Salih Mustafa

Salih Mustafa also known by the nickname "Cali", (born 1 January 1972) is a former Kosovo Liberation Army (KLA) war commander from the Guerilla BIA unit, the former intelligence chief of the Kosovo Security Force (KSF).[2] In 2022, he was convicted of war crimes in Kosovo Special Court and sentenced to 26 years imprisonment.

Not to be confused with Muhammad Salih Mustafa.

Salih Mustafa
Salih Mustafa during the Kosovo Special Court (2020)
Nickname(s)Commander Cali
Born (1972-01-01) 1 January 1972
Pristina, SR Serbia, SFR Yugoslavia (now Kosovo)
Allegiance Kosovo
Service/branchNational Movement for the Liberation of Kosovo[1]
Kosovo Liberation Army
Kosovo Protection Corps
Kosovo Security Force
Years of serviceBefore 1993 (NMLK), 1993–1999 (KLA), 1999–2020 (KPC/KSF)
RankCommander,
UnitGuerilla BIA
Battles/warsKosovo War
Criminal chargeWar crimes of arbitrary detention, cruel treatment, torture, and murder
Penalty26 years imprisonment

Early life and education

Mustafa was born on 1 January 1972 in the city of Pristina in Kosovo, then part of Yugoslavia. He completed studies in economics and following the end of the Kosovo War, he served as an adviser in the Kosovar Ministry of Defence.[3]

Kosovo War

During the Kosovo War, Mustafa served with the KLA as a commander of a guerilla unit operating in the Llap region of Kosovo.[4] In 2021, Mustafa was charged for war crimes for acts committed against Kosovo Albanian civilians detained in the detention compound in Zllash in April 1999.[5][6]

Trial and conviction

Mustafa was indicted for war crimes by the Kosovo Specialist Chambers. The indictment charged Mustafa with "arbitrary detention … cruel treatment … torture … and murder" of civilians in 1999, in particular ordering prisoners to be tortured at an internment camp in Zllash/Zlas. Mustafa's trial began on 15 September 2021 and was the first heard by the Kosovo Specialist Chambers. Prosecutors said that witnesses would testify at the trial that Mustafa had tortured them or had ordered their torture.[7][8]

In December 2022 he was convicted of the war crimes of arbitrary detention, torture, and murder, but not convicted of cruel treatment as the panel considered the allegation to have been subsumed into the charge of torture. He was sentenced to 26 years in prison.[9]

The verdict and sentence were criticized by some Kosovan Albanians.[10]

References
  1. "Kosovo: qui est l'ex-commandant Salih Mustafa, jugé à La Haye?". RFI (in French). 15 September 2021. Archived from the original on 4 February 2023. Retrieved 4 February 2023.
  2. Gashi, Blendi (24 September 2020). "Arrestohet ish-shefi i inteligjencës së FSK-së, Salih Mustafa" (in Albanian). Archived from the original on 4 February 2023. Retrieved 4 February 2023.
  3. "Specialist Prosecutor vs. Salih Mustafa" (PDF). Kosovo Specialist Chamber & Specialist Prosecutor's Office. Archived (PDF) from the original on 25 August 2022. Retrieved 25 August 2022.
  4. Krieger, Heike; Mignot-Mahdavi, Rebecca; Geiß, Robin; D. Gill, Terry (2022). Yearbook of International Humanitarian Law, Volume 23 (2020). Berlin, Germany: Springer. p. 210. ISBN 9789462654914.
  5. "Humanitarian Law Center Kosovo". Humanitarian Law Center Kosovo. Archived from the original on 25 August 2022. Retrieved 25 August 2022.
  6. "Specialist Prosecutor vs Salih Mustafa - Prosecutor Opening Statement" (PDF). Kosovo Specialist Chamber & Specialist Prosecutor's Office. Archived (PDF) from the original on 21 September 2021. Retrieved 25 August 2022.
  7. Bami, Xhorxhina (28 June 2021). "Kosovo War Crimes Court's First Trial Will Set a Precedent". Balkan Insight. Archived from the original on 28 June 2021. Retrieved 28 June 2021.
  8. Bami, Xhorxhina (15 September 2021). "First Trial of Kosovo Ex-Guerrilla Opens at Hague War Crimes Court". Balkan Insight. Archived from the original on 15 September 2021. Retrieved 15 September 2021.
  9. "Salih Mustafa found guilty of war crimes and sentenced to 26 years of imprisonment". Kosovo Specialist Chambers & Specialist Prosecutor's Office. 16 December 2022. Archived from the original on 16 December 2022. Retrieved 16 December 2022.
  10. "Conviction of Kosovo's 'Commander Cali' Sparks Anger at Home". Balkan Insight. 16 December 2022. Archived from the original on 16 December 2022. Retrieved 17 December 2022.
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