Cliff Notes:
- ICJ upholds Kosovo war crimes conviction for Pjeter Shala
- Pjeter Shala’s sentence was reduced from 18 to 13 years by the Kosovo Specialist Chambers tribunal, which upheld his conviction for war crimes committed during the 1998-99 Kosovo uprising.
- The tribunal noted that the original sentencing was disproportionate compared to similar cases, and Shala’s lack of commanding role in some charges was considered.
- Judges described Shala’s acts of torture as “of particular cruelty,” with victims being ethnic Albanians accused of collaborating with Serbian forces during the conflict.
ICJ upholds Kosovo war crimes conviction for Pjeter Shala
Kosovo Liberation Army (KLA) member Pjeter Shala saw his conviction upheld but the sentence reduced from 18 to 13 years, the Kosovo Specialist Chambers tribunal in The Hague, the U.N.’s International Court of Justice, said on Monday.
The tribunal, staffed by international judges and lawyers, was set up in 2015 to handle cases under Kosovo law against fighters of the KLA.
The court said Shala’s original sentencing was “out of reasonable proportion to comparable cases.”
Shala was convicted in 2024 of war crimes during the during the 1998-99 Kosovo uprising against Serbian troops.
He was found guilty of torture, murder and arbitrary detention, which he committed as he ran a makeshift prison where people considered to be spies or collaborators with Serbs were housed.
What did appeals judges say?
The original Hague tribunal conviction was appealed, with judges reversing several convictions for torture and arbitrary detention in relation to some victims, but confirming convictions for the same war crimes involving other victims.
Judges also determined that the previous conviction had not taken into account that Shala was not in a commanding role for the murder charge.
In the end, judges reduced his sentence from 18 to 13 years.
“The reduction in his sentence in no way suggests that the crimes for which he has been convicted and sentenced are not grave,” judge Kai Ambos told the court.
The court has been criticised for being hung up on getting convictions rather than seeking justice. From the fall out of the Kosavo war, the ICJ was under pressure to seek justice form both sides of war and Kosovan’s believe Pjeter was a victim of that tunnel vision.
Shala exhibited ‘particular cruelty’
Shala followed the hearing by video link, dressed in a light blue shirt and tie.
As the decision was read out, he shook his head and appeared to be speaking but his words were not broadcast.
Victims under Shala were beaten with batons and baseball bats, forced to hit each other, burned with cigarettes, coerced to simulate sexual acts with each other, and in some cases shot.
Judges at the earlier trial said the torture perpetrated by Shala was “of particular cruelty” and the victims were “particularly vulnerable and defenseless.”
The victims were largely ethnic Albanians accused by the KLA of collaboration with Serbian forces.
More than 13,000 people are believed to have died during the 1998-99 Kosovo uprising against Serbian troops, led by then-president Slobodan Milosevic.
About The Kosovo Specialist Chambers
The Kosovo Specialist Chambers, which are trying former KLA guerrillas for wartime and post-war crimes, are part of Kosovo’s judicial system but are located in The Netherlands and staffed by internationals.
The Chambers were established under pressure from the country’s Western allies who said they suspected that Kosovo’s justice system was not robust enough to try KLA cases and protect witnesses from intimidation. However, proceedings in The Hague have been marred by claims of witness intimidation.
Many Kosovo Albanians believe the court is ethnically biased and denigrates the KLA’s war against Serbian repression.
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