A/HRC/13/40/Add.3
1999, the withdrawal of Serbian military and police forces from Kosovo in June 1999, and
the subsequent creation of an interim international administration.
53.
In this regard, the International Criminal Tribunal for the former Yugoslavia has
recently convicted some former high-ranking Yugoslav and Serbian political, military and
police officials for crimes against humanity (deportation; other inhumane acts: forcible
transfer; murder; and persecutions on political, racial or religious grounds pursuant to
article 5 of the Tribunal’s Statute) as well as for violations of the laws or customs of war
(murder pursuant to article 3). In its judgement of 26 February 2009, the Trial Chamber
found that there was a widespread and systematic campaign of violence directed against the
Kosovo Albanian civilian population during the course of the NATO airstrikes in 1999,
conducted by forces under the control of the Federal Republic of Yugoslavia and Serbian
authorities, during which there were incidents of killing, sexual assault, and the intentional
destruction of mosques.24 The Presiding Judge emphasized that the deliberate actions of
these forces during this campaign caused the departure of at least 700,000 Kosovo
Albanians from Kosovo in the short period of time between the end of March and
beginning of June 1999.
54.
The Special Rapporteur noted that the people in Kosovo are still struggling with the
aftermath of those traumatic times. They are facing a huge challenge in shaping a common
future in which the rights of religious minorities must also play a central role. According to
the Special Rapporteur’s experience, healing comes through justice rather than through
revenge or reprisals. It is vital for every society to be based on the rule of law as well as to
respect and protect human rights, including freedom of religion or belief.
(b)
Situation of Serbian Orthodox Christians
55.
The Special Rapporteur was disturbed by the reports she received about looting,
arson attacks and violence against Serbian Orthodox believers and their places of worship
in March 2004. She was informed that numerous lives were lost and that 4,000 Serbs and
Roma were driven out of their homes. 36 Serbian Orthodox Churches, monasteries and
other religious sites were damaged or destroyed on 17 and 18 March 2004. The places of
worship that were attacked date as far back as the fourteenth century and two of them are
listed by UNESCO as major sites of universal significance. In addition, 76 monasteries and
churches had already been damaged or destroyed between June and October 1999. The
Special Rapporteur’s interlocutors also complained that some Serbian Orthodox
monasteries and religious sites were being presented by the Kosovo authorities without
mentioning their Serbian origin and cultural heritage.25 There are also long-standing
disputes about cadastral records concerning some land surrounding religious sites, for
example with regard to Visoki Dečani monastery. In addition, 5,250 tombstones in 254
graveyards were reportedly destroyed and many of the tombs were desecrated by scattering
around the bones. Many Serbs and Serbian Orthodox clergy are afraid when moving
outside of Serb enclaves since their convoys have reportedly been stoned.
24
25
16
International Tribunal for the Prosecution of Persons Responsible for Serious Violations of
International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991,
case no. IT-05-87-T (Prosecutor v. Milan Milutinović, Nikola Šainović, Dragoljub Ojdanić, Nebojša
Pavković, Vladimir Lazarević, and Sreten Lukić), Trial Chamber judgement of 26 February 2009,
available online at www.icty.org/case/milutinovic. Subsequently, appeal briefs have been filed by the
Prosecution and the Defence teams.
UNMIK and other key international players intervened on several occasions subsequent to complaints
of the Serbian Orthodox Church that the approach of the Kosovo authorities was aimed at
disregarding the cultural and historical identity of Serbian people in Kosovo. However, the Kosovo
authorities seem to persistently use the term “Byzantine” cultural heritage for Serbian Orthodox
monasteries and patrimonial sites in official reports and public presentations.