At about 2.30 p.m on 30 April 2001, 18-year-old Aleksandar
Dodic was shot twice and killed whilst walking with his sister and a
friend in the Vitina market place.
He was killed simply because he was a Serb. At the age of 18, he had
his entire adult life in front of him. He was described as a young man
full of promise, very popular and full of life.
In the course of the incident, one of the shots fired by the gunman
by chance hit an Albanian man sitting in his car nearby causing him
serious injuries.
Last month, at the Gjilan District Court, two young Kosovo Albanians
were convicted of the murder and causing serious injury to the second
victim and were each sentenced to 15 years in jail.
This case typifies a particular and terrible aspect of post-conflict
society in Kosovo. All internationals who work in the judicial system
in Kosovo will have had experience with similar cases. The problem of
ethnic bias, both actual and perceived, is so deep rooted here that
it is, of course, one of the principal reasons for the presence of international
judges and prosecutors in Kosovo.
It could be argued that young people such as these defendants have grown
up in an environment characterised by ethnic hatred and that they have
been exposed, either directly or indirectly, to events that have desensitised
them. Therefore, it is said, they may be much more ready to see such
behaviour as at least acceptable, if not desirable. This may well be
true, but the Kosovo society is not unique in this respect. History
provides many illustrations of societies where ethnicity has been the
source of violent conflict, and there are modern parallels elsewhere
in the world.
Nonetheless, most societies have advanced beyond the point where this
type of action can be tolerated. This can only be achieved by popular
will. Until the vast majority of people feels they can confidently and
publicly reject such crimes, there will continue to be occasions when
others, like Aleksandar, will lose their lives.
To some, and surely to his family, Aleksandar's death may seem to have
had little purpose. Certainly it is true that so much of what he had
to offer lay in the future. Sadly his death is far from unique. However,
there are reasons to believe that, albeit very gradually, improvement
of a critical kind is taking place in the hearts and minds of ordinary
citizens of Kosovo. The majority of people have a strong desire to lead
positive and useful lives, and significantly this is most apparent in
the young. Secondly, education is increasingly seen as the means by
which people make progress, and education carries with it the benefits
of increasing tolerance and broadmindedness. Thirdly, the continuing
imposition of peace by KFOR and UNMIK, together with the establishment
of the Provisional Institutions of Self-Government, carries the process
forward since the passage of time is a subtle but surprisingly powerful
factor in this process. If the eventual outcome is successful then possibly
Aleksandar's family will be able to take some small comfort from the
fact that others had spent a little of their own lives thinking of the
qualities which he possessed and that the lessons from his death have
not been wasted.
Timothy Clayson
International Judge
