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The Milosevic trial:
Revealing testimony by Rugova on the breakup of Yugoslavia
By Paul Mitchell
28 May 2002
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The sitting Kosovan president, Ibrahim Rugova, appeared as
a prosecution witness at the International Criminal Tribunal for
Yugoslavia (ICTY) in The Hague, where former premier Slobodan
Milosevic is indicted for crimes against humanity.
His testimony under cross-examination provided important insights
into the underlying causes of the break-up of Yugoslavia and the
role played by the United States in encouraging ethnic tensions
and the growth of Albanian separatism.
The indictment against Milosevic is that he planned, knew or
should have known about the murder and deportation of ethnic Albanians
during the Kosovo civil war in the year leading up to NATOs
bombardment in March 1999. At the trial Chief Judge Richard May
is determined to prevent discussion of events outside this period.
He frequently interrupts proceedings with comments like; We
are not going on with more and more opinions about history.
A comprehensive historical and political examination would undermine
the insistence by the Western powers that the disintegration of
Yugoslavia and the civil wars that followed were primarily, if
not solely the responsibility of Milosevic and his plan for a
Greater Serbia.
Rugova was just as reluctant to discuss any historical or political
reasons for the events in the former Yugoslavia. On several occasions
he made remarks like, I dont want to transform this
discussion into an ideological question, which Ive never
liked to do. He blamed the war in Kosovo on Milosevic for
having abolished the autonomy of Kosovo in 1989. But one of the
amici curiae [independent counsels called friends
of the court] asked that some historical discussion be allowed.
The limited exchange that followed gave some insight into how
militant Serbian and Albanian nationalism emerged as two sides
of the same process of social and economic disintegration in Yugoslavia.
Rugova studied literary criticism at university, including
a year in Paris under the philosopher Roland Barthes in 1976.
As a student at Kosovos Prishtina University, he became
editor of the student magazines Bota e Re (The New World)
and the scientific periodical Dituria (Knowledge). He later
became a professor in the Albanian Literature department at the
University, which appears to have been a hotbed of Albanian nationalism.
Another prosecution witness, Albanian literature lecturer Emin
Kabashi, complained to the court of the communist mentality
that prevailed at that time and infiltrated into the culture and
literature of the people and which replaced national culture.
He became a logistics officer for the Kosovo Liberation Army (KLA)
in 1997, after he realised, Only the path of war can bring
us freedom.
Rugova attempted to distance himself from such open support
for civil war, insisting that he only encouraged passive resistance
and was simply arguing for Kosovo to be designated as a republic,
as its legal status implied. Under the 1974 Constitution, Kosovo
was an autonomous province within the Republic of Serbia. It had
its own assembly and militia, the power of veto over federal decisions
and control of education and other public services. When Milosevic
asked Rugova, If Kosovo had the status of a republic, which
is what youre claiming, why then at the demonstrations in
1981 was the main demand for the formation of a Republic of Kosovo?
Rugova was clearly agitated about discussing events at the time.
In that year protests by students at Prishtina against poor living
conditions erupted into mass demonstrations that nationalists
diverted into calls for independence. They were violently repressed.
Rugova explained, They started a social unrest, yes. The
demand was ...that Kosova should have the name of a republic.
He added, but I dont see it necessary to talk about
these matters. This is the past. It relates to a state that no
longer exists. Milosevic wanted to raise 1981 because of
his claim that there was an Albanian Kosovar backlash against
the Serb minority.
It was at a mass demonstration of Serbs in 1987 at Kosovo Polje
when Milosevic spoke the words, No one should dare to beat
you, an event that marked his rise from little known functionary
to the number one Serbian nationalist leader. While Milosevic
positioned himself as the defender of the Serbian people, Rugova
became the champion of ethnic Albanian separatism. In 1988 he
became president of the Kosovo Writers Association, which
he described as, one of the first associations to stand
up for the cultural, national, democratic values of society.
The following year, 1989, saw the collapse of the Berlin Wall,
an event paralleled in Yugoslavia by the establishment of a plethora
of political parties. Rugova co-founded and became President of
the Democratic League of Kosova (LDK).
As the political and economic crisis intensified, Kosovo was
deprived of its autonomous status in March 1989. In July 1990
some members of the disbanded Kosovo Assembly issued a Statement
for Independence. In September 1991, three months after
Slovenia and Croatia declared independence, the LDK organised
a Kosovo-wide ballot for independence.
A coalition parallel government was formed, mainly
operating in Germany and Switzerland. Kosovars living abroad paid
a solidarity tax of three percent of their earnings. Within Kosovo
a virtual apartheid state existed. The LDK had contacts with Albanian
political parties, Bosnian parties and Turkish parties but not
with Serbian ones. In a damning admission Rugova said, In
fact, we didnt have any contacts [with Serbian institutions]
and we didnt see any interest.... What we did was recognise
ourselves as a parallel state. That was the beginning of the dismemberment
of the Federation, in fact.
Milosevic noted that a declaration of independence by a national
minority is contrary to the United Nations Charter and asked the
question, Do you know how many European states would have
to be disbanded if this schematic were to be applied? They would
fall apart. Judge May retorted, This is a purely
political point. Now, the indictment deals with the events in
1998 and 1999.
The amici curia Wladimiroff did come back to this question,
asking Rugova several times if he thought the declaration of independence
was compatible with the Yugoslav Constitution, in which Kosovo
was not an independent republic in the Yugoslav federation in
1998/1999, like Serbia or Montenegro, but a part of the Republic
of Serbia? Rugova never gave a straight answer, typically
saying, Please. I dont understand the question, and
I dont know why its being made.
In October 1991, the Albanian political parties of Kosova,
Macedonia, Southern Serbia, and Montenegro approved the Statement
with Three Options. The options were for Kosovo to be a
republic within the Yugoslav Federation, an independent state
or for Kosovo to be merged into a single Greater Albania.
Milosevic charged Rugova with favouring the latter option,
but Rugova insisted that the LDK, aimed to have Kosova a
republic equal to the other republics in the former Federation.
Milosevic presented the court with a 1995 newspaper report that
said, The Human Rights Foundation of the United States Congress
awarded its highest honour this year to Albanian democracy. In
October, it will be received by Dr. Ibrahim Rugova, President
of the Republic of Kosovo, and Sali Berisha, President of Albania.
Rugova said he did not remember an interview at the ceremony
in which he was asked, Can we also interpret the award that
you recently received as international approval of the idea of
uniting Kosovo and Albania? He is reported as replying,
Of course were also counting on that. To another
question in the same interview, Is Kosovos existence
within the borders of Serbia in a confederation still likely?
Rugova replied, That has not been in our programmes for
a long time. We want an independent, open Republic of Kosovo as
a neutral state between Serbia and Albania. That would be the
best solution for a certain period.
Albania was the only country to recognise Rugovas parallel
government. The official policy of the Western powers at the time
was to recognise that Kosovo was part of Serbia. Rugova pinned
his hopes on finding an international backer for Kosovan independence,
but the Dayton Agreement ending the Bosnian civil war in 1995
crushed this hope. Not only was there no mention of Kosovo, Milosevic
was promoted as the guarantor of Balkan peace for his efforts
at curbing the Bosnian Serb government.
The LDK pressed on, trying to get the Western powers to change
tack and intervene. According to Rugova, the LDK, established
relations with governments abroad, primarily perhaps with the
Americans, but also having good relations with other European
countries, including Germany, France, and the United Kingdom.
I think that Washington opened an office in Prishtina in 1996,
and that was shortly followed by a European Union office, also
in Prishtina.
Rugova claimed that the parallel government had no contacts
with the KLA, although, he admitted that Adem Demaci, spoke
for the KLA but not formally. At the grassroots, Rugova
admitted there were unofficial contacts with the KLA because many
members of his party had joined the armed movement.
When asked by Milosevic if he agreed with the well-known statement
by US Special Envoy to the Balkans, Robert Gelbard in 1998 that
the KLA was a terrorist organisation, Rugova replied, Perhaps
he made a statement of this kind, perhaps not. He insisted
that the KLA was set up by the patriots who wanted to fight
for the freedom of Kosova.
By February of 1999, the Western powers had shifted support
behind the KLA. Its leader, Hahim Thaci, was made leader of the
Kosovar delegation at the peace talks in Rambouillet.
The refusal of the Milosevic government to sign the Rambouillet
Accord was to provide NATO with an excuse for declaring war against
Yugoslavia. The accord was designed to be unacceptable to the
Yugoslav government, containing as it did provisions that would
have subjected the whole of Yugoslavia to NATO occupation. An
appendix granted NATO freedom of movement throughout all
Yugoslavia, i.e., Serbia and Montenegro as well as Kosovo.
The tenor of the talks was well illustrated by Rugova. He spoke
of how at one point, US Secretary of State Madeleine Albright
threatened, If you Albaniansthat is, Kosovarsfail
to agree with the agreement, we will isolate you and we will have
nothing to do with you. And she said likewise very clearly to
the Serb side: If you do not accept the agreement, you will be
bombed. And that was the end of the meeting.
After the breakdown of the talks, Rugova went back to Kosovo
and held a press conference saying, Its high time
that NATO took some action, that something must be done. That
happened on the 20th or 21st of March, 1999.
Several LDK leaders went missing, fuelling press speculation
that Milosevic had murdered them. Within a few days they reappeared
and newspapers printed pictures showing Rugova at a cordial meeting
with Milosevic.
Rugova and Milosevic signed an agreement giving Kosovo, extensive
self-government, along with the full respect for equality of all
citizens in national communities, the sovereignty and territorial
integrity of Serbia and Yugoslavia. It was noted that such an
approach constitutes a basis for a lasting and just solution.
He explained to the court that he expected his meeting with
Milosevic to be confidential, but the accused insisted that
it become public, and then it was publicised. He continued,
they thought that they could compromise me politically and
discredit me in the eyes of the Kosovar public, the Albanian public,
and they also wanted to foment conflicts on the Albanian political
stage among Albanians.
The agreement promised everything Rugova had been demanding,
but he claims he had signed it while under house arrest and in
fear for his life. Milosevic suggested another reason for their
meeting. He said, Mr. Rugova, you came to me, asking me
to save you and your family from a possible assassination perpetrated
by the KLA. Look me in the eyes and tell me whether that is true
or not. Rugova laughed at the suggestion, saying he was
not aware of any KLA killings: No. Not even individual cases
or an organised campaign.
In any event, Milosevic organised for Rugova to fly to Italy.
A few days later, on May 6, 1999, Rugova heard that his close
associate Fehmi Agani had been executed. Rugova alleges that Serbian
soldiers or paramilitaries were responsible. He claimed there
was no power struggle among the Albanians, saying, For the
accused, all these, our structures have always been criminal ones,
but I was never scared of them, of being killed by any Albanians.
When asked about press reports that KLA leader Hahim Thaci
ordered the murder of political rivals, Rugova said, I dont
know about these things. But after further questioning about
the killing of his own party members, including Haki Meri, the
president of the Srbica regional LDK, Rugova admitted, About
murders that took place after the war, we started investigations.
See Also:
The Milosevic trial: More questions raised
over Racak
[8 May 2002]
Behind the Milosevic
trial: the US, Europe and the Balkan catastrophe
[4 July 2001]
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