Empathetic prosecutor: “The pain of these survivors accompanies me everywhere”
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Drita Hajdari is a human rights lawyer from Kosovo1. She was the first domestic prosecutor to file an indictment for war-time sexual violence as a crime against humanity. While processing the case, she also created a guideline that became the basis for prosecuting all other cases of sexual violence during the war.
What drew you to a career in justice and human rights?
Over my entire life, I have had a strong sense of justice. Soon after my law studies, I got engaged in the justice system of Kosovo. I have worked as a judge, attorney and most of my career as a prosecutor. I have defended the rights of survivors, and at the same time been mindful of the rights of the accused.
Some of the accused I have prosecuted were from the world of corruption, nepotism and organized crime. I have also handled cases of terrorism and war crimes, which caused me pain and suffering. More than 25 years after the war in Kosovo, victims of war await justice – especially survivors of sexual violence.
How did you navigate the personal and professional challenges of prosecuting war crimes, particularly those involving gender-based violence?
During the war in Kosovo, many women and men were raped, but we still don’t have accurate statistics. We have information about many survivors, but many others have decided to stay forever silent because of fear and stigma. Most of the survivors are women; therefore, an important factor in my successful handling of these cases was the fact that I am a female prosecutor. I dealt with these cases with professionalism and empathy for the victims, which made them open up and talk freely about what happened to them.
I took these cases not only as a legal obligation to justice, but also as a moral obligation. I felt deep empathy for the survivors. I felt their pain and suffering. These are not cases that can be forgotten after work hours, when we leave the office and go home. The pain of these survivors accompanies me everywhere.
In your view, what role does accountability for war crimes play in building lasting peace and advancing the WPS agenda?
The lack of accountability and punishment for war crimes has undoubtedly had a negative impact on peace and security in the post-war period. The devastating consequences of war are present to this day and represent a great burden.
In Kosovo, there are still a large number of missing persons, so it is difficult to expect peace and security while families are still searching and waiting for the remains of their loved ones to be found. Bringing perpetrators to justice and finding the missing must be higher on the international agenda.
The problem of war crimes in Kosovo should be part of the permanent WPS agenda, which through programmes and meetings will develop and encourage discussions on dealing with the past and thus create the basis for sustainable peace and security in the region and all over the world.
How can justice systems be strengthened to better address conflict-related sexual violence and support survivors?
In order to successfully prosecute these crimes, it is necessary to approach this problem strategically, by creating programmes that serve as a guide for all actors in these criminal procedures. First of all, it is necessary to create a comprehensive social programme against stigma … to remove the survivors’ fear of stigma and convince them that they are not guilty of what happened to them.
Also, investigative bodies – police, prosecutors and courts – must not compromise in proceeding on these cases. These institutions must enable easy access for survivors to the legal system and should react with efficiency.
What needs to be done at the national and international level?
A particular problem is the lack of international legal cooperation. In most cases, States are not willing to extradite citizens who have committed war crimes. An important role in overcoming this situation is played by the [Women, Peace and Security] WPS programmes that protect the rights of the survivor, which can change the approach of States regarding the surrender of perpetrators of these crimes.
I also created a guideline, which became the basis for prosecuting all cases of sexual violence during the war. In this way, I have contributed to the rule of law in Kosovo, which plays an important role for peace and security in the country and the region.
1All references to Kosovo should be understood to be in the context of United Nations Security Council resolution 1244 (1999).
This story is published as part of "The Past, Present, and Future of Women, Peace, and Security" campaign, commemorating the 25th anniversary of UNSCR 1325, to celebrate the power of peace. The campaign aims to foster a deeper dialogue on equality, justice and peace, honoring the legacies and amplifying the voices of 25 trailblazing women from across Europe and Central Asia whose significant contributions have transformed their communities, societies, and beyond. The content reflects the personal views and experiences of the author(s) and does not necessarily represent the official position of UN Women, its partners, or the United Nations.