The Kosovar past consists of many layers which involve oppressions, inter-ethnic clashes and wars. Sufferings resulting from this past were never acknowledged properly either by the parties involved in those conflicts or by the international community. Consequently, it caused revulsion, intolerance and a deep division between the Albanian and Serbian population. However, the 1998-1999 armed conflict brought new waves of violence and deepened the rift between Albanians and Serbs. Thousands of people were killed, more than 4,000 disappeared and over 2,000 were detained.
Oppression, violence and suffering, have installed suspicion, mistrust and fear in Kosovan society. It negatively affects all aspects of society including the ways in which former “enemies” interact today.
Many people in Kosova/o do not find it difficult to talk about the pain of the past, particularly of the terrible years under the Milosevic regime; however, such talks are convened only within the circle of one ethnic group. Two main ethnic communities, Serbian and Albanian, remain totally disconnected from each other.
Under the auspice of its third Pillar, the OSCE, UNMIK was among other things empowered to assist and develop democratic institutions, civil society and the rule of law. Although it made an enormous contribution to the resurrection and development of democratic institutions, as well as strengthen the community’s civil society spirit, its involvement in transitional justice remains elusive.
This paper discusses the relevance that the transitional justice plays in promoting sustainable peace. To this extend, it analyses the UNMIK''s role as a surrogate state in post conflict recovery. It explores the flaws of its transitional justice tools, by highlighting the link between its mandate and its undertakings. In light of the above, it argues that transitional justice should not be seen in the frame of criminal trials only, but rather as a complex enterprise consisting of different ingredients , which altogether make a post conflict recovery successful.
