As we noted in our letter of May 4, 2001, serious violations of international humanitarian law, by either the NLA or government forces, fall within the jurisdiction of the International Criminal Tribunal for the former Yugoslavia (ICTY). Regrettably, both sides to the conflict have committed abuses that, considering their gravity, may fall within the tribunal's jurisdiction. Nonetheless, Macedonia remains legally responsible for prosecuting serious violations of international humanitarian law committed in the course of the recent conflict. As the U.N. Security Council recognized in establishing the tribunal, justice for such crimes is important to the re-establishment and maintenance of peace and security in the region.
International humanitarian law standards during internal armed conflicts can be found in Common Article 3 to the 1949 Geneva Conventions, to which Macedonia is a party. Common Article 3 protects civilians and non-combatants (including captured soldiers) from the most serious violations, including murder, torture and cruel treatment, the taking of hostages, outrages upon personal dignity, and summary executions.
Human Rights Watch has investigated and documented several cases of serious NLA abuses against Macedonian civilians. In a June 2001 incident, for example, NLA forces arbitrarily detained and tortured eight elderly ethnic Serb civilians from the village of Matejce, who were subjected to repeated mock executions. On August 7, 2001, uniformed members of the NLA kidnapped for several hours a group of construction workers on the Skopje-Tetovo highway, who were severely beaten and sexually abused. The Macedonian government and independent observers have also made allegations that the NLA has engaged in kidnappings, expulsion of civilians, and destruction of religious sites. These allegations warrant investigation and, if appropriate, prosecution. We therefore urge you to exercise your authority to ensure that no one shall enjoy immunity from prosecution for serious violations of international humanitarian law committed since the beginning of the conflict. Moreover, any amnesty should explicitly acknowledge that it in no way affects the jurisdiction of the International Criminal Tribunal for the former Yugoslavia or Macedonia's obligation to cooperate with it.
We also take this opportunity, Mr. President, to call on the Macedonian authorities to objectively investigate the serious abuses against ethnic Albanian civilians committed by the government forces, which Human Rights Watch and other impartial monitors have brought to the government's attention. We are particularly concerned by the failure of the authorities to initiate an effective and credible investigation of the August 2001 events in the village of Ljuboten, as well as by reports that ethnic Macedonian paramilitary groups continue to intimidate and assault civilians. We firmly believe that bringing to justice perpetrators of gross violations on both sides of the conflict will be essential to restoring inter-ethnic peace in Macedonia.
Respectfully,
Elizabeth Andersen
Executive Director
Europe and Central Asia Division
cc:
Mr. Stojan Andov, Speaker of the Macedonian Parliament
Mr. James Pardew, United States envoy to Macedonia
Mr. Francois Leotard, European Union's envoy to Macedonia
Lord Robertson, Secretary General, North Atlantic Treaty Organization
Gen. Heinz-Georg Keerl, NATO commander in Macedonia
Mrs. Carla Del Ponte, Chief Prosecutor, ICTY
