An Expanded Analysis of Forms of Violence under International Humanitarian and Criminal Law

1. Legal Context of the Armed Conflict
The events that occurred in Kosovo during the period 1998–1999 took place within the framework of a non-international armed conflict, which, due to the degree of effective control and direct involvement exercised by the Federal Republic of Yugoslavia (Serbia), contained elements of an international armed conflict within the meaning of international humanitarian law (IHL)¹. This legal classification triggers the application of the 1949 Geneva Conventions, Additional Protocol II, and relevant norms of customary international law.
According to the established jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY), the existence of an armed conflict is determined by the intensity of hostilities and the level of organization of the parties involved². Both criteria were clearly met in Kosovo, thereby activating the full applicability of IHL.

2. Architecture of State Violence: Systematic and Organized Character
The violence perpetrated in Kosovo did not constitute a series of isolated or spontaneous acts. Rather, it formed part of a coordinated state policy, implemented by military, police, and paramilitary forces through hierarchical command structures and logistical support. Under international jurisprudence, such conduct satisfies the criteria of a “widespread or systematic attack directed against a civilian population”, a core contextual element for crimes against humanity³.

3. Forms of Violence and Their International Legal Qualification
3.1. Wilful Killings and Extrajudicial Executions
The large-scale killing of Kosovo Albanian civilians, including extrajudicial executions, constitutes a grave breach of Common Article 3 of the Geneva Conventions and a war crime under customary international law. When committed as part of a widespread or systematic attack against a civilian population, such killings also amount to crimes against humanity pursuant to Article 7(1)(a) of the Rome Statute⁴.
The Račak Massacre of 15 January 1999 exemplifies this form of violence, as the victims were unarmed civilians protected under IHL.
3.2. Forced Displacement, Deportation, and Ethnic Cleansing
The mass expulsion of Kosovo Albanians from their homes constitutes deportation or forcible transfer of population, expressly prohibited under international law. Such acts qualify as crimes against humanity under Article 7(1)(d) of the Rome Statute and as violations of Article 49 of the Fourth Geneva Convention⁵.
ICTY jurisprudence has confirmed that forced displacement in Kosovo formed part of a deliberate strategy aimed at altering the ethnic composition of the territory.
3.3. Enforced Disappearances
Enforced disappearances constitute a multiple violation of international law, including:
• the right to life;
• the prohibition of torture and cruel treatment;
• the right to recognition as a person before the law⁶.
Under international criminal law, enforced disappearance qualifies as a crime against humanity under Article 7(1)(i) of the Rome Statute when committed as part of a widespread or systematic attack.
3.4. Torture and Inhuman or Degrading Treatment
Acts of torture, severe ill-treatment, and degrading treatment of civilians and detainees constitute grave breaches of the Geneva Conventions and violations of the Convention against Torture (CAT). The prohibition of torture is absolute and non-derogable, even in times of armed conflict or public emergency⁷.
Under international criminal law, torture constitutes both a war crime and a crime against humanity pursuant to Article 7(1)(f) of the Rome Statute.
3.5. Sexual Violence and Gender-Based Crimes
Sexual violence, including rape, sexual slavery, and other forms of sexual abuse, represents one of the most severe violations of international law. International jurisprudence has recognized sexual violence as:
• a war crime;
• a crime against humanity;
• a potential act of genocide when committed with **specific intent (dolus specialis)**⁸.
In Kosovo, sexual violence was used as a method of terror, humiliation, and destruction of the social fabric of the Kosovo Albanian community.
3.6. Destruction of Civilian Property and Cultural Heritage
The deliberate destruction of civilian homes, religious buildings, and cultural heritage sites constitutes a violation of Article 53 of Additional Protocol I and a war crime under Article 8(2)(a)(iv) of the Rome Statute⁹. Such destruction aimed at eliminating both the physical presence and cultural identity of the Kosovo Albanian population.
3.7. Psychological Violence and Terrorization of the Civilian Population
Systematic intimidation, threats, sieges, and terrorization of civilians constitute violations of the fundamental principle of civilian protection. International jurisprudence has recognized psychological violence as an element of persecution and inhuman treatment under crimes against humanity¹⁰.

4. Genocide: Analysis of Material and Mental Elements
Within the meaning of the Convention on the Prevention and Punishment of the Crime of Genocide (1948), the forms of violence outlined above satisfy the material elements of Article II (a), (b), and (c). The central legal issue remains the establishment of specific intent (dolus specialis) to destroy, in whole or in part, a protected national group¹¹.
While the ICTY did not issue a genocide conviction specific to Kosovo, the pattern of conduct, scale of violence, and state-organized nature of the crimes remain subject to serious legal and scholarly analysis.

5. International Obligations of Justice, Memory, and Non-Recurrence
Under international law, states bear positive obligations to:
• conduct effective investigations into international crimes;
• prosecute those responsible; • provide reparations to victims;
• preserve historical memory as a guarantee of non-repetition¹².
The legal remembrance of crimes committed in Kosovo is not a political exercise but a binding obligation under international law, rooted in the principles of accountability, justice, and the rule of law.

Legal References
1. ICTY, Prosecutor v. Tadić, Jurisdiction Decision (1995).
2. Ibid.
3. Rome Statute of the ICC, Article 7.
4. Ibid., Article 7(1)(a).
5. Fourth Geneva Convention, Article 49.
6. ICCPR; International Convention for the Protection of All Persons from Enforced Disappearance.
7. Convention against Torture (CAT).
8. ICTY, Furundžija; ICC, Ntaganda.
9. Rome Statute, Article 8.
10. ICTY, Kordić and Čerkez.
11. ICJ, Bosnia and Herzegovina v. Serbia and Montenegro (2007).
12. UN Basic Principles and Guidelines on the Right to a Remedy and Reparation (2005).

The Land of Leka; 15.01.2026