War Crimes Adjudication
Chief Prosecutor Carla Del Ponte and Deputy Prosecutor Graham Blewitt have indicated that the local justice system may also adjudicate war crimes beyond the ICTY's caseload. Human Rights Watch is particularly concerned about the implications of this policy for women who suffered rape and other forms of sexual violence in Kosovo. Based on testimonies from eyewitnesses and victims of rape, Human Rights Watch concluded that Yugoslav soldiers, Serbian police, and paramilitaries deliberately used rape and the threat of rape to terrorize the civilian population, extort money from families, and push people to flee their homes. Human Rights Watch found credible accounts of ninety-six cases of sexual assault committed by Serbian forces during the NATO bombing campaign; the actual number is probably much higher. These rapes and sexual assaults shattered women's lives in Kosovo. The OSCE report on bias and discrimination faced by rape victims in the criminal justice system causes concern that neither the victims of rape — nor the perpetrators of the rapes — will receive fair and impartial trials.

For adjudication of war crimes by local tribunals, we make the following recommendations:

• develop a witness protection program for vulnerable witnesses;

• provide training for prosecutors, law enforcement authorities, and judges on international humanitarian law;

• create a defendants' bar equipped to provide zealous advocacy on behalf of those accused of war crimes;

• appoint two international prosecutors to the prosecutor's office of the Kosovo Supreme Court to review all war and ethnically-motivated criminal cases and genocide charges in order to ensure the sufficiency of evidence to support the indictment;

• create a court victims' advocacy program in cooperation with local women's NGOs; and

• continue to monitor these cases closely to preclude bias, intimidation of witnesses, and lack of due process.

Violence against Minorities, Political Moderates, and Women
We remain alarmed by the security situation in Kosovo. Brutal violence against minorities, political moderates, and women continues with impunity. The murder of four Ashkali (Roma) returnees on November 10 and the November 23 killing of Xhemajl Mustafa, an aide to Ibrahim Rugova, underscore the need for a greater efforts to provide security for minorities and Albanian political moderates. We urge you to exercise your leadership and expertise to reinvigorate the response of international civilian and military authorities to violence against minorities and political leaders in Kosovo, notably by a more concerted effort by civilian police, peacekeepers and the courts to identify and punish those individuals and groups who are responsible for such attacks.

UNIFEM has recently reported high levels of violence against women in the post-conflict period and the International Organization on Migration has confirmed extensive trafficking of women into the province for forced prostitution. Human Rights Watch encourages UNMIK to increase training for the Kosovo Police Service and other law enforcement authorities on violence against women, including domestic violence, sexual violence, and the trafficking of persons. Without such programs to combat these abuses, violence against women in Kosovo will continue with impunity for the perpetrators. Human Rights Watch recommends that UNMIK provide leadership, in cooperation with local non-governmental organizations, in implementing the recommendations made in the UNIFEM report, including:

• creating SOS-telephone lines for victims of domestic violence;

• developing rape counseling services;

• opening of shelters for victims of domestic violence and victims of trafficking;

• developing public education programs to de-stigmatize rape and other forms of sexual violence.

Inclusion of Women in Post-Conflict Reconstruction and Decisionmaking
Women's right, on an equal basis with men, "to participate in the formulation of government policy and the implementation thereof" is guaranteed by the Convention on the Elimination of all forms of Discrimination against Women (CEDAW). In Bosnia and Herzegovina and in Kosovo, women have found themselves sidelined during reconstruction, resulting in discriminatory policies that do not adequately address the needs of women or their families. The involvement of local women leaders is particularly important in preventing sex discrimination during the reconstruction period: their involvement facilitates dissemination of information through networks of women's non-governmental organizations and increases women's access to resources. We hope that as chief administrator of UNMIK you will seek out the views and opinions of leaders of the women's movement and advocates of women's human rights.

Again, we congratulate you on your appointment. If we may be of any assistance, please do not hesitate to call upon us.

Yours sincerely,

Regan Ralph
Executive Director
Women's Rights Division