An Unfinished Justice: How International Community Traded Justice for the Stability in Kosovo

Abstract

Although, there is a considerable literature which analyzes the UN Mission in Kosovo from different perspectives, limited attention has been given to the mission’s contribution in confronting with war crimes and crimes against humanity in Kosovo committed by the Milosevic regime against Kosovo Albanians during the 1998-1999. This article intends to provide a comprehensive analysis of international justice mechanisms – UNMIK and the ICTY – in dealing with the past injustices in Kosovo by identifying their flaws and shortcomings, as well as exploring factors that impacted their performance and effectiveness. By using the existing literature, international organizations’ reports, governmental documents, and media articles, the article argues that international community failed to deal with transitional justice issues in Kosovo – fighting impunity and delivering justice to victims as well as strengthening the rule of law and achieving reconciliation between the communities. In its endeavors to documenting the past crimes, international mechanisms relied mainly on retributive justice whilst ignoring restorative and reparation measures under justifications to preserving peace and stability in Kosovo. Regretfully, seventeen years after the war, justice in Kosovo remains an “unfinished business,” with a potential of negative implications to peace and reconciliation amongst the ethnic groups.