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Constructing Justice As appeared in Koha Ditore, June 28, 1999 Last Friday Human Rights Watch released a statement criticizing the KLA for committing human rights abuses against ethnic Serbs, as well as against some ethnic Albanians and Roma, in the western part of Kosovo. Yesterday I gave an interview to the BBC Albanian section about the issue, but I wish to explain a bit more of the position, organizationally and personally. First of all, I commend the BBC for requesting the interview. I was eager to see how the Albanian-language media would respond to this report of abuses committed by Albanians. I believe it is extremely important at this stage to speak openly about all developments, good and bad. To reiterate our findings, we have documented some very clear cases over the past two weeks of abuse by Albanians against Serbs in Kosovo. There is no question that looting, burning of homes, beatings, and some killings have taken place. Some of the perpetrators are civilians and criminals, maybe even from Albania, but many have also been in KLA uniform. At this point, there is no evidence to suggest that these abuses are systematic. That is, I do not believe that there has been an order from the KLA leadership to commit these crimes. Rather, they seem to be random acts of violence in a lawless environment. Clearly, I understand why this is happening. The Albanians in Kosovo have suffered unspeakable atrocities that are well documented. The Serbian government's organized campaign of ethnic cleansing involved extreme brutality that destroyed many homes and families. It is predictable and natural that Albanians would return home traumatized and furious. But vengeful violence is not the answer. First of all, the murderers have left Kosovo. Most Serbs who committed serious crimes are not sitting in Prizren or Pec. Left behind are the very young or very old, and those with no chance of leaving. Or perhaps those who say to themselves: "There is no reason for me to leave because I did nothing wrong," -- something I heard many Albanians say over the past year when they stayed in their villages as the Serbian police approached. But even if the criminals remained, revenge is wrong, both legally and morally. It will contribute to a lawless environment in Kosovo, where the strongest and most violent prevail. It will also further promote the cycle of violence that the Serbian government began. I hope that the Albanians in Kosovo will have the strength and dignity to break that cycle. I understand the overwhelming anger and frustration and the human need to strike out at injustice, but blind violence is a dangerous act that creates, rather than solves, problems. Criminals must face justice. But this must be done through civic institutions, like an independent judicial system, where people can be accused, fairly tried, and convicted (if found guilty). Such structures are essential for all people if Kosovo is to become a normal and civil environment, whatever its political status. All Albanians will benefit in the future if these structures are established from the beginning. The Albanian political forces in Kosovo, especially the KLA, should publicly and vociferously condemn these acts of violence. The KLA should punish soldiers who don't respect the law. These steps do not belittle the intense suffering of the Albanians or equivocate recent crimes with the atrocities committed by Serbian forces. They make a powerful statement that evil will be met with justice, rather than with more evil. At the same time, Kosovo's intellectuals and professionals must begin building the civic structures that are required for a democratic society. Along with the rebuilding of homes, schools, and hospitals must come the construction of free courts, a depoliticized police, independent media, non-governmental organizations, and community bodies. These are the foundations of a peaceful and prosperous Kosovo. Fred Abrahams, Senior Researcher, Human Rights Watch
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