Kosovo’s war veterans’ associations—OVL UÇK, SHIL UÇK, and SHFD UÇK—have reacted to the submission of an amended indictment by the Office of the Specialist Prosecutor against former President Hashim Thaçi and other wartime companions, introducing a new form of criminal liability for “incitement” in obstructing official persons.
“This move clearly demonstrates the continuation of an unjust and biased approach toward key figures of Kosovo’s liberation war and state-building. The inclusion of Thaçi in a case that bears no connection to the previous charges for which he remains in detention indicates that the goal is not justice, but rather prolonging the process and deliberately tarnishing the reputation of those who symbolize our people’s resistance and freedom,” the statement reads.
The war veterans’ associations recall that since its inception, the Special Court has functioned as a political instrument, serving selective justice rather than true accountability.
“This court has turned into a tool of international injustice, where its actions are often politically motivated and in contradiction with the fundamental principles of criminal law. It is unacceptable that, in the name of justice, methods are used that resemble pressure tactics rather than the legal standards expected from an international court. The attempt to hold Thaçi criminally liable for visits permitted by the authorities themselves during his time in detention is baseless and politically motivated.”
The associations call on local and international institutions to reflect on the selective approach of the Special Court and to stop a process that is being used to rewrite history and stain the just war of the Kosovo Liberation Army (UÇK).
In the trial involving former President Hashim Thaçi, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu, and Hajredin Kuçi, the Specialist Prosecutor’s Office has submitted an amended indictment. The changes were made to paragraphs 43 and 46, specifically charges 1, 2, and 3.
According to the published document, on April 14, 2025, pre-trial judge Marjorie Masselot revised her previous decision confirming the indictment, thereby validating a new form of criminal liability against Thaçi, namely “incitement to commit the criminal offense of obstruction of official persons in performing their official duties.”
The Court of Appeals of the Kosovo Specialist Chambers in The Hague partially upheld the Prosecution’s appeal regarding the confirmation of the indictment, adding this new form of liability in the case involving obstruction of justice.
Bashkim Smakaj, Fadil Fazliu, and Isni Kilaj were arrested in Kosovo on December 5, 2024, and transferred to the KSC on December 6, 2024, based on confirmed indictments and arrest warrants issued by The Hague. Thaçi was served his arrest warrant at the detention facility in The Hague on December 5, 2024. Hajredin Kuçi received the confirmed indictment and summons to appear before the pre-trial judge for his initial appearance, which took place on December 9.
Thaçi faces three charges of obstruction of official persons in performing their duties, three charges of violating the confidentiality of proceedings, and four charges of disobeying court orders. Kilaj, Smakaj, and Fazliu are charged with attempted obstruction and disobedience of court orders, while Kuçi faces two charges of disobeying the court.
