Serbia wants UN to investigate former UNMIK role in Haradinaj case

The President of Serbian National Council for Cooperation with UN's Hague-based Yugoslav war crimes tribunal Rasim Ljajic got a green light to file an official request with the office of UN Secretary-General Ban Ki-moon for investigations on Petersen's alleged role in UNMIK's failure to protect a series of witnesses in war crimes case against former Albanian guerrilla leader and ex-premier Ramush Haradinaj.

The Hague-based war crimes tribunal cleared Haradinaj of all charges last week, following a two-years-long trial into his role in 1998 conflict. The charges included rape, murder, illegal detention, torture and intimidation.

The judges' decision triggered a tide of negative comments in Belgrade, mainly due to the fact that UN prosecutors cried foul over UNMIK's failure to protect key witness during the rule of Petersen and his predecessor Joachim Ruecker.   

Serbia called the acquittal a "serious blow to the international justice" and another "humiliation of the victims" and blamed "Petersen and other persons" for obstructing investigation against Haradinaj and "therefore conscientiously and intentionally hampered justice".

The leading prosecution witness, commander of UCK's rival rebel formation called FARK, Tahir Zemaj, his son and nephew were shot and killed during the investigation and another witness, Kujtim Berisha, died two weeks before the trial when he was hit by a car in Montenegro.

In addition, Ilir Selmay was killed by a knife after a staged bar fight in which he had apparently attacked six people before they stabbed him. Bekim Mustafa and Avni Elezay were killed in shotgun attacks, while Sabaheta Tava and Isuk Haklay were killed in an assassination plot after which the cars with their bodies were put in flames.

The former chief prosecutor at the Hague tribunal, Carla del Ponte, had accused Petersen and other top UNMIK officials during investigations of charges against Haradinaj, her reports to UN Security Council said.

The Haradinaj case was also marred with disputes between Del Ponte and UNMIK, which allowed Haradinaj to take a semi-active part in Kosovo political life despite the war crimes charges brought up against him in early 2005.

UNMIK ignored the prosecutor's criticism, bending to the local pressure and wishful thinking that Haradinaj might help lower down the tensions between Serbs and Albanians in the volatile province.

The Haradinaj case was heading for disaster from the very beginning as top Western diplomats tried to block the indictment, suggesting that former guerrilla chief might turn out to be a main player in ethnic reconciliation in Kosovo

Former Prime Minister was the second top ranking guerrilla commander cleared of charges before the Hague war crimes tribunal, as judges came up with similar verdict two years ago in a case against Fatmir Limaj, top aide to Kosovo's Premier Hashim Thaci.

The Hague's failure to jail former rebel chiefs had deepened the Belgrade's skepticism towards the court, raising the doubt that two of the most wanted fugitives, former Bosnian Serb leaders Radovan Karadzic and Ratko Mladic might be arrested and transferred to tribunal.

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