EDITORIAL BY FLAMUR BUÇPAPAJ When Justice Becomes a Political Weapon: The Threat to Kosovo’s Independence

EDITORIAL BY FLAMUR BUÇPAPAJ
When Justice Becomes a Political Weapon: The Threat to Kosovo’s Independence
The decision of the Prosecutor’s Office in The Hague against the leaders of the Kosovo Liberation Army is not an ordinary legal case. It is part of a deliberate political and ideological process aimed at distorting the history of the war in Kosovo, equating the victim with the aggressor, and ultimately undermining the foundations of the state’s independence. This process is not merely legal; it is a political instrument designed to create historical guilt, delegitimize the liberation struggle, and justify propaganda narratives of the Serbian state and Russian influence in the region.
The cause of this process is directly linked to the attempt to present the KLA as a criminal organization and to relativize the violence committed by the Serbian state. The KLA’s war did not arise in a vacuum; it was a response to decades of repression, discrimination, political arrests, and ethnic cleansing of the Albanian population in Kosovo. Ignoring this context means criminalizing resistance itself while absolving the aggressor. It is precisely this reversal of cause and effect that turns the indictment into a political attack rather than a legal act.
The Prosecutor’s claims that specific individuals bear criminal responsibility are unclear and often based on assumptions. Where are the written orders, material evidence, and command chains that directly link a criminal act to an individual? Where are the scientific proofs, forensic expertise, and cause–effect connections that could justify such a conviction? In the absence of these elements, any life sentence becomes a political act rather than justice.
The circumstances of war are just as important as the act itself. Kosovo was under occupation, with no functioning judiciary, no police to protect civilians, and no basic state institutions. In such extreme conditions, every action of the KLA must be evaluated in light of population protection and survival. War does not take place in a legal laboratory, but on dangerous terrain where morality, survival, and urgency often intertwine. The distinction between personal responsibility and historical responsibility is crucial and must be respected.
This process has profound consequences for Kosovo and its future. By delegitimizing the liberation struggle, it also delegitimizes the state that emerged from it. Such a state becomes vulnerable in international dialogue, weakened in negotiations, and opens the door for foreign interference. Additionally, it sets a dangerous global precedent, where any liberation movement could be criminalized post-conflict according to the political interests and strategies of major powers.
The crimes committed by Serbia—massacres of civilians, systematic rapes, forced displacements, mass graves, and disappearances—are documented by international organizations and are undeniable. Yet, they are treated peripherally, while KLA crimes are analyzed in detail. This selective differentiation is not only unjust but also a threat to Kosovo’s international legitimacy. It creates a false narrative in which guilt is artificially distributed, while the aggressor is exonerated.
To make this more concrete, consider documented examples. Reports from international justice and human rights organizations have clearly evidenced crimes committed by Serbian forces during the war: the Račak massacre, systematic rapes in Podujevo, ethnic cleansing and burning of villages in Drenica. These are facts documented by Human Rights Watch and Amnesty International, whereas in the KLA trials, testimonies of war actors are used fragmentarily and often for political interpretation.
The decision to create the Kosovo Specialist Chambers, approved by the Kosovo Assembly, was a historical mistake. This selective mechanism was not applied to the aggressors and served only to prosecute the liberation side. Kosovo accepted being judged on its very existence, violating the principles of universal justice and creating a dangerous precedent for the future.
In 2026, any verdict imposing life sentences without scientific evidence, forensic expertise, and clear cause–effect connections is a political crime. Criminal law requires facts and evidence, not assumptions or intentional interpretations. Any deviation from these standards transforms justice into a tool of pressure and weakens the state.
The consequences for Kosovo are existential. Delegitimizing the liberation struggle, combined with silence over Serbian crimes, weakens the country’s international position, increases pressure in political dialogues, and allows destabilizing interventions by foreign powers. In this context, Russia benefits from any weakness, while anti-Western and anti-Kosovo narratives are strengthened.
International allies, especially the United States, have a historic responsibility to protect Kosovo’s legitimacy and independence. Tolerating a court that targets the liberation struggle while remaining silent on Serbian crimes is contradictory and dangerous for regional stability. Influential figures like Donald Trump and other American actors must intervene immediately to restore equal justice and defend the Kosovar state.
Ultimately, the question remains: where is the evidence? Where are the indisputable facts that justify this declared guilt? Where is the legal science that links every action of the accused individual? As long as these questions remain unanswered, any life sentence without evidence will be seen as a political act and an attack on Kosovo’s independence.
This process is not merely legal. It is a battle for historical truth, moral justice, and the very existence of the Kosovar state. If the liberation struggle is criminalized, the state itself is criminalized. Kosovo is not defending particular individuals; it is defending its right to exist as a free, legitimate, and sovereign state.
Every citizen and institution must understand the gravity of this moment. If we do not defend historical truth and moral justice, we lose the legitimacy and independence of the state. History will judge those who remain silent or tolerate injustice and will see in this process an existential threat to the freedom of the Albanian people in Kosove