A/HRC/37/55/Add.1 and 80 Orthodox churches and monasteries that were attacked in its aftermath (approximately 40 of which were damaged and 40 completely destroyed).24 81. She is pleased to note that three trials were conducted by the Tribunal in this regard, including two cases against Serb political and military officials and police in which all but one defendant were found guilty of persecution for wanton destruction of cultural monuments and religious facilities of Kosovo Albanians. 25 In Prosecutor v. Vlastimir Đorđević, the destruction in question was determined to be “coordinated and preplanned”.26 According to the Trial Chamber in that case, “With regard to the crime of the wanton destruction or damage of Kosovo Albanian religious sites … this widespread destruction was committed with persecutory intent as symbols of Kosovo Albanian heritage and identity, and … was part of the common plan. In particular, the fact that the mosques were targeted in coordinated and pre-planned actions of the Serbian forces ⸻ often with the use of explosives and detonating equipment ⸻ from the first few days of the [North Atlantic Treaty Organization] campaign, persuade the Chamber that their destruction was part of the plan to terrorize the ethnic Albanian population into leaving Kosovo.”27 It is urgent that the relevant judgments be widely taught and publicized in Serbia and Kosovo. 82. Unfortunately, as most of the Serbian Orthodox sites that were damaged were attacked after the signing of the Military-technical agreement between KFOR and the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia (Kumanovo Agreement) that terminated the mandate of the International Tribunal for the Former Yugoslavia for the Kosovo situation, these grave incidents were not dealt with by the Court. Moreover, those responsible for the destructions of only some 20 of the mosques destroyed in 1999 were brought to justice by the Tribunal. Both accountability for all perpetrators and dissemination of comprehensive information about all the destructions from this time period remain critical outstanding tasks. They are necessary both for affording justice for past destructions and for creating a climate in which future destructions are less likely. Such destructions should be memorialized collectively, in close consultation with relevant populations and recognizing both particular connections to sites and their broader importance. 83. The past destructions of cultural heritage are an integral part of other atrocities and crimes committed against people and of the suffering inflicted. Accountability for these violations of international law remains essential. The Special Rapporteur appreciated the letter of the President of Kosovo, sent during her visit, calling for prosecutions in these areas. Full, impartial and inclusive implementation of this important initiative is imperative. Unfortunately, one year later there have been no further developments in this regard. 84. Many of the sites the Special Rapporteur visited in Kosovo had been damaged or destroyed in 1999 or 2004, such as the Bayrakli mosque and the old bazar in Peć/Peja or the Church of Saint Georges in Prizren. But she also visited the historic centre of Prizren, where many cultural heritage buildings have been destroyed, damaged or threatened more recently by urban development projects. Meaningful consultations must be undertaken regarding decisions about urban development that affect cultural heritage. The Special Rapporteur noted the particular challenges and difficulties facing cultural heritage defenders who raise these issues, and is concerned at reports that some of them have been threatened, including by private actors from the field of business. 24 25 26 27 Andrew Herscher and András Riedlmayer, Destruction of Cultural Heritage in Kosovo, 1998-1999: A Post-war Survey, expert report for the International Tribunal for the Former Yugoslavia, 2001. This study was based on fieldwork carried out between 1999 and 2001. See Targeting History and Memory: The ICTY and the Investigation, Reconstruction and Prosecution of the Crimes against Cultural and Religious Heritage, available at http://heritage.senseagency.com/#kosovo. International Tribunal for the Former Yugoslavia, Trial Chamber II, Prosecutor v. Vlastimir Đorđević, case No. IT-05-87/1-T, judgment of 23 February 2011, para. 2151. Ibid. 15