I am saying this from the beginning, so that there is no misunderstanding, I do not agree with the decision of The Hague against Hashim Thaçi and others. I do not agree with the way in which this process was conducted, for which there were, in my view, serious deviations from the standards of a fair and orderly process. And even less do I agree with the political, historical and human consequences that this decision may produce.
But for this very reason, I cannot blame The Hague alone.
I even think it would be very easy to do this.
Saying that "The Hague is guilty",
"The judges are guilty", "The prosecution is guilty" or
"The internationals are against us", is the simplest. Blaming some outside of us, to whom we have nothing to do, is an excuse. Hand-washing. A useless solidarity gesture that we often make to each other in such cases.
I think the truth is more bitter. That trial was not born in The Hague.
That trial was born much earlier. It was born in our conflicts. In our clashes.
It was born from our inability to settle accounts within ourselves.
It was born in the Albanian who denounces the Albanian. In the Albanian who testifies against the Albanian.
Worse still, in the rage of warrior against warrior.
I believe you know that that trial was based on the abundant testimony of Albanians. It was also based on the testimony of KLA fighters against each other.
Painful to the core!
The Hague simply took this evidence, put it in a courtroom, and gave it the form of a criminal trial.
This doesn't make The Hague right, of course. But it doesn't make The Hague the author of everything either.
But let us not forget, along with the injustice of The Hague, these questions:
Who provided The Hague with the human material for this trial?
Who spoke?
Who testified?
Who told stories from the inside?
Who spoke about commanders, structures, prisons, detentions, conflicts, and events that they claimed to have experienced or seen?
To a significant extent, they were Albanians.
And this is the part that hurts the most.
Not because an Albanian should not testify.
On the contrary.
If an Albanian has seen a crime, he should speak.
If he is a victim, he should speak.
If he has a truth to tell, he should tell it.
The problem is not the Albanian who tells the truth.
The problem is the old Albanian culture that uses the foreigner as the judge of the conflict with the Albanian.
Oh, how good they are... a witness, hey!
Now, after the verdict, there is no point in shouting "The Hague sentenced us!" The Hague did not write that verdict alone.
If until yesterday we considered The Hague the institution where an Albanian could go to testify for another Albanian, we cannot say today that The Hague is illegal just because the decision affected the Albanian it defends.
You can challenge the decision.
You have to analyze it.
You can challenge the evidence.
You can criticize the procedure.
You can appeal.
You can say that the court made a serious mistake.
But you can't erase the history that led to this.
This would be the easiest way to avoid the more difficult question, “Why did Albanians hand over each other’s trials to a foreign court?”
On the other hand, I don't think a people is not humiliated by the fact that they have witnesses.
But they are humiliated when they fail to resolve their conflicts without seeking a foreign arbitrator.
And here's the difference.
I don't want to blame the victim.
I don't want to blame the witness.
I don't want to relativize anything.
I want to dwell on a political and social mentality that has followed us for a long time:
when you can't defeat an Albanian with an argument, look for a foreigner;
when you can't defeat him with a vote, look for the prosecutor;
when you can't defeat him with justice, look for the judge;
and when the judge rules against you, blame the judge.
This is our vicious circle, which we come to terms with in the most terrifying way possible.
That's why I don't blame The Hague.
Not because I agree with it.
Precisely because I disagree with it. I want to challenge it with arguments. With evidence. With law. With due process standards. With appeal.
Not with oblivion.
Because if we say that The Hague is guilty of everything, we are doing ourselves a false favor.
We are avoiding the painful question.
How did we, Albanians, get here?
How did we manage to have part of our war, our history, and our conflicts within the KLA end up in a courtroom in The Hague?
And perhaps this is more serious than the decision itself.
Because The Hague can be wrong and the decision can change.
But if we do not change what constantly leads us to Albanian against Albanian, no court decision will save us from ourselves.
The bitter truth is not only what The Hague decided.
The bitter truth is that part of the trial of Albanians against Albanians took place in The Hague.