an autonomy much worse than that of 1974[7]), as the Political Commissar of the KLA, Adem Demaci noted in those days. However, Guerrila wars are fought to win and lose, not to compromise”[8]), as Henry Kissinger rightly noted.

It was the refusal of the Serb delegation to sign the Rambouillet Agreement that prompted the NATO’s military intervention during the Kosovo War. Kosovo was liberated. The KLA was disarmed. Power was handed over to the internationals, who re-established the former ‘parallel state’ of the “Milosevic allies”[9]), and UNMIK and EULEX trials began against certain KLA individuals, some of whom were righly convicted, but the real purpose was to possibly erase the myth of the KLA as a liberator, still using the same label, “a communist witch”, which Serbia and Albanian pacifists coined, so they prepared 64 files for the Serbian Prosecutor’s Office, based on which the Specialist Prosecutor’s Office in the Hague has filed charges against the KLA.

Later on, what happened to the KLA is similar to what happened between Joan of Arc and King Charles VII. The Director of its Political Directorate of the KLA, Hashim Thaçi, denied the existence of the KLA’s unified command before SPO Prosecutor Jack Smith by saying that “at no point, in 1998 or 1999, did he (Thaçi) or any member of the General Staff have any authority over the KLA.”[10]) , thus implying that the KLA was an armed crowd of some sort.

As a result, the KLA was disarmed and disbanded, as was agreed in Rambouillet[11]), whereas the Serbian Army was not disarmed. (the Alliance air force – with more than 36.000 air operations within 78 days – had not been able to destroy the Serbian military force). Not only was it not disarmed, but it did not hand over a single bullet to the NATO either, even though it was an invading army and even though it was forced to capitulate unconditionally.

Some similarities between the Hundred Years’ War between France and England and the one between Kosovo and Serbia, both extending in time with interruptions.

  • The war between France and England started for both sides as a predatory war, where English feudal lords fought to regain the lost lands in France, while the French royal power sought to seize the wealthy province of Flanders.

It was Serbia that started the war between the Albanian people in Kosovo as a predatory war and the Berlin Congress (June 13- July 13, 1878), which revised the Treaty of San Stefano, refused to recognise the demands of the Albanian nation. Thus, in addition to Vranje and Pirot, Serbia was also given Kosovo’s provinces entirely of ethnic Albanian population: Nis, Prokuplja, Shpuza, Podgorica, Tivari, Plava, Gucia and Kolashin and by the end of 1878, 714 Albanian villages were wiped out in the Sandzak of Nis.

  • The Hundred Years’ War of the French nation, as we know, would turn out to be in vain, since the representatives of the French royal power united France with the English royal crown which made England even stronger.

Even our Hundred Years’ war against Serbia turned out to be in vain, because Albanian feudal lords of the 19th century, much the same as French feudal lords of the 14th century, had understood nothing of the time evolution, each of them seeking to strengthen their own vilayet failing to unite their uprisings. As a result of the ignorance of our feudal lords, our uprisings were easily crushed by Turkey. This ignorance of the Albanian feudal lords was skillfully exploited by Serbia which forcibly depopulated the above-mentioned provinces.

  • A great calamity befell your France during the period 1347-1361 – it lost half of its population due to the plague epidemic.

A similar tragedy befell our nation on the threshold of its independence. Ours, however, wasn’t caused by deadly epidemic diseases, but by the epidemic of the First Balkan War – the orthodox countries Serbia, Greece, Montenegro and Bulgaria started the war in October 1912 using the slogan: Let’s liberate our christian brothers”, which the jew, Leo Freundlich called “the year of crimes and extermination of Albanians by the Serbs[12]). Even though officially the Balkan Alliance declared war on Turkey, in reality it was a war waged in Albanian territory against Albania. Serbia alone engaged 286.000 troops which reached as far as the South, up to the Shkumbin river valley, killing 35.000 Albanians and displacing another 150.000 from Kosovo to Albania.

  • At the beginning of the 15th century, the great French feudal lords divided into two large hostile groups fighting for power; some of them joined the enemy against the rest, thus contributing to the prolongation of the occupation of France by England.

Similarly, in Kosovo, when traitor Esat Pasha Toptani went from Italy to Nis, where Pashiç’s Serbian government had set up its headquarters, to seek financial help to oust Prince Vid from Albania, Pashiç demanded, as compensation, that he use his authority as a former –Commander of the Turkish Corps in Kosovo to convince the great feudal lords of Kosovo to seek unification with Serbia. Esat Pasha Toptani did this and the feudal lords of Kosovo agreed to the unification of Kosovo with Serbia. For this treason and the terror he spread in Central Albania, fighting with his 600 mercenaries alongside Serbia and Antanta on the Eastern Front, Avni Rustemi, an intellectual man from the South of Albania, went to Paris and killed the traitor in front of “Continental” hotel. The French Court declared him ‘not guilty’, because Avni had eliminated Albanian treason.

 

Some of the most prominent crimes of Serbia in Kosovo after World War I

 

The Versailles Peace Conference, which began on January 18, 1919, decided that Kosovo and other Albanian territories, previosuly annexed by Serbia and Montenegro, be included in the newly created Serbo-Croatian-Slovenian Kingdom on December1, 1918. During the 22 years of its existence this kingdom focused on ethnic cleansing, denationalization and slavicisation of Kosovo. To serve this policy the number of Albanians was falsified, from 840.000 who were registered in 1918, in 1921 the number was published halved to only 439.000. Whereas during the period 1921-1941 in the territories of the Yugoslav Kingdom where Albanian population lived, 250.000 Albanians were forcibly displaced to Turkey and Albania, 218.000 hectares of land were expropriated, out of which 192. 000 in Kosovo, where 11.000 Serbian and Montenegrin families settled in.

Unfortunately, we suspect that the flames of this centuries-old Serbian religious hatred against muslim Albanians blazed again with the establishment of this Specialist Prosecutor’s Office for Kosovo in the Hague through the accusation: The KLA killed catholic Albanians and orthodox Serbs”! I avail myself of the opportunity to inform you that this is a typical Serbian slander, noting that the main jounalist reporting on the war fronts for the only two media covering that war, Radio Kosova e Lirë and Agjensia Kosovapress, was the catholic Albanian Martin Çuni; whereas the Chief of Staff of KLA forces which attacked from the Republic of Albania was the other Albanian catholic from Kosovo, major Anton Çuni, currently holding the post of the Minister of Defence of Kosovo. Such an accusation from the Specialist Prosecutor’s Office creates the image of the Spanish Inquisition (1478-1834) which arose from the problems caused by the coexistence of christians, jews, and muslims in the same territory.

Or was this religiously tainted accusation levelled at the KLA because the war was won by the Muslim-majority Kosovo Army, and the orthodox Serbian army lost? I’am raising this question based on the fact that the victory of the Afghanistan over the Soviet
Union has been called by many historians as the first victory of Islam against Christianity, as quoted by the American military historian George Fridman[13]).

By the way, why not raise doubts about this kind of persecution against the KLA being the result of the Serbian hatred of a religious nature against everything which is not Serbian, as once was the one against the heresy of the Cathar believers (neo-Manichaeans)? My question is based on what the philosopher of Oriental Studies at the University of Belgrade, the Serb Millorad Tomaniq states in his book “The Serbian church at war and the wars within”: “The bishops of the Serbian Orthodox church decided that instead of power of the Serbian state, at least the power of the Serbian Orthodox Church be imposed on the entire territory of the former SFRY[14]). I also base this on the statement of the former Serbian prosecutor Dragoljub Stankoviç, on November 4, 2020, who was directly involved in cooperation with the Hague, (2003-2015), stating that it was him that had allowed the Hague investigators to find and interview as many witnesses in Serbia as possible: My job was to find witnesses, to encourage and persuade them to make statements for the Specialist Prosecutor’s Office[15]), which shows that Serbia remains the same as always against Albanian Kosovo.

The continued and multifaceted resistance of the Albanians during the period 1918-

1941 helped keep the morale of the people up to overcome the dire situation, violence and terror. It played a crucial role in facing this period of denationalization of Kosovo and other Albanian territories in Yugoslavia.

On April 6, 1941, Germany and Italy attacked Yugoslavia and on April 17 it capitulated. In 1942 anti-fascist armed units were formed in Kosovo and in the second half of the year 1944 the armed movement in Kosovo and the other Albanian territories turned into a general uprising with a total number of 53 thousand partisans. On December 31, 1943 and January 1 and 2, 1944, the Founding Conference of the National Liberation Council for Kosovo convened in the village of Bujan in Tropoja and expressed the desire for unification with Albania, based on the decisions and orientations of the Yugoslavian Communist Party for the self-determination of nations. In February 1945, Josif Bros Tito established the Military Administration in Kosovo. But just like the French traitors joined the English, led by the Duke of Burgundy, even though the French had won the battle of Azenkurt (1415), the betrayal leading to the disarmement of France, the “Assembly” convened in Prizren on July 8-10, 1945 and approved, applauding, without voting, the annulment of the decision of January 2, 1944 of the Founding Conference of the National Liberation Council for Kosovo, which was annexed to Serbia that day; four Albanian representatives who objected to that decision were later shot. There were 137 participants, 32 of whom were Albanians.

In 1953 Joseph Bros. Tito managed to reactivate the Gentlemen’s Agreement of 1938 with Fuad Kyprili in Split through the Yugoslavia +Greece+ Turkey Pact. The outcome:

415.000 Albanians were displaced to Anatolia and today they are slowly merging into the third generation and no longer feel that they are Albanians[16]).

During the 22 years of the Yugoslav Kingdom period Albanians served 152.000 years of imprisonment, In contrast, after the Second World War, until the liberation of Kosovo by the KLA, the Yugoslav Federation sentenced 5 times more Albanians to 777.856 years in prison and 750.000 personal files were opened for Albanians, holding farce trials, occasionally establishing military administration in Kosovo alone. During the years 1945-1949 alone over 40.000 Albanians were shot in all parts of the Federal Yugoslavia and no trace of them has ever been found[17]). This confirms the statement by the Serbian priest Nikolaj Velmirovi in 1942 (who the Serbian Orthodox Church canonised as saint in 1998), according to which: “What Hitler is doing  today, against the Jews, was done by Saint Sava in the Middle Ages against the Arbanas who refused to be converted into Slavs[18]).

Although Kosovo became an Autonomous Province in 1974, it remained the poorest of all, from the economic point of view. National income per capita in Kosovo was 6 times lower than in Slovenia, about 5 times lower than in Croatia, 3,5 times lower than in Serbia; Albanian nationality in the Federation was declared “muslim nationality”; the growth rate of industrial production was 4-5 times lower than that of Serbia; the economic investments in Kosovo were 43% less than the Yugoslav average; the country development dynamics was 46,9 % below the Federation average; the unemployment rate was 20 times higher than in Slovenia, 2,5 times higher than in Serbia; 110.000 people left for work outside Kosovo and Yugoslavia, in addition to 70.000 unemployed people in Kosovo[19]).

As a result of this discrimination against Albanians, the Albanian people in Kosovo broke that peace – much the same as the French Kingdom with England in 1369. Demonstrations erupted in 1981 demanding the Republic of Kosovo within the Federation. About 300 Albanians were killed in those demonstrations.

After the events that occured in 1981, the socio-poltical and legal status of the Province of Kosovo began to shrink. This phenomenon became more apparent after Slobodan Milosevic became president of Serbia in 1985. In Mars 1989, threatening to use weapons and with votes from non-parliamentarians, S.Milosevic stripped Kosovo’s autonomy. After that, all the autonomous political, economic, judicial, police, health and cultural institutional structures of fell. From the events of 1981 until 1990, 584.373 Albanians were mistreated by the police, 70 thousand workers participating in strikes and protests were fired, and thousands more left Kosovo, emigrating to other countries.

It was this kind of fascist dictatorship of Serbia that led to the emergence of the largest political force in Kosovo, the 800 thousand-member Democratic League of Kosovo (LDK) in a country with 1,8 million inhabitants (!), led by President Ibrahim Rugova. Its political strategy was the extreme pacifism. It sought a peaceful liberation of Kosovo, without mass demonstrations, through silence and diplomatic action, not through taking up arms but through agreements with the enemy extending their hand to him, all begging, referring to the Bible’s message: “Love your enemies, do good to those who hate you!”[20]), because “you can never defeat Serbia using force”. saying Kosovo would gain independence just like that, nice and easy, through diplomacy with the Great Powers etc. This party, staying true to its strategy of not calling people to arms, started to affect the public opinion with their different definitions and comments questioning the veracity/integraty of the KLA. As a result of this policy, a state in limbo  reigned in Kosovo, occupied by Serbia and stripped of its autonomy, “neither war, nor peace”. “Milosevic had apparently sensed that Rugova’s parallel institutions would discourage an uprising and therefore he did not even try to get rif of them… To some extent, he realised that the LDK and Rugova were his most important allies in order to keep Kosovo[21]), as concluded by the American Professor of International Law Mr. Henry H.Perrit Jr.

Under these circumstances, “neither war, nor peace”, even the international community persisted with the traditional theses: a) preservation of the integrity of Yugoslavia, b) minority status or ethnic community status for Albanians in Kosovo, c) restoring Kosovo’s autonomy. These attitudes are reflected by the Hague Conference (1991), the Luxembourg Meeting (1992) and the London Conference (1992), as well as by the decisions of the Contact Group during March- June 1998, when there was a war going on in Kosovo.

It was at that very difficult moment in the history of Kosovo that from the bosom of the rural people of Kosovo there emerged the extraordinary 40-year-old man Adem Jashari, who with his moral and patriotic qualities also expressed the aspirations of the majority of the Albanian people in Kosovo, just like the extraordinary 17 year old girl Joan of Arc emerged from the bosom of the French people in 1429.

Adem Jashari was born in 1955 in the village of Prekaz in Drenica, which is exactly where Serbia killed 30 thousand of his fellow village people in 1945, under the pretext that it was fighting the internal reaction forces. This man, just like Joan of Arc, stunned by the galloping depopulation of Kosovo, poverty of the population, the betrayal of politicians and the majority  of the Albanian elite, emboldened by hatred for the enemy, love for the country and his people, convinced that, under the circumstances, time itself had assigned him the task of driving the enemy out, he created his own combat unit.

As he had predicted, just as Joan of Arc forced the English to give up the siege of the city of Orlean in 1429, a position of great strategic importance, Adem Jashari, too, at the head of his combat unit managed to drive the Serbian Military-police forces out of Drenica, a very important province from the strategic point of view in the center of Kosovo and its most insurgent province. But in the third seige by the Serbian army on March 5-7, 1998, similar to the one in Kompienj in 1430, Ademi, just like Joan of Arc who couldn’t withdraw from the city, even our Adem did not manage to break the siege this time. But unlike Joan of Arc, Adem together with 56 fighters of his unit-kin refused to be captured alive by the enemy and they sacrificed themselves, which is another page in the history not only of the Albanian people in Kosovo and the Albanian nation, but a unique case in the entire history of  world liberation wars. Even though this war was won by Serbia, even though we lost, it did not have the effect sought by the pacifist policy of “neither war nor peace”, but quite the contrary, it caused the whole Kosovo to raise to its feet. The myth of the invincibility of Serbia was debunked and, as a result, the Kosovo Liberation Army was soon born. Its birth politically eliminated both Ibrahim Rugova and his pacifist party LDK.

However, unlike Charles VII, who trusted Joan of Arc with the last troops of the French army, the president of Kosovo, Ibrahim Rugova, called the KLA ‘the prolonged hand of Serbia’. LDK retaliated against the KLA, this ‘offspring’ of the Prekaz War, accusing it of being a communist, Enverist, Marxist-Leninist ideological army, a traitor to Rugova and the LDK, to the extent that even when Kosovo was liberated, Rugova declared from Italy: “I shall not return to Kosovo unless the last soldier of the KLA is disarmed”.

Just like the French feudal army officers who followed the king during the war fought by Joan of Arc and tried to lure her into traps, many Albanian officers educated in schools in Yugoslavia, who believed in the “parallel institutions” of the LDK and doubted that some “shepherds” could lead an armed war, tried to set some traps for the KLA to eradicate it and put an end to the liberation war. They feared that with the KLA at the helm the war would be intensified and “Rugova’s parallel institutions” would get weaker and Kosovo would secede from Serbia, just as the French feudal officers feared that with Joan at the helm the peasants’ war against feudalism would be strengthened. How come none of these commanding officers who fought several months in Kosovo under the auspices of the Kosovo Armed Forces (FARK) have been charged by the Specialist Prosecutor’s Office?! Could it be because they are ‘brothers’ with those pacifist Albanians who have provided information for the files against the KLA?!

When the fire of the inquisition was swallowing Joan of Arc up, one of the Englishman screamed: “We are lost! We have burnt a saint!”. Milosevic screamed, too, before the Assembly of Serbia, when president Clinton declared on May 23, 1999: “Milosevic has failed in his attempts to eliminate the Liberation Army of Kosovo. On the contrary, more and more people are joining its ranks every passing day, it has started to launch offensives against Serbian Forces, which are now hiding to escape air strikes. Milosevic is now facing the fact that the air strikes will continue, the KLA’s perseverence and the prospect of reporting to his people.[22])

Twenty-four years after the death of Joan of Arc in winter, King Charles VII opened talks at the Cathedral of Our Lady of Paris and assigned a commission to investigate and restore once and for all the moral figure of Joan, which resulted absolutely spotless.

Even for the investigation of the KLA figure and of the entire leadership, twenty-four years after the start of the war and 21 years after the end of that war, the Assembly of Kosovo, at the request of the Parliamentary Assembly of the European Union, set up the ethnic Specialist Chambers in the Hague, on August 3, 2015, which after five years of investigation opened the trial, in winter, to declare it spotless or “a joint terrorist enterprise”. If the KLA had kept 63 prisoners, as mentioned in the indictment, there would not have been enough soldiers to guard the prisons, let alone fight, since it had only 19,800 people.

As the chief judge at this Specialist Chambers for Kosovo in the Hague, you have the authority to reveal the truth about the figure of the KLA leaders and about that army itself. I am positive that the final court decision will be similar to the conclusion reached by the commision set up by King Charles VII of France for Joan of Arc. So far there have been striking similarities. Acknowledging the innocence of the KLA will make Serbia, the assembly of the European Parliament and the  Assembly of Kosovo fall under the weight of public contempt.

It is known that on January 7, 1999, the day the KLA captured 8 Serb soldiers, Milosevic mobilized all Serb civilians in Kosovo capable of serving in the army [there were 120,000 Serbs in total[23])], and a month later, from February 6 till March 15, 1999, brought another 40,000 troops from Serbia, a total of 165.000 troops which:

killed 11.840 innocent Albanians, 1.392 of whom were children not older than 18 years old,  296 not older than 5,  1.739 women,  1.882 over 65 years old and 5081 between 19-64 years old, 1.450 of whom have not been found yet. “The stories we hear are truly horrible: the Serbian forces gather Albanian peasants in groups, kill them with weapons and set them to fire[24]), president Bill Clinton said on April 12, 1999.

– threw all these killed people into over 530 mass graves

– raped 20.400 Albanian women;

– burnt and destroyed 100.589 houses, apartment buildings and similar objects;

– burnt 358 schools;

– burnt 71 institution office buildings;

– burnt 30 cultural centers, 93 public libraries, 123 health centers;

– burnt 215 religious buildings belonging to the muslim religion (mosques, tekkes, shrines);

– burnt down the Islamic Community Archive where there were documents dating back to the XV century;

– burnt down 5 catholic churches;

– burnt down 88.101 ancillary public and private economic facilities;

– slaughtered and sent to Serbia 70 % of all the cattle (cows, goats, working animals) etc.

 

According to the International Commission Report for Missing Persons, drafted by the high-ranking anthropologist of ICMP, for forensics, Dr.Mark Skinner, during the war in Kosovo, 82 people were found to have been transported alive to Serbia and the expertise has concluded that those bodies had not been executed by shooting or suffocated using other means; their death was of a totally different nature, and they were then buried in coffins and in labelled plastic bags in the graveyards of Rashkë, Batanjicë and Petrovosellë. It is suspected that those victims had their organs removed. There were 13 males, 14 females and  9 children.[25])

History will record the fact that one of the biggest acts of barbarism Europe has witnessed during this century was defeated by the greatest acts of kindness we have ever seen.[26]), declared President Clinton on June 21, 1999, the day when the last Serb soldier left Kosovo.

Under these circumstances, how could we Albanians stay put and see our parents and brothers being killed and burnt alive, mothers and sisters being raped, knowing that even shy animals, when they see no other way out, fight to defend themselves?! Or perhaps this was not allowed for Albanians in Kosovo?! Thus, the case of Sandjak of Nis, where no Albanians were left alive, was repeating before our eyes, and Albanian parties (some of them) were moralizing using tragedy! What’s the crime the KLA commited against humanity?! The fact that they did not allow the Serbs to kill all muslim Albanians in Kosovo?! Albanians  developed their love for their homeland during the Scanderbeg period, like the French have, since Joan of Arc; even though, unfortunately, the leaders of our Albanian ‘democratic’ political parties of the end of XX century asked the KLA and even NATO to stop the war with weapons against the exemplary colonizing Sebian aggressor, which meant: give up love for the homeland and nation. The same national -scale mistake was made even by the Kosovo delegation to Rambouillet, but thanks to Slobodan Milosevic’s historic mistake of not signing the Agreement in Rambouillet which prompted the NATO’s intervention with its aviation force in cooperation with the KLA, “if this had not proved effective, NATO would have deployed the land forces there and we were determined not to give up on our goal, we were determined to put an end to the ethnic cleaning.[27]), as president Clinton stated.

The strangest thing ever, however, Mr. Guillou, is the fact that the International Criminal Court for war crimes in the Hague ruled that former Serbian president Slobodan Milosevic (now deceased) was not responsible for the crimes commited during 1992-1995 during the Bosnian war and during 1998-1999 during the war in Kosovo[28]),) while the Specialist Prosecutor’s Office for Kosovo in the Hague accuses the entire pyramid of the KLA command structure, claiming that they were aware of crimes committed by certain KLA individuals, and therefore branded it “a criminal joint enterprise”. I am not ruling out the possibility that murders of a criminal nature were committed by certain members of the KLA, but rest assured that even if there were crimes, they must have been individual acts and not at all as a result of decisions taken by the KLA General Staff.

What has surprised not only the Albanian nation, but also many internationally renowned lawyers is how these KLA “crimes” can be tried by an International Court without trying, at the same time, the war crimes and crimes against humanity so many in number, massive and well-documented, commited in Kosovo by the security forces, the army of mobilised serbs in Kosovo. Similarly, the Specialist Chambers of Kosovo does not try Albanian police officers of the MIA of Serbia (MUP), such as Agim Sahitaj from Sopia, Selim Selmanaj and Sahit Zogaj from Malisheva, Bekim Sahitaj from Sopia, Ilaz Vranovci from Tërna and others who were active police officers serving in the Serbian MIA branch in Prizren and Theranda[29])? IS it because they served Serbia?! Shortly after the war had ended, after about two years of work, UNMIK, at the suggestion of the LDK leader, on November 17, 2001 warned us against opening the exhibition entitled: “SERBIAN GENOCIDE IN KOSOVO 1844-1999”, declares historian Pr.Dr. Hakif Bajrami.

Mr. Chief Justice, it would take entire volumes to list all the crimes, where  and how they were committed by the Serbian army in Kosovo during their war against the KLA. But, if The Specialist Chambers is interested they can find them published by the HUMAN RIGHTS WATCH organisation entitled “Under the power of orders. War crimes in Kosovo”, a publication of 635 pages, October issue 2002, in London, Washington, New York and Brussels.

It is to tell you that they can’t charge the KLA with crimes of all sorts that I have written all of the above; the KLA has fought in the name of the Albanian people in Kosovo and the entire Albanian nation, nurturing no sentiment of revenge against any particular Serb or Albanian individuals, but out of patriotic passion, because there is no greater passion than love for the homeland. The KLA symbolised the hatred of an oppressed people against an oppressive state. You French people must understand this better than anyone else, Mr. Guillou, because you were the first to overthrow the absolute oppressors and the blood shed has written the brightest pages of your history.

Mr. Guillou, I am sure that you are well aware of all the sufferings inflicted on my people by centuries- old Serbian barbarism which is the one to blame for the existence of Albanian territories amounting to three Kosovos if put together along the border of Serbia. Given your experience as a laywer and as a represenative of the prestigious French justice, I have no doubt that from judge you will turn into a defence lawyer for the KLA, just like lawyer Anatole de Monzie when he defended Avni Rustemin, further enhancing the prestige of the French justice.

 

Faithfully,

Colonel (DI)LAVER GOXHAJ

(Shpetim Golemi)

Military professor

                           Tirana, December 7, 2020

 

 

 

 

 

 

 

 

About admin

x

Check Also

Sa të gënjyer ishim !

/ Intervist që ia vlen të lexohet e rilexohet/ Intervistë me ish ...