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All Journal Hasanuddin Law Review
Maliqi, Alban
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Law, Crime, Criminology & Criminal Justice

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Enhancing Minority Rights in Kosovo and the Balkans: Legal Avenues to Inclusion Alidemaj, Avni H.; Maliqi, Alban
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5911

Abstract

The establishment of lasting peace as a requirement for overall societal development is one of the major challenges facing emerging multi-ethnic societies. On the other hand, a lack of fundamental rights and liberties can spark unrest within the state, with the potential for conflict escalation and the involvement of other countries. The Balkan region is a classic example of ethnic conflict that has resulted in crimes and deep enmities between people who once lived peacefully together. The paper compares Kosovo to other Balkan countries in terms of the importance of empowering minority rights and freedoms, as well as using the proactive approach of governmental institutions to include minority community members in the decision-making process. The research has found that the minority groups are not well informed on legal guarantees of their rights and liberties, therefore the impression of legal gaps in safeguarding the latter is very significant. Long-term peace can be maintained by ensuring minorities' rights through the constitution and legal framework and then ensuring those rights are known to the minorities and upheld as well. The article applies a legal-doctrinal, analytical, comparative, qualitative, and quantitative method to determine the legal framework of minority community rights in Kosovo and how they interact with state institutions.
Enhancing Minority Rights in Kosovo and the Balkans: Legal Avenues to Inclusion Alidemaj, Avni H.; Maliqi, Alban
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5911

Abstract

The establishment of lasting peace as a requirement for overall societal development is one of the major challenges facing emerging multi-ethnic societies. On the other hand, a lack of fundamental rights and liberties can spark unrest within the state, with the potential for conflict escalation and the involvement of other countries. The Balkan region is a classic example of ethnic conflict that has resulted in crimes and deep enmities between people who once lived peacefully together. The paper compares Kosovo to other Balkan countries in terms of the importance of empowering minority rights and freedoms, as well as using the proactive approach of governmental institutions to include minority community members in the decision-making process. The research has found that the minority groups are not well informed on legal guarantees of their rights and liberties, therefore the impression of legal gaps in safeguarding the latter is very significant. Long-term peace can be maintained by ensuring minorities' rights through the constitution and legal framework and then ensuring those rights are known to the minorities and upheld as well. The article applies a legal-doctrinal, analytical, comparative, qualitative, and quantitative method to determine the legal framework of minority community rights in Kosovo and how they interact with state institutions.
Compliance with International Humanitarian Law and Peacebuilding in Post-Conflict Kosovo Alidemaj, Avni H.; Maliqi, Alban; Doone, Johne; Bytyci, Valdon
Hasanuddin Law Review VOLUME 11 ISSUE 3, DECEMBER 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i3.6645

Abstract

Unprecedented violent conflicts occurred worldwide during the 20th century. Millions of lives lost, infrastructure destroyed, and generational effects on post-conflict nations. Meanwhile, international humanitarian law was developed to reduce conflict damage. Government parties to International Humanitarian Law (IHL) conventions have enforceable obligations to implement, promote, and perform their duties, helping to promote their wider recognition and enforcement. During the Kosovo conflict, Serbian military commanders and the police violated international humanitarian law by breaking fundamental precepts. The study of the Kosovo conflict prioritizes criminal accountability and historical documentation over the enduring societal consequences of violations of IHL. There are not many studies that look at how not following IHL affects transitional justice after a conflict. The findings indicate that successful post-conflict reconciliation necessitates enhanced domestic implementation and enforcement of transitional justice frameworks. This includes ensuring accountability for significant violations, fostering victim-centered truth, and institutionalizing IHL education to avert recurrence and facilitate enduring interethnic reconciliation. The article examines the major transgressions of IHL amidst the war in Kosovo (1998–1999), and their effects on post-conflict interethnic reconciliation. Utilizing qualitative, quantitative, and legal-dogmatic methods shows that non-adherence to IHL during armed conflict directly affects transitional justice and severely impacts reconciliation efforts.
Co-Authors Alidemaj, Avni H. Bytyci, Valdon Doone, Johne