Reality Demands Documenting Violations of International Humanitarian Law in Kosovo 1999 II CONTRIBUTORS This report is a resu lt of the work of numerous individuals, who cannot, unfortunately, each be named individually here, but all of whom are sincerely thanked. The following persons worked on the Humanitarian Law Documentation Project and contributed directly to the drafting and editing of the report: LORNA DAVIDSON AND SCOTT BRANDON (EDITORS) NICCOLO FIGA-TALAMANCA (PROJECT DIRECTOR) THEODORA ADEKUNLE EWEN ALLISON RICHARD BEDNAREK JONATHAN CINA CHRISTOPHER DECKER PAMELA DICKSON DANIELLE HICKMAN KOSAR HUSSAIN ANNA JACKSON BETTINA NEUEFEIND JILL O’HARA SIMON RIDLEY ANNE RUBESAME ALISON SMITH JOHN STOMPOR GIORGIA TORTORA JAMES WHOOLEY © Copyright 2000:International Crisis Group,149 Avenue Louise - Level 16,B-1050 Brussels,Belgium Cover photograph:International Crisis Group III The following pages are dedicated to our friend and colleague, Julia Ziegler, who was tragically taken away from us and her family in an accident in Kosovo on 12 November 1999. Julia gave so much of herself to the Project and to our welfare. Reality Demands was one of her favourite poems. We hope that this report in some way provides an insight into the commitment and compassion that she and so many others demonstrated in striving to meet the demands of reality in Kosovo. V REALITY DEMANDS Reality demands we also state the following: life goes on. At Cannae and Borodino, at Kosovo Polje and in Guernica. There is a gas station in a small plaza in Jericho, and freshly painted benches near Bila Hora. Letters travel between Pearl Harbor and Hastings, a furniture truck passes before the eyes of the lion of Chaeronea, and only an atmospheric front advances towards the blossoming orchards near Verdun. There is so much of Everything, that Nothing is quite well-concealed. Music flows from yachts at Actium and on board couples dance in the sun. So much keeps happening, that it must be happening everywhere. Where not a stone is left standing, there is an ice cream truck besieged by children. Where Hiroshima had been, Hiroshima is again manufacturing products for everyday use. VI Not without its draws is this terrible world, not without its dawns worth our waking. In the fields of Maciejowice the grass is green and on the grass is you know how grass is transparent dew. Maybe there are no fields but battlefields, those still remembered, and those long forgotten, birch groves and cedar groves, snows and sands, iridescent swamps, and ravines of dark defeat where today, in sudden need, you squat behind a bush. What moral flows from this? Probably none. But what really flows is quickly-drying blood, and as always, some rivers and clouds. On the tragic mountain passes the wind blows hats off heads and we cannot help but laugh. Wislawa Szymborska (translated by Joanna Trzeciak) First published in Ploughshares. Reproduced with permission of Joanna Trzeciak. VII TABLE OF CONTENTS ACKNOWLEDGEMENTS . X MAP OF KOSOVO . XI CHAPTER I INTRODUCTION . 1 CHAPTER II METHODOLOGY . 7 A. OUTLINE OF THE PROJECT . 7 B. 28 MAYTO 16 JULY 1999 . 8 C. 16 JULYTO 20 SEPTEMBER 1999 . 10 D. 20 SEPTEMBER TO THE END OF THE PROJECT . 18 CHAPTER III APPLICABLE LAW . 21 A. INTRODUCTION TO THE LAW . 21 B. ESTABLISHMENT AND JURISDICTION OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA . 25 C. GRAVE BREACHES OF THE GENEVA CONVENTIONS . 29 D. VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR . 32 E. GENOCIDE . 34 F. CRIMES AGAINST HUMANITY . 38 G. THE “ARMED CONFLICT”REQUIREMENT . 44 H. SUMMARY . 45 CHAPTER IV BACKGROUND AND GENERAL DESCRIPTION OF THE FRY / S E R B I A N CAMPAIGN IN KOSOVO IN 1999 . 47 A. HISTORICAL BACKGROUND . 48 B. THE FORCES INVOLVED IN THE KOSOVO CONFLICT . 49 C. THE CONFLICT UNTIL 16 OCTOBER 1998 . 60 D. DEVELOPMENTS OVER THE WINTER AND THE SPRING OFFENSIVE . 66 E. OVERVIEW OF THE FRY/SERBIAN CAMPAIGN FROM MARCH TO JUNE 1999 . 67 VIII REALITY DEMANDS CHAPTER V SEVEN MUNICIPALITIES IN KOSOVO: THE 1999 FRY/SERBIAN CAMPAIGN . 75 A.DECANE/DECANI . 76 1.INTRODUCTION . 76 2.THE CAMPAIGN IN DECANE,LATE MARCH-MAY 1999 . 80 3.A SHORT CHRONOLOGY . 81 4.CASE STUDY: BELEG . 86 5.EXPULSION FROM ISNIQ . 89 6.SUMMING UP . 94 B.GJAKOVA/DJAKOVICA . 97 1.INTRODUCTION . 97 2.CHRONOLOGICAL OUTLINE FROM MARCH TO MAY 1999 . 99 3.CONCLUSIONS . 111 4.CASE STUDY: MEJE . 113 5.THE TOWN OF GJAKOVE . 116 C.RAHOVEC/ORAHOVAC . 128 1.INTRODUCTION . 128 2.ACTIONS TARGETED AT THE CIVILIAN POPULATION IN 1998 . 129 3.REINFORCEMENT OF FRY/SERBIAN FORCES AND THE CAMPAIGN, MARCH-JUNE 1999 . 132 4.GENERAL CONCLUSIONS . 144 5.CASE STUDY: BRESTOVC . 146 6.CASE STUDY: CELINE . 148 7.CASE STUDY: KRUSHE E MADHE . 150 D. MALISHEVE/MALISEVO . 154 1.INTRODUCTION . 154 2.THE CAMPAIGN IN MALISHEVE FROM MARCH 1999 . 158 3.CHRONOLOGICAL OUTLINE . 159 4.GENERAL CONCLUSIONS . 166 5.BELLANICE AND GURBARDH . 168 6.MISTREATMENT OF IDPS . 172 E.ISTOG/ISTOK . 176 1.INTRODUCTION . 176 2.CHRONOLOGICAL OUTLINE FROM MARCH TO MAY 1999 . 177 3.SUMMARY CONCLUSIONS . 188 INTERNATIONAL CRISIS GROUP IX F. SUHAREKE/SUVA REKA . 189 1.INTRODUCTION . 189 2.ATTACKS AND OPERATIONS IN VARIOUS TOWNS AND VILLAGES . 191 3.SUMMING UP . 198 G. PRIZREN/PRIZREN . 200 1.INTRODUCTION . 200 2. ROUTES OF DEPARTURE IN PRIZREN . 202 3.CHRONOLOGICAL OUTLINE . 203 4.SUMMARY CONCLUSIONS . 210 H.CONCLUSION - A CATALOGUE OF POTENTIAL CRIMES . 212 CHAPTER VI LEGAL ANALYSIS OF THE FACTS AS DESCRIBED . 215 A. THE ARMED CONFLICT IN KOSOVO . 216 B. ARTICLE 2 - GRAVE BREACHES OF THE GENEVA CONVENTIONS . 221 C. ARTICLE 3 - VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR . 224 D. ARTICLE 5 - CRIMES AGAINST HUMANITY . 228 E. ARTICLE 4 - GENOCIDE . ..