[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] KOSOVO'S WARTIME VICTIMS: THE QUEST FOR JUSTICE ======================================================================= HEARING BEFORE THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ April 30, 2019 __________ Serial No. 116-28 __________ Printed for the use of the Committee on Foreign Affairs [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Available: http://www.foreignaffairs.house.gov/, http:// docs.house.gov, or http://www.govinfo.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 32-132 PDF WASHINGTON : 2019 -------------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. COMMITTEE ON FOREIGN AFFAIRS ELIOT L. ENGEL, New York, Chairman BRAD SHERMAN, California MICHAEL T. McCAUL, Texas, Ranking GREGORY W. MEEKS, New York Member ALBIO SIRES, New Jersey CHRISTOPHER H. SMITH, New Jersey GERALD E. CONNOLLY, Virginia STEVE CHABOT, Ohio THEODORE E. DEUTCH, Florida JOE WILSON, South Carolina KAREN BASS, California SCOTT PERRY, Pennsylvania WILLIAM KEATING, Massachusetts TED S. YOHO, Florida DAVID CICILLINE, Rhode Island ADAM KINZINGER, Illinois AMI BERA, California LEE ZELDIN, New York JOAQUIN CASTRO, Texas JIM SENSENBRENNER, Wisconsin DINA TITUS, Nevada ANN WAGNER, Missouri ADRIANO ESPAILLAT, New York BRIAN MAST, Florida TED LIEU, California FRANCIS ROONEY, Florida SUSAN WILD, Pennsylvania BRIAN FITZPATRICK, Pennsylvania DEAN PHILLPS, Minnesota JOHN CURTIS, Utah ILHAN OMAR, Minnesota KEN BUCK, Colorado COLIN ALLRED, Texas RON WRIGHT, Texas ANDY LEVIN, Michigan GUY RESCHENTHALER, Pennsylvania ABIGAIL SPANBERGER, Virginia TIM BURCHETT, Tennessee CHRISSY HOULAHAN, Pennsylvania GREG PENCE, Indiana TOM MALINOWSKI, New Jersey STEVE WATKINS, Kansas DAVID TRONE, Maryland MIKE GUEST, Mississippi JIM COSTA, California JUAN VARGAS, California VICENTE GONZALEZ, Texas Jason Steinbaum, Staff Director Brendan Shields, Republican Staff Director C O N T E N T S ---------- Page WITNESSES Jahjaga, Atifete, Former President, Republic of Kosovo........... 8 Williams, Dr. Paul, Professor, Washington College of Law, American University............................................ 27 Bytyqi, Ilir..................................................... 53 Krasniqi-Goodman, Vasfije........................................ 60 APPENDIX Hearing Notice................................................... 86 Hearing Minutes.................................................. 87 Hearing Attendance............................................... 88 ADDITiONAL MATERIALS SUBMITTED FOR THE RECORD BY CHAIRMAN ENGEL Written testimony of Mr. E. B.................................... 89 Written testimony of Mr. Liri Loshi.............................. 91 Written testimony of Mr. Liridon Markaj.......................... 93 Written testimony of Ms. Ferdonije Qerkezi....................... 95 Written testimony of Ms. H. U.................................... 98 Written testimony of Ms. N. N.................................... 100 Written testimony of Ms. Shyhrete Berisha........................ 102 KOSOVO'S WARTIME VICTIMS: THE QUEST FOR JUSTICE Tuesday, April 30, 2019 House of Representatives, Committee on Foreign Affairs, Washington, DC The committee met, pursuant to notice, at 10 a.m., in Room 2172, Rayburn House Office Building, Hon. Eliot Engel (chairman of the committee) presiding. Chairman Engel [presiding]. Good morning, everyone. The committee will come to order. Without objection, all members will have 5 days to submit statements, extraneous material, and questions for the record, subject to the length limitation in the rules. Let me, first of all, welcome our witnesses. This morning we will take a look back at the wars that ravaged the Balkans two decades ago and shine a light on how the victims in Kosovo are still seeking justice so many years down the road. In this committee, I find it often helpful to look back and consider what was happening on the global stage at different times in history, and there was a lot going on 20 years ago. In 1999, as we geared up for the new millennium, the euro was established; three former Soviet Bloc countries, Hungary, Poland, and the Czech Republic, became NATO allies; Boris Yeltsin resigned as President of Russia, turning over the reins of power to Vladimir Putin. And there was perhaps no more precarious situation than in the Balkans. The Bosnian War had recently ended, and the Dayton Agreement, concluded only a few months earlier, was only then entering its earliest implementation phase. But in Kosovo, things were much, much worse. After 10 years of crackdowns, violations of human rights, and severe ethnic discrimination, Slobodan Milosevic, the butcher of the Balkans, began a campaign to forcefully expel the ethnic Albanian population of Kosovo. In doing so, he displaced nearly 1 million people to countries around Kosovo, killed more than 11,000 ethnic Albanians, and initiated a policy leading to the rape of thousands of Kosovar women. Some 2,000 ethnic Serbs also lost their lives in the war. I would like to specifically call attention to a 2017 report from the Belgrade-based Humanitarian Law Center, HLC, titled, ``The Cover-up of Evidence of Crimes During the War in Kosovo: The Concealment of Bodies Operation.'' Now, according to HLC--this is what it said--``Since 2001, mass graves containing the bodies of 941 Kosovo Albanians, mainly civilians, killed outside combat situations in Kosovo during 1999, have been found in four locations in Serbia. The bodies found in mass graves belong not only to males, but also to females and children as well. The cause of their deaths in most cases was a gunshot wound, mainly to the head, suggesting that the victims did not die in combat, but as a result of execution-style killings. The decision to conceal evidence of crimes committed was planned as early as March 1999 at the highest level of the government. No one has ever been held accountable before courts in Serbia for the large-scale operation of concealment of bodies of Kosovo Albanian victims in mass graves.'' I want to repeat that because it is really shocking. To this day, ``No one''--20 years--``no one has ever been held accountable before courts in Serbia for the large- scale operation of concealment of bodies of Kosovo Albanian victims in mass graves.'' I also want to highlight the work of Human Rights Watch in calling attention to the victims of Belgrade's policy of forcible rape of up to 20,000 Kosovar women--20,000. In their report, ``Kosovo: Rape as a Weapon of `Ethnic Cleansing,' '' the Human Rights Watch laid out the case starkly. ``The research found that rape and other forms of sexual violence were used in Kosovo in 1999 as weapons of war and instruments of systematic `ethnic cleansing'. Rapes were not rare and isolated acts committed by individual Serbian or Yugoslav forces, but rather were used deliberately as an instrument to terrorize the civilian population, extort money from their families, and push people to flee their homes. Rape furthered the goal of forcing ethnic Albanians from Kosovo.'' But, to this day, 20 years later, there has been little to no justice for the victims. Those who lost loved ones or who were sexually assaulted themselves have been offered virtually no avenues to confront the perpetrators. Yes, the U.S. mission in Kosovo examined the crimes, but they did nothing to secure justice for the victims. EULEX considered several cases, but the effort was largely fruitless, leading to only a small number of convictions. The International Criminal Tribunal for the former Yugoslavia, the ICTY, indicted Milosevic, who later died in prison, but it has not achieved much else for the other Kosovars who suffered from his army's war crimes. Regardless of the fact that the vast majority of war crimes during the Kosovo War were committed by forces under Belgrade's command, the same number of Kosovar Albanians were indicted by the ICTY as Serbs, seven from each country. No one thinks people who committed war crimes should get away with their actions, but nothing underscores the unbalanced international justice arising from the Kosovo War more than this false equivalency. The United States and our European allies could have pressed for justice for the victims of Milosevic's brutality, but, for the most part, we failed to take any substantive action. Even worse, in my opinion, the United States forced Kosovo to create a so-called ``Special Court'' to address allegations of violations by members of the Kosovo Liberation Army, the KLA. So, let's see what this means. The Special Court addressed allegations of violations of the Albanian minority by members of the Kosovo Liberation Army, but did not do anything to the Serbs who committed such heinous acts of violence. Very, very unbalanced. No one is saying the KLA was somehow perfect and did not commit bad acts of its own, but let's be crystal clear. The vast majority of crimes--the vast majority--war crimes and crimes against humanity, were committed by the Yugoslav and Serbian security forces. That is a fact. There is no other way to look at what happened. No matter, said the United States and the EU, Kosovo needs a Special Court, and we proceeded to force it upon them. Regrettably, I went along with this, so the pressure could come off Pristina and the country could return to normal. All the while, did the State Department come down nearly as hard on Serbia, which committed the overwhelming bulk of the war crimes? Did we and our European allies demand that, in exchange for progress in EU ascension, Belgrade must address post- conflict justice? No, we did not. We dumped it all on Kosovo. Hence, Kosovo has a Special Court to investigate itself. Shameful and wrong, in my opinion. But, my friends, there may be a silver lining. The law creating the Specialist Chambers allows the prosecutor to indict anyone who committed war crimes in Kosovo during the war. But, to this day, it seems the court is only pursuing Albanians. I would suggest that anyone involved with this court pay attention right now. This committee will be monitoring the court closely to see that it addresses the perpetrators of all crimes which can be prosecuted under its jurisdiction, not only ethnic Albanians. In the bigger picture, I think the justice for the victims of the Kosovo War will never be achieved if we--and by ``we,'' I mean our State Department and the European Union--continue to sweep the whole thing under the rug. That is why this hearing is so important. It is critical that we hear firsthand from those who were brutalized at the hands of Belgrade in 1998 and 1999 and from those who are pressing for justice. We have an outstanding panel of witnesses this morning. I look forward to introducing them and hearing their testimony. But, first, I will yield to our ranking member, Mr. McCaul of Texas, for any opening remarks he might have. Mr. McCaul. Thank you, Mr. Chairman. Before we start this morning's hearing, I want to address the developing situation in Venezuela. The chairman and I both got a briefing from Ambassador Bolton. I think things are moving very rapidly, hopefully, in the right direction. I continue to stand with the Venezuelan people and Interim President Juan Guaido, and urge Maduro to step down to allow peaceful transition in Venezuela and refrain from violence against his own people. The Venezuelan people need the support of the international community now more than ever, and I hope my colleagues here from both sides of the aisle can stand together in support of this cause for freedom and democracy. Now to the subject of this hearing, the war in Kosovo was a terrifying conflict that brought tremendous suffering to the Balkans. Over the course of a year and a half, ethnic tensions and violence forced families from their homes, took the lives of innocent civilians, and left an untold number of people scarred for life. Many of us remember the gruesome images shown across our TV screens or printed in the newspapers. Refugees were crammed into trains and sent off to camps. A spokesman for the United Nations Refugee Agency at the time said he was reminded of ``the darkest days at the end of World War II with refugees streaming in all directions.'' We learned of horrifying war crimes that included torture, rape, and a program of ethnic cleansing carried out by Serbian forces. And by the end, there were 13,000 people that were dead or missing and over 1.2 million people had been displaced. It was a full-blown humanitarian crisis. This would be the last major conflict of the 20th century on a continent that is no stranger to war. And while an operation carried out by NATO helped bring the hostilities to a close in June 1999, the war never actually ended for many of its victims. The horrors have stayed with the people who were forced to endure them. Some survivors have yet to experience justice for the crimes that were committed against them. Although we have pledged to never forget what happened in Kosovo 20 years ago, there are people who feel as if they have already been forgotten. Too many war criminals and perpetrators have yet to be punished for their evil actions. And while this is a sad reality, we can still take action and do something about this. This hearing will allow us to discuss what happened and review ways to seek the justice that needs to be served. This morning we will hear directly from our witnesses who can share their stories about what happened to them and their family members. Their truths must continue to be told. And I want to personally thank each of the witnesses here today, and all of us commend you for your strength, your courage, your commitments to peace. Of note, I want to also welcome Ms. Goodman from my home State of Texas. I am hopeful that your testimoneys will shed light on these atrocities that were committed and inspire others who have yet to share their stories. I would like to, finally, thank Chairman Engel for holding this important hearing, and I urge my colleagues to find ways in which we can work together to find the justice that has so far eluded the victims of this conflict. And with that, I yield back. Chairman Engel. Thank you, Mr. McCaul, for your statement and thank you for your involvement. Let me, first, introduce the witnesses. I am pleased to again welcome these distinguished witnesses to the Foreign Affairs Committee. First of all, we are honored by the presence of the former President of Kosovo, Atifete Jahjaga. President Jahjaga has played a critical role in raising the stature of the victims of Belgrade's policy of forcible rape of Kosovo's women. Her work has helped raise awareness of how victims of wartime rape for too long sat in shame and silence. She helped to de-stigmatize the wounds, so that people could discuss their pain and be compensated. Among those who will share with us her tragedy today is Vasfije Krasniqi-Goodman. Ms. Krasniqi-Goodman made history when she became one of the first victims of Belgrade's campaign of sexual assault to speak publicly about what happened to her. I am deeply thankful for her courage and willingness to describe her, regrettably, unsuccessful attempts to seek justice for the crimes she endured. A true retelling of the horrors of the Kosovo War would not be complete without Ilir Bytyqi. The murder and mass burial of his three brothers--all American citizens, by the way--the murder and burial by Serbian security forces, that represents, in my opinion, one of the worst crimes of the conflict. Mr. Bytyqi, whom I know, thank you for sharing with the committee your family's experience. Finally, I would like to welcome Paul Williams, a professor at the American University's Washington College of Law. My daughter is a proud graduate of that school. He has worked with issues affecting Kosovo for many years. Our witnesses today, and so many others, still seek justice, and I look forward to Professor Williams describing what has happened with legal efforts in the past and what avenues still remain available. I will now recognize our witnesses for 5 minutes, each to summarize their testimony. We will start with President Jahjaga. STATEMENT OF ATIFETE JAHJAGA, FORMER PRESIDENT, REPUBLIC OF KOSOVO Ms. Jahjaga. Honorable Mr. Chairman of the committee, honorable ranking member, honorable members of the Foreign Affairs Committee, ladies and gentlemen, as I speak here today, I carry the burden of hundreds of thousands of lives that have been shattered by the war in Kosovo. They want their stories to be heard, and they demand justice for the crimes perpetrated against them. It is not a burden to take lightly. We would like to use this occasion to share their stories and seek support for our ongoing quest for justice. Around this time 20 years ago, NATO intervened in Kosovo to stop the ethnic cleansing of the Albanian population perpetrated by the Milosevic regime. We are forever grateful to the United States for its leadership in ending the war and opening a new chapter for Kosovo. Since then, we have been going through the tremendous task of dealing with grief and trauma, rebuilding our homes, building democratic institutions, and seeking justice, all at once. Our dignity and humanity were stripped away 20 years ago. The Albanians in Kosovo, as the democratic majority, were the target of some of the most grievous human rights violations. The Serbian police and military under the Milosevic control carried out widespread and systematic human rights abuses. Other ethnic minorities were caught up in between, and although not the target, suffered similar crimes. During an ethnic cleansing campaign, in less than 2 months, nearly 1 million Albanians were expelled from Kosovo. Inside Kosovo, in a crusade of killings, Serbian forces rounded up Albanian men and women of all ages in a door-to-door operation to summarily execute them. They perpetrated indiscriminate violence, separating families. They destroyed the social fabric of our community. During the Kosovo War, there were more than 100 mass killings, 74 of which were recorded. Over 13,000 people were brutally murdered in the war, according to the Humanitarian Law Center, including 1,230 children under 18 whose lives and dreams were instantly shattered, 80 percent of them Albanian. There are still over 1,600 missing. An estimated number of 20,000 women were raped, according to the Centers for Disease Control. Two-thirds of the homes and objects of historic value were burned to ashes. The devastation of war made a return to normalcy difficult. The war did not only influence interethnic relations, it also broke communities. The use of rape as a tool of war was meant to make war everlasting. I have met hundreds of women survivors of sexual violence. Their fearful experience is still vivid. They still suffer from physical injuries and severe PTSD. For many years, due to the stigma unjustly placed upon them, they were isolated, deprived of the life of opportunities, unable to even provide for themselves and their families. As a result, the vast majority of them live in dire economic conditions and in need of support. Still, every single one of them told me that, in order to move forward, they need recognition and justice more than anything else. While today very few cases have been prosecuted for this crime, there has been no conviction, not a single one. Ladies and gentlemen, the only way to help these women and men move past the horrors of the war is the justice. Kosovo has established a Special Court to ensure the mechanism of justice for any wrongdoing on our part. This has not been easy for us. It is beyond our comprehension that there have been more indictments issued for alleged crimes of the Kosovo Liberation Army than for the crimes of the Serbian forces committed in Kosovo, which were part of a plan, a blueprint drafted, orchestrated, and executed by the Milosevic regime. The main perpetrators of the most horrific crimes are still moving freely in Serbia and elsewhere. Serbian authorities even deny that atrocities in Kosovo occurred and continue to use Kosovo as a propaganda for internal political gains. The shadow of the war still lingers over Kosovo. It is present in the vivid memories and severe trauma of the survivors. It is present in the agony and desperation of the families of the missing people. It is present in the memory of the loved ones lost to the power lust of the brutal regime. Having experienced the devastation of war, all we want is a future in peace. That is why we are committed to the dialog to normalize relations with Serbia. We have already made all of the comprehensible compromises in order to reach peace with Serbia. From the Rambouillet Peace Agreement in 1999 to the Ahtisaari Plan in 2007, Kosovo has made painful compromises. However, under no circumstances will the people of Kosovo ever allow their hard-fought-for independence, serenity, or territory integrity to be placed into question. Justice for the crimes committed during the Kosovo War is long overdue, but it is not to be linked with a dialog with Serbia. Justice is not a matter of a negotiation. It is a legitimate right of everyone hurt by the war. This matter is bigger than politics and all of us. Justice is a precondition for the long-lasting peace. We owe it to the loved ones whom we lost and the survivors still living with the open wounds. And above all, we owe it to our future generation for them not to go through what we did. That is why today I call upon the esteemed Members of the U.S. Congress to take a stand for justice, to hold Serbia accountable for the crimes and ethnic cleansing in Kosovo. I thank you for the honor. [The prepared statement of Ms. Jahjaga follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Engel. Thank you, President Jahjaga. Dr. Williams? STATEMENT OF PAUL WILLIAMS, PROFESSOR, WASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY Dr. Williams. Good morning. Good morning, Chairman Engel, Ranking Member McCaul, and members of the committee. It is a honor to testify before you this morning. It is also a privilege and an honor to share this platform with the other individuals who will be testifying before the committee. It is clear from their written testimony that the Kosovo Albanian victims of the conflict in Kosovo suffer from an accountability gap. During the course of the Yugoslav wars, armed forces associated with the Serbian regime carried out genocide, mass murder, torture, mass rape, mass deportation, as a means to achieve Serbia's military and political objectives. This campaign of terror and destruction was designed and implemented at the highest levels of the Serbian regime. It required tens of thousands of individuals willing to perpetrate such crimes, and it left hundreds of thousands of victims in its wake. Every victim of an atrocity is entitled to justice, and every perpetrator should be held accountable for their actions. It is equally important, however, not to embrace the mantra all sides are responsible, which can create a false sense of moral equivalence among the parties. During the Kosovo conflict, the forces associated with the Serbian regime were responsible for the vast majority, upwards of 80 percent, of the atrocities. They displaced nearly 1.4 million people--that is 90 percent of the Kosovo population-- killed over 11,000 civilians, and raped over 20,000 women. Yet, the United Nations Yugoslavia Tribunal indicted an almost equal number of alleged Serbian regime perpetrators and alleged Kosovo Liberation Army perpetrators. None of the indictments of the alleged Serbian perpetrators included charges of rape or sexual violence as a standalone atrocity. In total, the U.N. Yugoslav Tribunal only convicted six Serbian regime perpetrators for the atrocities in the Kosovo conflict. The domestic hybrid mechanisms created by the U.N. mission in Kosovo, and subsequently, by the European Union rule-of-law mission, disproportionately indicted Kosovo Albanians by a factor of 10 to 1, and only convicted four Serbian regime perpetrators, again, with no charges of rape as a standalone atrocity crime. In 2015, the international community exerted substantial diplomatic pressure on the government of Kosovo to create the Kosovo Specialist Chambers and the Specialist Prosecutor's Office. The general diplomatic characterization of the court is that it is designed to solely prosecute ethnic Albanians who served in the Kosovo Liberation Army. If this characterization is correct, then the court essentially grants de facto amnesty to perpetrators who committed atrocities on behalf of the Serbian regime, and it closes off effective justice for hundreds of thousands of victims in Kosovo. No other international or hybrid criminal tribunal has been ethnically based or has denied justice to such a substantial number of victims. The accountability gap created by the actions of the international community and the United States derives from the 20-years-old approach of the European Union to the conflict in the former Yugoslavia: accommodation and appeasement of the Serbian regime. This approach requires maintaining a perception of moral equivalence among all the parties to the conflict. However, false moral equivalence, the creation of ethnic-based courts, the denial of access to justice for victims, and the fostering of ethnic injustice undermines the legitimacy of accountability mechanisms and their ability to promote reconciliation, which is essential to create a durable peace. The myopic focus of the international sponsors of the Specialist Chambers is disappointing for two reasons. First, as detailed in my written statement, the statute adopted by the Parliament of Kosovo does not actually preclude the prosecution of all individuals responsible for crimes committed in Kosovo, and thus, could serve as a vehicle for justice for every atrocity victim, regardless of ethnicity. Second, the statute provides for state-of-the-art victim representation and witness protection, which are key to the successful prosecution of the conflict-related sexual violence. The court has the potential to be an ideal mechanism to bring justice for the 20,000 victims of rape in Kosovo. In conclusion, to accomplish the restoration of the integrity of the Specialist Chambers, the United States should work with the government of Kosovo to affirm and, if necessary, clarify that the mandate of the court covers all crimes committed in the territory of Kosovo and is not limited to prosecuting members of a specific ethnic group of alleged perpetrators. If necessary, the United States can work with Kosovo to amend the statute to make this mandate unambiguously clear. The United States should also work with the government of Kosovo to encourage the Specialist Prosecutor's Office, a part of the judicial system of Kosovo, to prioritize the investigation and prosecution of rape and other conflict-related sexual violence. Thank you for the opportunity to speak this morning. [The prepared statement of Mr. Williams follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Engel. Thank you, Dr. Williams. Mr. Bytyqi? STATEMENT OF ILIR BYTYQI Mr. Bytyqi. Chairman Engel, Ranking Member McCaul, members of the committee, thank you for hosting this important hearing and inviting me to testify. My name is Ilir Bytyqi. Chairman Engel. Mr. Bytyqi, could you just pull the microphone a little closer to your lips? Mr. Bytyqi. Sure. Thank you. My name is Ilir Bytyqi. On behalf of my family and other victims of war crimes committed during the Kosovo War, I am here to offer you the words of a simple message: victims cannot be ignored. If you want lasting peace in the Balkans, we cannot be ignored. If you care about justice, we cannot be ignored. And if you all you want is simply the truth, we cannot be ignored. As I hope to make clear today, this history is still being written. This committee can help shape its course. I come from an American-Albanian immigrant family in New York. I grew up between the United States and Kosovo with lots of siblings, including my brothers Fatose, Ylli, Agron, and Mehmet. We were a close family, one for all, all for one. But six boys in New York, imagine the headaches we gave my mother. In the late 1990's, we started hearing about what was happening in Kosovo. We were devastated to see images of our friends/families being expelled from their homes and murdered in their villages. We were worried sick thinking about my mother, sister, and my brother Fatose who were in Kosovo at the time. Around this time, we got word from the American-Albanian community in New York that people were going over to fight against President Milosevic's barbaric campaign and ethnic cleansing. Ylli, Agron, and Mehmet went without hesitation. They were not scared. The last thing I told them was, ``Be safe. You know I expect you to come back.'' Toward the end of the war, my brothers decided to stay in Kosovo and help with the rebuild efforts. One day, they agreed to go on a humanitarian mission to help some neighbors get to a safe zone. Eventually, Serbian police came in unmarked cars and in plain clothing and kidnapped my brothers. They took them to the other side of Serbia, to Petrovo Selo. Two years later, their bodies were found on top of a mass grave in Petrovo Selo with their hands tied behind their backs and bullet holes through the back of their heads. My brothers were sent to these killing grounds because they were Albanians. They were murdered because they were Americans. This has devastating my family. For the past 20 years, my brother Fatose and I have been fighting for justice because the Serbian government will not. In 2015, then-Prime Minister Alexander Vucic admitted as much. He looked my brother Fatose in the eye and said in an uncertain manner, ``In my mind, only two people are responsible for these murders.'' Then, he named the names. This is not some unsolved mystery. It is a simple matter of will. Then, as the Prime Minister, and now as the President, Alexander Vucic protects war criminals who murdered my brothers. President Vucic has no shame about this. He has threatened my family for our efforts. For 5 years now, he has promised members of this committee and the United States Vice President that he would resolve this case. Earlier this year in Munich, President Vucic bragged to Serbian media that he told members of this committee that NATO officials should be extradited to Serbia, not the war criminals who murdered the American citizens. This is a systematic problem with Serbia. The government consensually protects war criminals, creating a political culture that intimidates witnesses and victims. Convicted war criminals are regularly given a hero's welcome when they exit the ICTU prison. Recently, President Vucic had the audacity to call Slobodan Milosevic ``a great leader''. Serbian war crimes answers are failing in many ways. They issue very few indictments. The few indictments they allow are low-level suspects and direct perpetrators. Superior officers are shielded from scrutiny. Human Rights Watch, Amnesty International, the Humanitarian Law Center, the European Commission, the European Parliament, and others, have each noted this defect. Recently, Serbia did not have a leading war crime prosecutor for 18 months. When the Serbian Parliament finally elected one, the candidate won based on the pledge of prioritizing cases of Serbian victims, not the cases like ours. These and many other problems are illustrated in lack of effort and will to resolve war crimes. Mr. Chairman, this effort affects other issues that I know you care deeply about. There are still over 1300 missing persons from the war, many of whom have not been found because of the coverup operations that occurred at the end of the war. The main suspect in the Bytyqi case and principal responsible over many of these covered operations, to date, Serbia has not prosecuted a single person for the coverups. The good news is that concrete things that the Congress, the European Union, Serbia, and even Kosovo can do can help these causes. First of all, I urge you to do the following: Pass the H.Con.Res. 32 resolution regarding the case that was recently introduced by Republican Lee Zeldin, Chairman Engel, and Republican Grace Meng. When the Congress speaks, Serbia listens. Make sure that the European Union counterparts prioritize these issues, as Serbia is currently in the midst of their EU ascension process. To date, Serbia has been allowed to open relevant chapters just by making empty promises. This must stop. Consider legislation to give the President and my family more tools to pursue justice in this case, where Americans are killed abroad by foreign governments. Our advocates at Pretrial Rights International have forwarded a legislative proposal to some of your offices regarding these issues. We would be happy to share with any other members of the committee. Second, I urge the European Union to do one simple thing: start prioritizing accountability for war crimes during both the Serbia ascension process and during the related dialog between Pristina and Belgrade. There are a number of ways to do this. Mr. Chairman, I strongly support your call to not allow Serbia to enter the EU until it cleans up its act. Serbia should not be allowed to enter the EU until it proves that it can and will complete prosecute of mid--and high-ranking war criminals and those responsible for the coverup operation. Additionally, the international community has taken creative approaches to work with the countries in the region that have similarly faced problems, such as locating trials outside the country borders. It is now time for the EU, the United States, and the international partners to consider similar options for Serbia. Also, the EU should not shy away from difficulties, but relate issues like justice sector cooperation between Serbia and Kosovo. Both countries need to cooperate in all types of cross-border criminal investigations. The EU should make sure that they have agreement in place. To Serbian leaders, I urge you to change your course. There is no shame on facing one's past, only honor. Until Serbian politicians/leaders support their efforts to honestly confront Serbia's past, Serbia will never become a great nation that we all know and hope it can be. Finally, we are truly grateful for the many recognitions that the Kosovo government has given to my family and other war crime victims, but the Kosovo government can do more. It should make war crime justice in Serbia and regional cooperation in war crimes cases a frontline issue in the dialog with Serbia. As a sovereign nation, Kosovo also has the right to take real action in these cases. We urge you, the international community, to start prioritizing these issues. Thank you for your consideration of my testimony. [The prepared statement of Mr. Bytyqi follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Engel. Thank you, Mr. Bytyqi. Ms. Krasniqi-Goodman? Push the button and move the microphone closer, too. STATEMENT OF VASFIJE KRASNIQI-GOODMAN Ms. Krasniqi-Goodman. Is this good? Chairman Engel. We will see. Ms. Krasniqi-Goodman. Thank you. Chairman Engel. Keep talking. Ms. Krasniqi-Goodman. Honorable Chairman Engel, Honorable Ranking Member---- Chairman Engel. A little louder. If you can just move it closer to you? Yes. Just speak directly into it and it will pick up your voice. Ms. Krasniqi-Goodman. Honorable Chairman Engel, Honorable Ranking Member McCaul, honorable members of the Foreign Affairs Committee, ladies and gentlemen, I want to thank you all very much for giving me the honor of sharing my story with you. I hope it will shed some light on the depth of the issues that you are considering here today. On April 14, 1999, when I was only a 16-year-old child, a Serbian police officer burst into my family's home. He was looking for my father and my brothers, despite the fact that they were not there. I was with my mother, my aunt, and my two cousins. The police officer ordered us to show him our IDs. After taking a look at my ID, he kept it and he said I had to go to the police station to give a statement about the men of our household. At this moment, my uncle walked over from his house and simply asked, ``Why are you taking our girl?'' The police officer replied, ``Don't anybody move or I'll shoot everybody.'' My mom told him to take her in my place. ``No, she's a child,'' replied the police officer. ``She will not be able to lie about the whereabouts of her father and brothers.'' The Serbian police officer then ripped me away from my mother's arms and took me to the Serbian village nearby. He walked me into an empty house just off of the main road and threw me onto a stack of corn that was piled against the house. I started to yell and I screamed at the top of my lungs. That is when he took me inside of his car and he started raping me. I remember everything. I was held at the gunpoint. He abused me and raped me repeatedly. I was shocked and exhausted. I lost consciousness. When I regained consciousness, I cried with no control, begging him to kill me. ``No,'' he said, ``I will not because you will suffer more this way.'' He was right; I have suffered greatly since then. I remember he had a bandage on his left hand, and he was saying that is where the Liberation Army shot him and he was taking revenge on me. Every time that I screamed, he threatened to take me to an area full of Serbian forces where more men would rape me. After he was done assaulting me, he went into a local store and left me alone in the car. I know the village was primarily Serbians, so I was terrified to make a move. Shortly after the policeman left, an older man came out of the same store and walked toward me. He forced me outside of the car and took me to an unfinished house. I distinctly remember this man. He was an old man and he was crippled. There in that house he raped me. A few hours later, I was taken back to my village and left on the street. I walked through the village cemetery, hoping that my life would end just right then and there because I do not want to go home to explain to anybody what has just happened to me. They told me not to tell anybody what had just happened. They said to tell they was at the police station giving a statement about the whereabouts of my father and my brothers. Somehow I managed to make it to my uncle's house. I did not have to explain anything what happened to me. By judging in the conditions they saw me, they knew that no one takes a 16-year- old child to the police station for a testimony just to return her a few hours later with scratches, bruises, and torn up. The next day I reported my case to the Kosovo Liberation Army. Later, I reported it to the United Nations Mission in Kosovo. I also reported everything to the European Union Rule of Law Mission in Kosovo. The perpetrators of this crime, they were identified eventually. However, 20 years have passed. My torturers are not being held accountable for the crimes that they have done and they are still at large. There are 20,000 women and men who suffered crimes of war, sexual violence in Kosovo. All they want is justice. All I want is justice. Although today I live a happy life in Texas as a proud wife and as a proud mother of two daughters who were born in the United States, and, thankfully, they will never have to encounter the tragedies that I experienced, I will never have a peace with my past until justice is delivered. Thus, today I call on the Representatives of the U.S. Congress to address the impunity of war crimes and human rights abuses that were committed in Kosovo by taking immediate action to seek justice for all survivors. Thank you. [The prepared statement of Ms. Krasniqi-Goodman follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Engel. Thank you, Ms. Krasniqi-Goodman, and thanks to all our witnesses. Let me start with Ms. Krasniqi-Goodman. This room got very quiet. Thank you, first of all, for the courage of telling your story. It is not an easy thing to have lived through, obviously, and it is a very difficult thing to be able to go public and tell everybody. But it is so important if we are ever going to get justice for what happened during the war in Kosovo. People like you and others, Mr. Bytyqi, have to have the courage to speak. So, I want to thank you personally. I got to know you a little bit last night at dinner. And I want to thank all of our witnesses. Thank you. Thank you so much. President Jahjaga, I have worked with you so much during these past several years, and thank you for your courage. Dr. Williams, you have always spoken the truth. And, Mr. Bytyqi, everyone in Kosovo knows the story of the Bytyqi brothers. Everyone knows the story, and we are not going to forget ever about your brothers. We are not going to stop until we seek justice. Let me start with President Jahjaga. Thank you for your service to your country and your efforts to raise awareness about the women who survived sexual violence during the Kosovo War. It is very difficult, even 20 years later, to come to grips with what was done to these women and to, sadly, say that we have had 20 years and we have not done right by them. Could you please share with the committee the ongoing struggles of the victims of wartime rape? And how can we assist your efforts to work with you in bringing people to justice? Ms. Jahjaga. Mr. Chairman, thank you very much one more time for giving a chance to us to be able to share with the United States lawmakers and the global audience how the justice has failed the victims of the war in Kosovo and what are the steps necessary to be taken in order to move forward. We want to bring forward the issue of the justice for the war crimes and the crimes against humanity committed by the Serbian regime, by the Milosevic regime, by the military police, and by the paramilitary forces of Serbia. We want to bring the justice for so many of the innocent who lost life. We want to bring the justice for so many of the survivors of the sexual violence. We want to bring the justice for so many of the missing people. Our dignity, Mr. Chairman, has been touched and our humanity, and we have been stripped of that 20 years ago. Many of the reports of the human rights and the verification reports have shown, and many of the testimoneys of the witnesses of these atrocities, and the crimes committed against humanity in Kosovo show that Kosovo, the ethnic majority of Kosovo have been violated and have been a target of some of the most grievous crimes and the violation of the human rights. The Milosevic regime wielded the absolute control over the Serbian police, military, and paramilitary forces that they have been ordered to conduct this series of the violations of the human rights. It was mentioned here that an estimated number of over 1 million people were made by force to leave their homes for the purpose of the ethnic cleansing. Only during the wartime, it was also mentioned here, over 13,000 people have been killed and massacred. In between then, I want to repeat again, 1,230 of them children under the age of 18 and an estimated number of 20,000 women and men raped, where rape has been used as a tool of war. Only between March and April 1999, about 1 million people were forced to leave the country for the purpose of the ethnic cleansing, as you mentioned, Mr. Chairman, in the very beginning of this hearing today, toward the direction of Albania, Macedonia, and Montenegro, as the neighboring countries, for our people to search for safe haven. These were not only the countries that have received the refugees from Kosovo, but we are forever grateful to many of the countries and the nations, started from here, from the U.S., from Germany, Austria, and many countries within Europe as far as Israel, Australia, and New Zealand, that have opened their doors to offer the safe haven for the people which were facing the tremendous crimes and suffering during the wartime in Kosovo. And here it was mentioned that the Western world did not experience that type of the ethnic cleansing since the Holocaust from the World War II, and it is a true statement. And something that I really want to stop here, because it was mentioned, before I go to the survivors of the sexual violence. And I would like to use this opportunity to mention three more cases in the realm of several other crimes and the massacres that have been recorded also by the Humanitarian Law Center in Kosovo, which is a long list of those that I want to mention for the sake of this many lives that have been lost in Kosovo by name, starting from February 28th of 1998 to June 6th of 1999. And I want to go by every location of the crimes that have been committed here. It's Likoshan, Municipality of Gllogoc and Qirez, Prekaz i Poshtem, Lubeniq, Poklek i Ri, Rahovec, Shtutica, Grejqefc, Senik, Rezalla, Dubovc, Obri e Eperme, Racak, Rogova, Neighborhood II and III of Skenderaj, Kotlina, Brestoc, Goden, Ternje, Bellacerka, Krusha e Vogel, Krusha e Madhe, city of Suhareka, city of Fushe Kosova, Celina, Padalishta, Duzhnje, Samadrexha, Dardania Neighborhood in the city of Peja, Mamusha, city of Gjakova, Krushevc, Izbica, city of Podujeva, Samadrexha, Beleg, Polac, PaStatella, Joviq, Lubeniq, city of Gjakova, city of Fushe Kosova, city of Gjakova, Nagavc, Marina, Kralan. Chairman Engel. President Jahjaga, we will submit, without objection, all these names, so it will be in the official record. Ms. Jahjaga. Please. Chairman Engel. We will submit that. Chairman Engel. I just want to very quickly say one thing, and then, I will turn it over to Mr. McCaul. I have been to Kosovo many, many times. I have been there with my friend Harry Bajraktari and with others as well. I remember particularly in 1999 going to a city called Peja, and every Albanian in that city, which was an Albanian city, was forced out of their home. And as the people left their homes, the Serbian forces torched each home, burned down each home systematically one by one by one, until thousands upon thousands of homes were all burned. And someone presented me with pictures of every home in Peja burning or charred, and I kept that. I still have that on my dresser in my bedroom. So that every night it reminds me that there's still a lot of work to be done. The point that I want to make--and I guess it does not really require an answer--but anybody who commits horrendous crimes of war should be brought to justice. And we heard Ms. Krasniqi-Goodman having the courage to say what you have said, and thank you. And Mr. Bytyqi, your family, you know, I have been to Kosovo where the monuments are to your family, to your brothers. It is a well-known name. The thing that annoys me the most is that, whatever atrocities that were committed on either side have to be brought to justice, but there were so many atrocities committed against ethnic Albanians. It is not even near equality. And yet, when you look at what the international community has done, they have gone after Albanians much more than they have gone after Serbs, when there is not even an equality there. There were so many more atrocities committed against ethnic Albanians, and to sort of pretend that there is this moral equivalency is absolutely a disgrace. And as long as I have anything to do with it, we are going to make that point and to continue to demand that people who did the terrible things to citizens that we heard from Ms. Krasniqi-Goodman, that these people are brought to justice. So, I just want to say that. Mr. McCaul? Mr. McCaul. Thank you, Mr. Chairman. I want to say thank you to Ms. Goodman for your courage to come forward with that story. I know, as a former Federal prosecutor dealing with victims, it is hard to relive that experience. And, Mr. Bytyqi, your brothers, it never quite leaves, and it is PTSD of the worst kind. So, again, I want to thank you for coming forward. What I am kind of shocked by, Mr. Chairman is the fact that we had over 13,000 people killed, 1.2 million people displaced; it has been 20 years. We have a U.N. administration mission, some sort of U.N. court involved, and only six people have been convicted? And I think, Dr. Williams, you said that rape is not even a standalone crime that can be prosecuted. So, again, I want to thank you for having this hearing. I just find that completely unacceptable. So, perhaps, Madam President and Dr. Williams, can you tell us what has been going on over the last 20 years? Because those numbers just do not add up to me. Ms. Jahjaga. As I said earlier, we have an estimated number of about 20,000 women and men that have been raped during the wartime, where rape has been used as a tool of war. Like in every other case, like also in our case in Kosovo, there has been enormous stigma surrounding the survivors of the sexual violence. And the reason why the rape has been used as a tool of war by the police, military, and the paramilitary forces was to emasculate the men of Kosovo and to destroy the very fabric of our society. And their main intention was to have the war last much longer after it has officially ended. And they have achieved that because, for 20 years after the end of the war, we still have this very living evidence and the proof and the suffering among the survivors, each and every one of them which are living with these atrocities and with what they have gone through during the wartime. In many of those cases, the perpetrators of this horrendous crime, they were telling, even out loudly, that we are going, even though that the victims and the survivors were begging them to kill them after they committed those acts, they said to them that, ``No, we are going to leave you alive, so you can live with this thing forever and you can remember what we have done to you forever and for your entire life.'' And every single survivor of sexual violence, no matter in which part of the country I have met--and I have met many of them throughout the country, hundreds of them--they seek only one thing. They seek for the justice. They seek for the perpetrators whoever done these crimes to be put forward to the justice and to be facing with the justice for the crimes that have been unjustly committed upon them. Unfortunately, this issue of the survivors of the sexual violence, as you rightly said, Mr. McCaul, they have not priority immediately after the end of the war, neither from the international mission, neither from the provisional institutions of Kosovo. Only the women activists were the open door to the survivors of the sexual violence to offer, starting from the psychological treatment and all the way down to the physical and toward the medical treatment of others. Only back in 2014, we, as the country, have started the institutional approach and care toward the survivors of the sexual violence. In that time, in my term as the President of the Republic of Kosovo, I established the National Council for the Survivors of the Sexual Violence, which opened a totally new chapter for the survivors for rape, their integration, rehabilitation, resocialization, and the access to the justice. I mentioned the access to the justice, which is very limited because, so far, we do not have a single perpetrator that has been found guilty for all those crimes. Mr. McCaul. And thank you for starting the National Council for Survivors. Ms. Jahjaga. And that is why we need--sir, there is a tremendous need to establish the Special Court in order to prosecute these cases of the war crimes and crimes against humanity and the crimes of the sexual violence used as a tool of war in Kosovo. I call upon this body, I call upon you, as the U.S. Congress, as the body that has proven so far and has lined up yourself in the right side of the history, and you have proven that 20 years ago, in regard with the intervention in Kosovo, to stop the war, to stop the genocide, and to stop the ethnic cleansing, to condition Serbia and to keep Serbia accountable for all of the crimes and atrocities that they did toward the innocent people of Kosovo. And it is really unjust to see that Serbia has a very open part toward Euroatlantic integration. And I want from this body to analyze all of the possible circumstances, to establish the type of Special Court the way that we have established in Kosovo for all of the crimes to be investigated by this body; at the same time, Serbia to be conditioned in their path toward the Euroatlantic integration. Mr. McCaul. And I look forward to working with the chairman on the idea of the Special Court. And, Dr. Williams, my time is limited, but the United Nations has wholly failed. I mean, as a Federal prosecutor for many years, this is incompetence. It is inept. It is not working. So, is this Special Court idea the answer? Dr. Williams. A Special Court with a clarified mandate is the answer. There are three reasons why the U.N. mission failed. The Yugoslavia Tribunal was timid and tardy in its indictments. When it indicted Milosevic, it said to itself, we have indicted the most senior political leader; take the box on Kosovo. They indicted a handful of other small individuals. They, then, had a 2-year trial, and he died during the trial. So, justice was not achieved. The U.N. mission in Kosovo, the EU mission in Kosovo simply were not equipped, were not interested, and did not exercise the jurisdictional mandate that they possessed. And then, the third reason, as I mentioned in my testimony, is this sense of moral equivalency. The European Union approach, which the United States falls into once in a while, is that we need to integrate Serbia into Europe. If we say all sides are responsible, the Croats, the Bosnians, the Kosovars, the Serbs, it is easier to accommodate and appease the existing regime in Serbia. You saw this at Dayton. You saw this at Rambouillet. And then, you have the Special Court, which is the worst possible court one could imagine, which is a court specifically designed only to prosecute one ethnic group for one set of crimes. That is its public characterization. A close reading of the statute--and you know, as a prosecutor, you look at the statute of the court; it can apply to all crimes and crimes committed by all perpetrators, and provide justice for all victims, but it is going to need direction. The important thing to remember is this court was created by the Parliament of Kosovo. The government of Kosovo possesses the authority to clarify, reframe, and, if necessary, amend the statute to make it crystal clear that it is not just an ethnically based court. And I would encourage--I will stop there. Mr. McCaul. Thank you. Chairman Engel. Thank you. Ms. Bass? Ms. Bass. Thank you, Mr. Chair. And let me just take a moment to thank you for your leadership on this issue for a very long time. I am aware of that. I did want you to continue on talking about the Special Court, to try to understand exactly what you think would be the best. And then, I also wanted to hear in terms of our role, the role of the United States, and whether or not you feel that we have played a positive role in terms of bringing the perpetrators of war crimes to justice. And, gentleman, I am sorry, I do not want to mispronounce your name. You described your brothers and you said they were Americans. And I just was wondering specifically what the U.S. did in your situation. So, I throw those questions out to the panel. Dr. Williams. The Special Tribunal has a unique founding. There was a report crafted by the Council of Europe, again, as part of this approach of moral equivalence. It focused on its face exclusively against crimes committed by ethnic Albanians, but it did acknowledge that there were a number of crimes committed by a number of parties, and that is important. It was not the emphasis of the report, but it did acknowledge that a lot of what we have spoken about here today, about the preponderance of the crimes being committed by the Serbian regime. The statute has an odd jurisdictional mandate. The jurisdictional mandate is for crimes related to the report of the Council of Europe. Now no lawyer would write a statute that would lay out the jurisdiction, and then, reference it to a report by a diplomat, but that is what you have. And then, there was tremendous pressure put on the government of Kosovo to adopt this, and then, to physically move the court to the Netherlands. And that is where the opportunity comes to turn this court around and make it successful. There are international judges, international prosecutors, and there is a list of defense attorneys that are both Albanian, Serbian, and international. The problem is, as lawyers, we look at the statute and we can say, yes, this can be used to bring about accountability for all perpetrators, for all victims, and provide justice for all witnesses. And in particular--I emphasized this in my written statement--it has state-of-the-art witness protection, which makes it ideal for prosecuting sexually related crimes for conflict abuse or conflict-related sexual violence. But the diplomatic momentum is that it is a narrow ethnic- based court, and unless the U.S. Government takes some action or works closely with the Kosovars to provide them the political cover to reframe---- Ms. Bass. What do you see that action being? Dr. Williams. This action would be a statement by the Department of State explaining what the mandate actually covers. The U.S. Government provides funding for this court because it is an internationalized, hybrid tribunal; to condition this funding on the proper interpretation of its mandate and to send necessary personnel and resources. And I will end with 10 seconds of, when I was at the State Department in the early 1990's, the Yugoslavia Tribunal was set up. The Americans moved money, they moved personnel, and the American Government was heavily involved in crafting the Security Council resolution, the mandate, the statute of the Yugoslav Tribunal, because America knew how important justice was going to be for durable peace. That has waned in these last few years and needs to be reinvigorated. Ms. Bass. OK. And I know I am just about out of time, but I would like for you to respond. And then, I wanted to know if Madam President had a comment she wanted to make. Mr. Bytyqi. Thank you. The Bytyqi brothers were all American citizens in the 1990's when the atrocity of the Serbs, the Milosevic regime was put on the Albanian people in Kosovo. At the time, we had our parents there, my brother, younger brother, my sister, and my mother. And we heard that the American-Albanian community are gathering up together to go fight over with the support of the U.S. Government. And they went and fought. They did what any soldier would do, protect one from the other. And where the U.S. Government stands, the U.S. Government does do a lot, but the problem is Serbia. Ms. Bass. What was the response when they found your brothers' bodies? What did the U.S. Government do? Mr. Bytyqi. They did everything--they started, we started prosecuting. After a couple of years, there was a prosecutor. The U.S. Government--the Serbian government does not cooperate. They talk the talk, but they do not walk the walk. They will give you empty promises, which has been happening for the past 20 years. The President himself, he keeps the criminals close allies to himself. Ms. Bass. OK. And then, Madam President, is there anything you would like to add? Mr. Bytyqi. Thank you. Ms. Bass. Thank you. Ms. Jahjaga. Thank you very much. And actually, I would not have more else to add than what Dr. Williams has already explained as regards the structure of the Special Court, which should only require some of the amendments of the current structure of the Special Court, which has been already established. And it was very well said here that no court should be established only in certain ethnic-based in there. Proofs and evidences are already there because they have been there for about 20 years. And these are very well- documented by many of the international human rights reports. And it only has the political backing or the political support starting from here, from this body. It was very well-described by Dr. Williams, starting from your side toward the State Department, and then, back to the European channels. And again, about the necessary diplomatic pressure and the political pressure in the authorities of Serbia to be able to show the same readiness as we have shown in the case of Kosovo in establishing this certain crime, because this is not only in the interest of Kosovo because this is also in the interest of the long-lasting peace in the entire region of the southeastern part of Europe. It is not our intention to create a monster out of one nation of the Serbia. Our intention is to have Serbia and the Serbian authorities to hold accountable and responsible everyone who has committed these crimes toward the innocent people of Kosovo. Chairman Engel. Thank you. Thank you, President Jahjaga. Before I call on Mr. Chabot, I want to acknowledge all the people who came from all over the country, particularly from New York, to be here with us today to witness what is happening. I am very happy to see all of you, and I want to single out Councilman Mark Gjonaj, who is here in the audience as well. Thank you very, very much. And, of course, Harry Bajraktari and all the people that I know so well. Mr. Chabot? Mr. Chabot. Thank you very much, Mr. Chairman, and thank you very much for holding this hearing. I think this was very important for you to do so, and I know that you have personally been very involved in this issue for many, any years. And I think Members on both sides of the aisle respect your dedication and your commitment to it. I have not been to the region or to Kosovo nearly as many times as you have. I have been there, learned a lot when I was. And coincidentally, the Dayton Accords occurred just up the road from my district. I represent Cincinnati, Ohio. Dayton is just north of my district. And I saw you nodding, Dr. Williams. My first question, I wanted to ask you, and the ranking member, Mr. McCaul, I got a sense from him. He is as outraged as a lot of us are about how the U.N. and the world has really, I think, failed miserably in this. The Dayton Accords did get the war more or less ended, at least the physical shooting and the bombings, and that type of thing. But, in holding guilty parties accountable, it has just filed miserably. And hearing especially the two witnesses that felt this with their families, it is just horrific what you all had to go through, and the courage of you coming here again today puts all of us, I think on both sides, in awe that you are able to come before a committee like this and testify. So, thank you for doing that. It is important that the world hear this. So, I guess, Dr. Williams, let me just ask you this: as horrible as this has been, there are other atrocities and mass killings that have occurred. Obviously, Rwanda comes to mind, Cambodia, South Africa, as the reconciliation afterwards. Is there anything that we can learn from how they handled some of these things that did or did not happen here? Or what can we learn, because we need to learn as much as possible from this? Dr. Williams. Thank you. By way of full disclosure, my father's family is from Dayton, Ohio. So, we are kindred spirits there. The thing we can learn, there are two things we can learn about dealing with accountability and reconciliation. The first, it is important to understand the nature of the individuals that we have negotiated with to create the Dayton Accords, to create the Rambouillet Accords, and what sort of countermeasures must be subsequently employed. Three of the four signatories of the Dayton Accords-- Karadzic, Milosevic, and Tudjman--were indictable or indicted for war crimes. Karadzic and Milosevic were indicted; Tudjman died before the prosecutor said she was about to indict him. The two chief negotiators for Serbia at the Rambouillet Accords, Milutinovic and Sahinoviàc, were also both indicted for crimes against humanity. So, you have to bear in mind that, while we negotiate or the U.N. negotiates with these individuals to get to yes, to get a peace agreement, you are not going to find justice as part of the peace process, which is why you have these tribunals. And what we found in Sierra Leone, in the Ivory Coast, in Rwanda, in Cambodia, and in other places where there are tribunals, is you need a holistic approach. You need an accurate historical record, which the tribunals, but also truth commissions, non-amnesty-based truth commissions, help to provide. You need victim catharsis. So, in Rwanda, there was the genocide. The International Tribunal prosecuted nearly 60 individuals, but, then, you had local prosecutions and you had gacaca courts at the community. And over 100,000 individuals have been processed through the system that Rwanda created. So, the victims have their say. In a tribunal, it is the perpetrators who have their say. They are the ones on trial. Milosevic represented himself. But, in truth commissions or localized mechanisms, or these hybrid type of tribunals that the Specialist Chambers could be, you have the opportunity for victims' representation, victims' counsel. And then, you need memorialization and you need recognition, and it must be a comprehensive package. You have not had that in Kosovo. And that lesson has not been learned from all of these other tribunals that we have seen. So, negotiate peace with whoever you have to. Indict and hold accountable those responsible for atrocity crimes. And then, expand that mechanism and develop other mechanisms for victim catharsis, historical records. And importantly, as Madam President had noted, to deny collective guilt. And I was very careful in my testimony to talk about Serbian regime perpetrators because, although it is tens of thousands, it is not millions and it is not the entire Serbian population. And you need to identify and pull out those responsible, so that there is a denial of collective guilt and you can have reconciliation and durable peace. Mr. Chabot. Thank you very much. And, Mr. Chairman, my time has expired. If I could just thank the panel, again, for their tremendous testimony. And hopefully, we will, as a Nation, along with the world, act upon this. So, thank you very much. Chairman Engel. Yes, thank you, Mr. Chabot. Ms. Spanberger? Ms. Spanberger. Thank you, Mr. Chair. Thank you very much to the witnesses for being here. I especially want to thank you, Ms. Krasniqi-Goodman. Thank you for your testimony today. I appreciate you bringing a voice not just to your experience, but to the experiences of so many victims. And to Mr. Bytyqi, I am so sorry for the loss of your brothers Ylli, Agron, and Mehmet. Thank you for honoring them by being here today. I would like to continue the conversation a bit about the discussion related to the need for a Special Court. My area of interest is in recognizing that, in 2014, Kosovo law was amended to recognize victims of conflict-related sexual violence as war victims. And this made them eligible for reparations. However, thus far, only 1300 women have applied. I am curious if you believe that, were there to be a shift in the accountability process, the creation of this Special Court that you have talked about, Madam President, do you think that would change the pathway for victims of sexual violence to come forward, and would that have an impact on this catharsis that you, Dr. Williams, have spoken about as well? Ms. Jahjaga. Well, ma'am, absolutely, it will shift. As I said in the very beginning, the issue of the survivors of the sexual violence has never been the priority, neither for the international community immediately after the end of the war, neither for the provisional institutions of Kosovo. They have been living in the tremendous stigma from the society. And actually, that did not only happen with the survivors of sexual violence in Kosovo, but it happens in every past war, in past conflicts of societies. There is always a tendency of pointing the fingers toward the survivors rather than pointing the fingers toward the perpetrators. And it took for us about 13 years after the end of the war to be able to change the course and to be able to pass the necessary step for the survivors of the sexual violence to have institutional care, as you referred and I have already filed in my statement. By the creation of the National Council, which in a month after the work of the National Council, the legal status has been recognized toward all of the survivors of the sexual violence as the civilian victims of the war. The Committee for the Ratification of the Status of the Civilian Victims of the War has started its work in February 2018. Until now, we have about over 1,000 applicants. And definitely, this has reflected indirectly, and in each and every survivor that I talk to them personally, before this process has started, about four or 5 years ago, will you be able to step forward and ask for your justice? And actually, they have been hesitating. But now has been created a totally different momentum that each and every one of them is willing to come forward. And as I said in the very first statement, no matter what kind of circumstances they live, no matter that they live in a very dire economic situation, the only word that is being spelled out continuously by each and every survivor--and we have heard today also by Vasfije--is that we want justice. We want the justice and we want to see whoever has done this horrendous crime to be faced with the justice. And by putting the focus on perpetrators, we also have seen that the stigma around the survivors has kind of like shifted in another direction that has been created, a different momentum. And this is happening today. It is going to be another momentum for the survivors of the sexual violence, for the justice that they have been lacking for about 20 years. And not to forget that we already lost so many of them. Some of them have left us. They died due to the consequences of what they have been going through. And so, many times when I have been arguing with many of the lawyers, with many of the prosecutors in the country, when it was a matter of the evidence, you do not need more evidence than the survivors of the sexual violence. In most of those cases, they were not done or they were not conducted alone. They were conducted in the presence of the family. They were conducted in the presence of the entire village. They have been conducted in the presence of the in-laws and a much wider group into that. So, evidences are there. Everything is ready. What we need is the proper platform and mechanism, such as a Special Court to be able to proceed and move forward to bring, for the first time after 20 years, the long-lasting peace in the hearts and minds in each and every survivor. Ms. Spanberger. Thank you, Madam President. And thank you so much for your advocacy on behalf of the people of Kosovo. And I am out of time, Mr. Chair. So, I yield back. Thank you. Chairman Engel. OK. Thank you very much. I am going to call on Mr. Zeldin in a moment. But, before I do that, I want to say to Mr. Bytyqi, I have had President Vucic of Serbia in my office twice right here in this building, and twice when I questioned him about your brothers, he promised me that he would have a solution for me where people who committed this heinous crime would be brought to justice. And both times he showed that his word means absolutely nothing because there was never a followup. And even when I tried to followup with him many, many months later, he gave me reassurances again, and, of course, nothing. So, it is pretty clear that the highest levels of the Serbian government are not willing to do anything. And I just saw him again for a third time in Germany a couple of months ago and raised it with him again, and we got the same old, the same old ridiculous dodging. It is really just disgraceful. And I know that Congressman Zeldin is your Representative. He and I wrote to Secretary Pompeo about your case and other post-conflict justice issues, and we are going to continue to be relentless when it comes to bringing back truth and getting some justice for you and your family and your brothers. Mr. Zeldin? Mr. Zeldin. Thank you, Mr. Chairman, for holding this hearing. And I can personally attest, from being with Chairman Engel in that meeting in Munich with President Vucic, and having many other conversations with the chairman and his team over the course of not just the last few months while he has been chair, but years, it is a very personal in a very positive way, laser-like focus on this issue. And I just want to thank the chairman and his team for making such a dedicated effort with a ton of follow-through. It is one thing to have a meeting with a constituent or someone in our country. They share a personal story, and maybe you forget about it in the weeks or the months that follow. But I think it is an important message. I know that President Vucic and his team pay attention to today's hearing. They are watching. It is an important message that they receive that, on both sides of the aisle, this issue is not going away. And if it is the 20th anniversary of what happened to the Bytyqi brothers and we are still here having this conversation, and they might have thought 5 or 10 or 15 years ago that, fast- forward to 2019, that we would just stop talking about it. If you look around this entire room, there are not seats. They are plenty more people who would be filling these seats if we had them. And that should also send a powerful message to President Vucic and his team because they have goals for their country. And I believe, and I agree with what Mr. Bytyqi said, and what Ms. Goodman said, that justice absolutely must be part of any of those talks for a future relationship. For a Serbian relationship with the United States, it requires justice for the victims. This my third term serving in this committee, and I have heard a lot of personal stories on different topics for different nations around the world. I have to say that nothing was as emotional and gut-wrenching as listening to your story, Ms. Goodman, and your strength to be able to be here and to share that story with Congress and with the American people. It is a testament to your strength of character, and there is a lot of respect for you just to be here and be able to share those reflections with us. And I think it really highlights for all of my colleagues, as they read through House Concurrent Resolution 32, as they talk to their teams about what that text means, what the message means; that, hopefully, if they were not in this room to hear it, to replay the witness testimony from Mr. Bytyqi and Ms. Goodman especially, and sign on. We need every member of the House Foreign Affairs Committee to sign onto House Concurrent Resolution 32. We need every Member of Congress to be supportive of House Concurrent Resolution 32, and to send a powerful message beyond today to President Vucic and his team that all of their goals for what they want with their neighbors, what they want with a wider region, with the United States, it all requires, well, the demand and the insistence of the United States must include justice. In December 2018, the Department of State designated Goran Radosavljevic--it was under Section 7031(c)--due to his involvement in these war crimes. I am grateful that this designation was made by the State Department. Goran's name has been referenced in other meetings that have taken place with colleagues, and he is known to be a suspect in the murder of the Bytyqi brothers. And when Chairman Engel and I sat with President Vucic in Munich, it was explained that there has not been enough evidence in order to bring a prosecution. But the family wants their day in court. Based off the evidence that exists, the United States feels comfortable to make this designation back in December 2018. We have heard it acknowledged through people who have met with President Vucic in other settings, including Mr. Bytyqi was in the room when he heard it out of President Vucic's mouth, and others acknowledging that Goran is a suspect. So, what does that mean? Whatever evidence you have now, 20 years later, it is time for a trial. It is time for a day in court. This issue is not going to go away. And for the sake of U.S.-Serbian relations, and for Serbian relations with their counterparts in their region, for everything that they seek, that justice is what this committee, hopefully, will continue to demand. And once again, thank you to Chairman Engel because I know that, as President Vucic watches today, he knows that on both sides of the aisle that we will not let this issue go. And that is the key. Justice is the key, and that is what the United States must continue to demand. And I yield back. Chairman Engel. Thank you, Mr. Zeldin. Mr. Gonzalez? Mr. Gonzalez. Thank you, Mr. Chairman. My question will be for Ms. Krasniqi-Goodman. Ms. Goodman, thank you for being here with us. Thank you for your courage and willingness to tell your story to the committee. I know that it cannot be easy, but I am sure what you are doing means a great deal for women not only in Kosovo, but around the world, especially the thousands we face sexual violence during war. And I want you to know that we all here deeply care what you are saying and what happened to you and many others, and we want to do all we can to help women in Kosovo to find justice. With that being said, I have a special question for you and for Mr. Bytyqi. Do you feel that, as United States citizens, our government has lived up to your expectations in how we should have sought justice for you at this moment in time? And what would you expect, if not that? Ms. Krasniqi-Goodman. Thank you. I have been a U.S. citizen for 13 years. When I was going through the trial with my case, all the trials available to me, the basic court, the appeals court, the supreme court. The United States did not do nothing for me, no, they did not, but neither did my country, Kosovo. So, they let me down. But I am hoping maybe now it is something that we can start working on to seek justice, if it is not for my case, at least for the other 20,000 men and women, because we do need justice. Mr. Gonzalez. Well, as my colleague on the other side of aisle suggested, we will never forget what happened, and we will continue to look for justice for you and others who have suffered these atrocities. And, Mr. Bytyqi, I would like to hear from you as well. Mr. Bytyqi. Thank you, Mr. Gonzalez. Yes, the U.S. could do more. They could put an amount of pressure and take swift and precautional measures that Serbia delivers justice to my brothers, not only for my brothers, but the rest of the victims of the Kosovo Albanian war crimes committed. As you know, before I stated that, when Congress speaks, Serbia listens. The only way is political pressure on Serbia. That is the only way Serbia will cooperate, no other way. They will promise you heaven, but they will not deliver. As you have heard Chairman Engel, he was promised a few times. My family was promised. Members of this committee were promised. Nothing, nothing. Instead of prosecuting the criminals, he holds them dearly to himself, close to his lobby. Practically, they work still in the government of Serbia. Criminals that killed my brothers are still in power in Serbian government. Thank you very much. Mr. Gonzalez. Thank you. Thank you. And I see you visibly shaken. And, Ms. Goodman, thank you for your courage to come and express so vividly what happened to us, because this is the way we learn and how we can continue this fight until the end, until we can finally bring those to justice. My next question is to Ms. Goodman again. You brought your case to the UNMIK and the and the EULEX, where no action, nothing was founded, and your case was taken up in the Kosovo court system with two Serb policemen indicted. And ultimately, the supreme court dismissed their case. Do you have plans for further legal action against your perpetrators any other way? Ms. Krasniqi-Goodman. Thank you. Yes, we do have plans maybe to go through the chain of command. That is my only option at this point. Mr. Gonzalez. But have you not reached the last place, being the supreme court of the country? Or are you saying the international community? Ms. Krasniqi-Goodman. The supreme court of my country, it is a closed case. Now they are going to go through the chain of command. They are going to reopen my case and go through the chain of command. Mr. Gonzalez. Well, I am very sorry the international community has failed you, and we, the United States, will continue pushing this to the end and we will not forget. Ms. Krasniqi-Goodman. Thank you. Mr. Gonzalez. And I yield back. Ms. Krasniqi-Goodman. We need your help. Thank you. Chairman Engel. Thank you. Mr. Smith? Mr. Smith. Thank you very much, Mr. Chairman, for convening this important hearing, and to our distinguished witnesses for bearing witness to an extremely ugly truth that still needs to be rectified in terms of accountability. And I do want to thank all of you. Dr. Williams, your testimony about the accountability gap--you know, during the conflict, I remember traveling to Stankovic and met with hundreds of refugees who were the lucky ones who made their way over the border to relative safety, but, obviously, so many others never were able to make that trek and suffered horribly under Slobodan Milosevic. And I think it is very timely, 20 years later, to be calling for all of the unmet needs when it comes to justice, which has not been served well. As you point out, the number of sexual assaults, about 20,000 individuals were the victims of conflict-related sexual violence, and that is almost a carbon copy of what happened in other parts of that region, particularly in Bosnia. I remember chairing a hearing with Bianca Jagger who had borne witness to exactly what was happening to Bosnian women, and the same happened to Croatian women. And still, there has yet to be a full prosecution of those who have committed these crimes. And this is a fresh reminder that we need to redouble efforts. If you could speak to the evidence that was gathered by UNMIK, which obviously disappointed in the extreme? Why were they so feckless in their work? And is that evidence still available? I mean, one of the things we learned in Srpska as well, Republican Srpska, was that one of the reasons why reconciliation could not happen is because people were living right next door to people who had committed atrocities, including in Srebrenica, and elsewhere. So, it is the same thing, obviously, in Kosovo. I wonder if you could speak to that evidence, whether or not it is still usable. I remember when the original court for the former Yugoslavia was constituted, all of us were concerned, and I actually offered an amendment on it to ensure that we captured that information, because you cannot do a prosecution effectively if you do not have actionable data and information. So, if you could speak to that, whether or not that information still could be used, eye witness accounts, for example? And again, I came a little late. So, I do not want to be redundant on other questions, but I will look at the record and go over your testimoneys very carefully. But thank you so much, and thank you, Mr. Chairman, for this hearing. Chairman Engel. Thank you. Ms. Omar? Mr. Smith. I think Professor Williams wanted to answer. Chairman Engel. Oh, I am sorry. Dr. Williams. If there is time permitting---- Chairman Engel. There is time. Mr. Williams [continuing]. I would like to provide a brief answer. Chairman Engel. I jumped the gun. Dr. Williams. Thank you, Congressman Smith. On paper, you would hear that the files gathered by UNMIK were transferred to EULEX, and then, those would be made available to the Specialist Chambers. But you can sort of imagine your crazy uncle's garage and a filing system. And that is my fear, is that when these testimoneys were taken, when the witnesses' testimony was made available, the investigators for UNMIK/EULEX were not trained and did not prioritize conflict- related sexual violence. There is an incidence where NATO troops took over 50 testimoneys and provided them to UNMIK, and UNMIK essentially said, well, what do you want us to do with these? And the NATO forces are saying the victims are coming to us and telling us their stories; you need to get out there in the field and set up proper investigations. So, I think what you would find is that there are plenty of leads and there are plenty of witnesses willing to tell their story and to identify the perpetrators. And that is what is unique about Kosovo, is the deep, deep commitment of the victims to seeing justice be done, so that there can be reconciliation and they can live alongside their neighbors. It is going to need the resources that the Specialist Chambers has, and it is going to need the infrastructure that the Specialist Chambers has. And there are two things that are important about the Specialist Chambers. One is a comprehensive witness protection program, which, again, when you are talking about conflict-related sexual violence, that is very important. And then, second, they actually have a provision for victims' counsel. So, when you go to the court, there are the judges; there is the prosecution; there is the defense, and the victims actually have the third podium, so that they can be represented. And they can bring the evidence. They can ask questions. They can cross-examine. They can make submissions. So, it provides that role of the victims to basically rebuild the integrity of what is a failed justice process. Again, you can only do that if you clarify, reframe, and possibly amend the statute of the Specialist Chambers. But that is the only way you are going to get a durable peace in the Balkans. Thank you. Mr. Smith. Thank you, Mr. Chairman. Chairman Engel. Thank you, Mr. Smith. Ms. Omar? Ms. Omar. Thank you. I want to start by saying to Ms. Krasniqi-Goodman how much I admire your courage for coming here today and sharing your story. We could all visibly see how shaken you are and how much you are still being traumatized by what happened to you 20 years ago. And to Madam President, so much of your testimony deeply resonates with me. Like both of you, I am a survivor of war. I particularly wanted to talk to you guys about the use of sexual violence and rape as a weapon of war, which you both spoke about in such clear and heartbreaking terms. As I am sure you know, the U.N. recently put a resolution on the use of rape as a weapon of war. It was severely watered-down at the insistence of the United States. This is outraged me, as it should outrage every American. In the first place, I want to assure you that the administration's position does not reflect that of the American people and does not reflect that of Congress, and it certainly does not reflect my position. As we continue to partner on justice mechanisms in Kosovo, you have allies in Congress on making such complete accountability. It is made not only for the survivors of war in Kosovo, but those around the world. And this concludes the complete range of necessary reparations, including access to sexual and reproductive health care for victims. Madam President, I am hoping that you could tell us about your experience in leading the effort in Kosovo, what is necessary to fully address the victims of sexual violence in war, and how the United States can tangibly help address this. Ms. Jahjaga. Madam Omar, thank you very much. And as I already mentioned also in my long statement filed for your information, we, as a country, as the institution, telling you this truth, we did not know how to handle with the issue of the survivors of the sexual violence for the continuous 13 years after the end of the war, due to the stigma and due to the taboo topic that was existing among our society. But the turning point for the status of the survivor has been in 2014 with the National Council of the Survivors of the Sexual Violence. We started the process of the rehabilitation, reintegration, resocialization, and access on the justice. Just 1 month after the work of the National Council, the law for the war values has been amended, which has recognized the status of the survivors of the sexual violence as the civilian victims of the war, which automatically has guaranteed and granted the rise for the life-term pension, which is directly linked with their reintegration, rehabilitation processes that have been put already within the system, the legislative system of Kosovo. It is the budget has been also approved by the government of Kosovo last year, and we are in the process of the proceeding of the application through the verification committee approved by the government of Kosovo, which is a very slow process going, but we are very much satisfied because this will be another step forward on their continuous demand and the requirement for the access on the justice, which is also the precondition. Because with the application and the coming forward to speak about the atrocities that they have gone through, they would be able for the first time to share their stories, starting from the committee, but also which will indirectly empower the survivors to come forward and to seek so much needed justice that has been lacking for the 20 years after the end of the war. Madam Omar, we will never be able to offer our survivors with a full recognition, with a full reparation, or justice. But I am telling you the truth. That has been overdue for these past 20 years after the end of the war. And if we do not act now, which is the main reason why we are here today, to establish the necessary mechanism of the Special Court which will be exclusively investigation, investigating the war crimes, crimes against humanity, and include in there rape that has been used as a tool of war, this will be forever a burden and burning in our conscience, and we should not allow this. It has been enough happening for these past 20 years. Ms. Omar. Yes. Thank you so much for your presence and your testimony and the work that you are doing. It really speaks to the role women play in reconciliation and sort of helping communities we build, as we are storytellers, we are the revivals of our communities. And to you and to everyone who had suffered the horrific war in Kosovo, my heart is with you. Thank you. I yield back. Chairman Engel. Thank you, Ms. Omar. Mr. Burchett? Mr. Burchett. Thank you, Mr. Chairman, Ranking Member. I appreciate you all being here. I come from this at a little different angle, I guess. My father fought in the Second World War in the Pacific, and he visited, went back to one of the islands that he was on the invasion on, but the other one he did not. And as a child, I remember him telling me some of the horrific stories of things they found out that, in fact, I guess the Japanese were doing to the Koreans and these ladies that they had actually kidnapped. And my father was invited back for the anniversary of that invasion, and he would not go. Looking back on that now, I think I understand why, because of some of the horrific things he saw that were done to those folks at the hands of the Japanese. Do I call you President? Is that correct? I am going to try your last name, Jahjaga. Not close? Close? Close? I got it? All right. Well, thank you, ma'am. I am from east Tennessee. The chairman always thinks I am from his hometown in New York, but I am not, by my accent. [Laughter.] But I am concerned about the Serbians have such low political will, that that is political correct--I just think it is gutless--to investigate these war crimes. And what more can we do as a country, and I can, as a Congressman from Tennessee, do to put pressure on the Serbian government to bring some justice about? And the followup of that would be, is there any hope that we could have some cooperation between the law enforcement and the judicial institutions in Kosovo and Serbia? And I just throw that out to the panel. And, Madam President, if you want to take a shot at it, that would be great. Ms. Jahjaga. Mr. Burchett, thank you very much. And to tell you the truth, that was the closest ever I had on pronouncing on surname. Mr. Burchett. Well, thank you. Ms. Jahjaga. Well, you mention the word ``low political will''. If I may say, there is no political will at all. So far, we have not seen that to be shown or to be expressed by none of the leadership of Kosovo. On top of that, they have been using Kosovo and the crimes that they have done unjustly toward the innocent people of Kosovo for the political gains within their own country. And they are getting very easily off with that. And the world, the rest of the democratic world, it is not recognizing that, or it is allowing for Serbia to get off very easily with this matter. On purpose, I did mention that it is not our intention to create a monster out of one nation, like the people of Serbia. People of Kosovo have no problem with the people of Serbia. What we want is from the Serbian people, and from the Serbian leadership, to take the responsibility and to take for accountability, and to keep them accountable for the crimes that they have done unjustly toward the innocent people of Kosovo. It has been way too far, 20 years. We are speaking about 20 years' time. You mentioned an issue of the cooperation of the law enforcement and others. From somebody that has a law enforcement background myself, there is no cooperation whatsoever when we speak about the war crime cases. And do you want me to tell you that Serbia is continuing with their ongoing fight to stop Kosovo's membership in all of the international and regional organizations, including the INTERPOL and Europol? Just last year, Kosovo has been voted against the membership in INTERPOL, which is one of the basic international institutions for the cooperation on the matters of the rule of law. So, while Kosovo has shown readiness all the time, we have been always facing with the denials from Serbia to have whatsoever cooperation. And for the cooperation in the rule of law, we are not only speaking in the war crime cases; we are speaking also the day- to-day cases, which are a handicap for Kosovo's progress. Because of the lack of the cooperation for Serbia, we have that level of organized crime and the corruption taking place in the northern part of Kosovo, which Serbia is keeping hostage or is controlling their parallel and illegal structures which are operating in the northern part of the country. Mr. Burchett. I yield back the remainder of my time, Mr. Chairman. Thank you, ma'am. Chairman Engel. Thank you, Mr. Burchett. Mr. Phillips? Mr. Phillips. Thank you, Mr. Chairman, and for your steadfast efforts relative to the Balkans generally and Kosovo particularly. And to each of our witnesses, and all of you that took the time to be here today. It makes a big impact on us. And I want to salute you, Ms. Goodman, and you, Mr. Bytyqi. Your stories deeply affect me, and perhaps most importantly, inspire me. And they say that sunshine it the best disinfectant. And now that we have illuminated the truth, I believe it is time to start paving the path to justice. To that end, the tools available to us are somewhat limited, but foreign aid is surely one of them. Yet, if we reduce foreign aid to Serbia, it likely pushes them closer to the Russian sphere. Yet, maintaining the status quo does nothing to inspire a change in attitude. So, my question begins with you, Dr. Williams. How do we address this conundrum? What leverage do you think might be available to us to affect or assert the pressure that is needed, particularly as it relates to how we use our foreign aid? Dr. Williams. Thank you, Congressman Phillips. We have an amazing ally in the Balkans, the State of Kosovo, the country of Kosovo. And so, oftentimes, when we think about influencing a State's behavior, we will think about what type of sanctions we might put on Serbia, what type of limit on aid, what type of truth, sunlight we can bring to bear. But I think it is also important to remember that we need to have Kosovo's back. They are trying to become a member of INTERPOL. They are trying to become a member of the United Nations. They adopted this Specialist Chambers with this distorted mandate. They are contemplating reframing it and reshaping it. The United States needs to double down on its support for those things that the government of Kosovo, the country of Kosovo, is doing to try to pave the path toward justice. So, there are a number of mechanisms that the U.S. Government has in its toolkit to pressure countries. But here you have a case where there is a country you can work very closely and very effectively with, and we have a long history and, quite frankly, a special relationship with the country of Kosovo. And that would be where I would encourage the U.S. Government to put its energy to work to bring about a sense of justice for the victims and to put its resources in that direction. Mr. Phillips. Thank you, Dr. Williams. Madam President, if you might opine on the same question? Ms. Jahjaga. Mr. Williams was very right that the United States actually has no stronger ally than Kosovo and the Albanian people, the entire region of the southeastern part of Europe. And the United States can help to affect the truth and justice in your foreign policy with Serbia, and that has to be one of the priority requirements. It has to be part of the foreign policy of the United States toward the neighboring country, our neighboring country of Serbia. And use every mechanism possible that the United States and this committee can do to make pressure for the establishment of the Special Court or defining the new mandate and the mission of the already-existing Special Court to include also the crimes committed against Albanians. Mr. Phillips. Thank you, Madam President. Before I yield back my time, I just remind everybody that we must be relentless. It is never a time to give up. And I think over time, if each of us with the same end game in mind worked together in a bipartisan fashion on this side, and all of you collectively, we will see the change that we desire. I yield back my time. Chairman Engel. Thank you, Mr. Phillips. Mr. Vargas? Mr. Vargas. Thank you very much, Mr. Chair. I kind of knew you before I got here because of the family that lived with us. We were very fortunate in that, when we were seeing what was happening with the atrocities in Kosovo, my wife and I decided to adopt a family from Kosovo. And so, we did. And so, the family lived with us for 2 years: Brahim, Sevdie, Lirije-- although she writes it ``Lareege''; we used to teach her that it was ``Lareege,'' but it is Lirije, and Blerina. So, they lived with us for 2 years. They were from a place called Podujevo--at least that is how I pronounce it--not from Pristina because so many people that I met later on were from Pristina. And so, I heard of all the atrocities, all the terrible things. But I also heard of Mr. Engel because of all the work that you did and, in particular, Bill Clinton. When I had a picture of Bill Clinton, they were very excited to see that. But I have to say they live in San Diego now. They are doing extremely well. One of the daughters, she is the person who runs, the manager of a Wells Fargo branch. The other one is in college still. Both the husband and the wife are doing extremely well. He is like my seventh brother. I have six brothers. He is like the seventh, and she is like the fourth sister that I have. They are wonderful, wonderful human beings and people, and we love them deeply. But the atrocities that they saw, thank God that they avoided many of them, although their life was very difficult. They went to Macedonia. From Macedonia, they were airlifted to Fort Dix, New Jersey. And from Fort Dix, New Jersey, they came to our house in San Diego. And again, they lived with us for almost 2 years. But I am horrified that we have not done more on these war crimes. And one of the things that was interesting to me, I always used to ask Brahim, I said, ``How did you live before? Were you always fighting?'' He said, ``No, it was amazing.'' He said that, ``Neighbors that we knew were turning us in, saying that these are Muslims, these are Kosovars, people that we had known forever that were our friends, how they turned against us.'' And some of the people had committed atrocities. And that we have not been able to bring these people to justice is I think a real travesty. So, Dr. Williams, I would like to ask you, I mean, I thought that the tribunal was going to work better, frankly, and it has not. And why is that? I mean, we know that the crimes are there. I have been listening to all the testimony. Crimes are there. The victims are there. The evidence is there. It seems like the will is not there. What do we need to do, Dr. Williams? Because I think we have to have a better resolution than we have today. Dr. Williams. Thank you, Congressman Vargas. The difficulty with the Specialist Chambers, the tribunal, is that it has a distorted origin. It came about because there was this misperception that there had not been justice for all. But, as we have seen in the testimony, the Yugoslav Tribunal, and then, the EU and the U.N. domestic tribunal, bent over backward to pursue moral equivalency, to create all sides equal. And then, somehow this court popped about to prosecute ethnic Albanians associated with the Kosovo Liberation Army, and there was not the thought or the need to perceive how it would become distorted as it was implemented. That said, it is an internationalized tribunal. It is a Kosovo tribunal, but it is a hybrid and it is based in The Hague. And you can read the statute to actually provide accountability for all of the perpetrators and justice for all of the victims, but there has not been the political will to do that. When you look at the public statements of the European officials or those that comment on the court, they still echo the perception that it is an ethnically based tribunal just focused on the Kosovo Albanians. It is legally incorrect, but, as a lawyer, I can tell you that does not really matter. Mr. Vargas. Right. Dr. Williams. It is the public perception of the diplomats. And that is why you need a counter-narrative. All perpetrators should be held accountable. All victims should have access to justice. And this tribunal, which is a state-of-the-art tribunal and has learned lessons from a dozen other international hybrid tribunals, is the place to go. Mr. Vargas. Well, I hate to say it, but my time is almost up. But I have to tell you, I mean, there is no moral equivalency here. Most of the atrocities were committed by the Serbs against the Kosovars. I mean that is reality. And so many of the people who committed these horrible crimes, you have heard, have not been brought to justice. And I think we have to figure out a way to put more pressure on, not only to have the back of our friends, but also those that committed these crimes, sure, we need to apply more pressure to bring these people to justice. President, yes? Ms. Jahjaga. Mr. Vargas, if I may, because Dr. Williams has mentioned that there has not been a political will. It is true; it has never been a political will. And to tell you the truth, there is never a political will from none of the parties, would be the political will, if there is no sufficient pressure coming from the bodies which are required. And that is what we are requiring from you, the necessary pressure and the mechanisms to be used toward Serbia to hold them accountable and to moving in that direction, to keep them--to build in this political will, as they are supposed to have from day one. Mr. Vargas. Thank you, and I agree with you completely. Thank you. Thank you, Mr. Chairman. Thank you. Chairman Engel. Thank you, Mr. Vargas. I want to just take a prerogative to comment on something that Dr. Williams had mentioned. And that is that you would think that, 20 years later, we would have been more down the line; we would have accomplished more; we would have done more. And President Jahjaga said it as well. It is really disappointing that the political will of the rest of the world has not really been there. It is just unbelievable. And, if you go to Kosovo, there is no more pro-American country than Kosovo. You get stopped in the street by strangers. They know we are Americans. They want to be part of us. They want us to be part of them. And I just think the people of Kosovo deserve so much more. Mr. Sherman? Mr. Sherman. Mr. Chairman, we have served on this committee together for 23 years. And during those 23 years, I have seen your dedication to the innocent victims in Kosovo. And I have seen other Members of Congress get involved in a particular issue or focus on a particular part of the world, but I have never seen any of our colleagues put their head and their heart into a human rights issue as you have for the people of Kosovo. I had the opportunity to visit the refugees 20 years ago, and it is appropriate to have this hearing now, not because something happened 20 years, but because of what is continuing to happen, and more importantly, not happen. I want to say a few words of praise for the United States. As we have learned today, America can do more, should do more, must do more. But, looking around the world, America is depicted as a nation that will always take a position against people or nations that are predominantly Muslim or of Muslim heritage. But, in fact, no nation did more to protect the people of Kosovo, of all religions, a nation of predominantly Muslim heritage. No nation did more to protect the Bosniaks and the people of Bosnia. And chairing the Asia Subcommittee, no nation is currently doing more for the Rohingya and for the Uighur. Now we need to do more, but the world, especially the Muslim world or the countries that are predominantly of Muslim heritage, need to understand America's role and that others have not done as much. Of course, we bombed Serbia twice, once for to protect the people of Kosovo and once to protect the people of Bosnia. I will ask all the witnesses, but starting with Dr. Williams, what specific steps should the United States take to help the country of Kosovo? And particularly focus on how do we get Kosovo into INTERPOL. That just makes us all less safe. If you are in favor of crime, then you want to keep countries out of INTERPOL. What argument is there to exclude them, and what pressure can the United States put on that one issue and other issues? And then, we will turn to Madam President. Dr. Williams. Thank you, Congressman Sherman. The United States has tremendous leverage when addressing questions of the former Yugoslavia and, in particular, Kosovo. As you noted, the Americans, through NATO, led the humanitarian intervention to stop the violence and atrocities in Kosovo. It was the American airplanes which were doing the no-fly zone over Bosnia and engaged in the airstrikes to protect the people of Bosnia, as well as the U.N. peacekeepers. Even 20 years later, the United States has tremendous moral authority when it comes to addressing issues in the Balkans. And it is appropriate for the United States to draw down on that moral authority when insisting that Kosovo become a member of INTERPOL, when seeking to promote its membership in the United Nations. Kosovo is recognized by over 100 countries, but is not a member of the U.N. And so, this has some consequences for its ability---- Mr. Sherman. But is there a particular strategy, Madam President, that we should use with regard to INTERPOL, the U.S., or other international organizations? Ms. Jahjaga. Congressman Sherman, thank you very much. And first of all, I want to express our deepest thanks and gratitude on behalf of all people of Kosovo for the great support and the help that we have been getting from the people of the United States of America and from institutions of the United States of America. We would not be able to come this far the way we have come if we did not have you alongside with us, which we appreciate that a lot. Kosovo, all of the progress that we have done so far, we have done in the coordination and in the close collaboration with all of our allies, starting from the United States of America. Not only Kosovo, but the entire region, is the investment and the cooperation between the countries and between the Western countries. But, somehow, we are in the halfway, that we need, if I may use the term, the final push in order to be in the other half, that we do not endanger any of the processes or any of the progress of sliding back that we have jointly invested so much in this past two or three decades. You have referred to the composition of Kosovo. Actually, Kosovo is a very multi-ethnic and a multi-religious community where all of the community groups have been living together for the past several of the decades. To tell you the truth, that has been one of the biggest strengths, that we have been able always to buildupon that; that none of that has been the reason why the war has started in Kosovo, but the reason has been for the power struggle and for the egos of certain political gains which within the night that turns their neighbors into the enemies in there. And so, Kosovo, in all of its initiatives, no matter being a member State of the regional organization or the international organizations, started from the United Nations. So far as Dr. Williams has mentioned, we have been recognized by over 110 countries around the world. We are closely operated---- Mr. Sherman. Is there any particular thing we could do---- Ms. Jahjaga. Yes. Mr. Sherman [continuing]. At INTERPOL to press them in the right direction? Ms. Jahjaga. We are closely cooperating and there is a strategy in place by the government of Kosovo, which we have shared with all of the authorities here and with other allies, what has to be supported. But the priority thing is to kind of like make that necessary pressure toward Serbia, toward all of their supporters, like Russia and China and other countries, to not use the veto against the Kosovo in every single thing, because they are not only harming Kosovo, but they harming, also, other processes which are related to the safety and the security of our citizens in the entire region of the southeastern part of Europe. Chairman Engel. Thank you, Mr. Sherman. Let me, in conclusion, say that this was a very excellent hearing. I think that a lot of points were raised, and I think the whole situation is there. It is going to, obviously, be broadcast all across the country on C-SPAN. And anything that we can continue to do to draw light on the fact that this was 20 years ago, and the people have still not seen justice. I wanted to just add one thing, and that was not only has Serbia kept Kosovo out of INTERPOL, but also out of other agencies as well. And it seems to me that, if we are talking about ascension to the European Union by both Kosovo and Serbia, that it shows an incredible amount of bad faith on the Serbian part for them to continue to block, or attempt to block, Kosovo from becoming part of these important organizations. It shows very bad faith, and I think we have to talk about that more and more. So, let me conclude by saying this has been a very important and enlightened hearing. I think that the issues have all come out. I want to thank our panelists. All four of you were really excellent and really brought home another aspect of why it is so important for us to act now. And I want to tell you that I have gone around the world, but Americans will not be greeted better in any place in the world than in Kosovo. Truly, the country has a love affair with Americans, and I have had a love affair with Kosovo. So, I want to thank all the people who made their way here from New York and other places. I want to thank our witnesses, President Jahjaga, Dr. Williams, Mr. Bytyqi, and Ms. Krasniqi-Goodman. Thank you so much. And we will continue to seek justice for all the people who deserve it. Thank you. The hearing is now closed. [Whereupon, at 12:20 p.m., the committee was adjourned.] APPENDIX [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD BY CHAIRMAN ENGEL [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]