Calling for the end of impunity of unpunished Serbian sexual war crimes during the 1999 Kosovo war in the case of United States citizen and sexual war crime survivor Vasfije Krasniqi Goodman and other survivors of sexual and gender-based violence.

IV 118TH CONGRESS 1ST SESSION H. CON. RES. 36 Calling for the end of impunity of unpunished Serbian sexual war crimes during the 1999 Kosovo war in the case of United States citizen and sexual war crime survivor Vasfije Krasniqi Goodman and other survivors of sexual and gender-based violence. IN THE HOUSE OF REPRESENTATIVES APRIL 27, 2023 Mr. ALLRED (for himself, Mr. VEASEY, Mr. ESPAILLAT, Mr. VARGAS, and Mr. TORRES of New York) submitted the following concurrent resolution; which was referred to the Committee on Foreign Affairs CONCURRENT RESOLUTION Calling for the end of impunity of unpunished Serbian sexual war crimes during the 1999 Kosovo war in the case of United States citizen and sexual war crime survivor Vasfije Krasniqi Goodman and other survivors of sexual and gender-based violence. Whereas Vasfije Krasniqi was 16 years old during the 1999 Kosovo war and living in Stanofc i Poshtem, Kosovo, then under the control of the Republic of Serbia, which was part of the Federal Republic of Yugoslavia and led by President Slobodan Milosevic; Whereas, on April 14, 1999, a Serbian police officer entered Ms. Krasniqi’s family home in Stanofc i Poshtem, Kosovo, looking for all male occupants, and ordered Ms. VerDate Sep 11 2014 00:35 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HC36.IH HC36 kjohnson on DSK79L0C42PROD with BILLS 2 •HCON 36 IH Krasniqi to go to the police station to give a statement about her father and brothers, who were not present; Whereas the Serbian police officer threatened to shoot every- one present, including Ms. Krasniqi and her mother, be- fore forcibly removing Ms. Krasniqi from the house and taking her to a Serbian village nearby; Whereas the Serbian police officer forced Ms. Krasniqi into an empty house off the main road and threw her onto dried corn stacks before taking her to his car, where he started raping her despite her yelling and screams for him to stop; Whereas Ms. Krasniqi was held at gunpoint and raped re- peatedly before losing consciousness; Whereas, once Ms. Krasniqi regained consciousness, she begged the Serbian police officer to kill her, and the Ser- bian police officer responded by saying, ‘‘No, I won’t be- cause you will suffer more this way’’, and threatened to take her to an area full of Serbian forces where more people would rape her; Whereas the Serbian police officer later went into a local store in the same village, from where an older, crippled Serbian man emerged and forced Ms. Krasniqi out of the car and took her to an unfinished house where he raped her; Whereas, a few hours later, Ms. Krasniqi was taken back to her village where she was left out on the street and told not to tell anyone about what had transpired; Whereas Ms. Krasniqi did not want to go home having to ex- plain to anyone what had happened to her, but instead walked through the village cemetery and hoped that her life would come to an end then and there; VerDate Sep 11 2014 00:35 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HC36.IH HC36 kjohnson on DSK79L0C42PROD with BILLS 3 •HCON 36 IH Whereas, upon arriving at her uncle’s house hours after the assault, Ms. Krasniqi did not have to say a word, as ev- eryone knew what had happened, witnessing her scratch- es, bruises, cuts, and torn clothes; Whereas Ms. Krasniqi reported her case to the Kosovo Lib- eration Army (KLA) the day after she was raped on April 15, 1999; Whereas, in March 1999, with the support of the United States, NATO began a 78-day air campaign against Ser- bian forces in Kosovo after efforts to negotiate an end to the Kosovo war collapsed, leading to Serbia’s agreement to cease all military activity in Kosovo and to facilitate the withdrawal of Serbian forces from Kosovo, and the deployment of a NATO-led Kosovo Force (KFOR); Whereas the United Nations Security Council then passed Resolution 1244 on June 10, 1999, which established the United Nations Interim Administration Mission in Kosovo (UNMIK) as a temporary government until Kosovo’s own institutions had developed and dem- onstrated the capacity to self-govern, which included var- ious powers, such as the authority to administer justice in Kosovo and the ability to investigate and prosecute se- rious crimes committed during the war; Whereas Ms. Krasniqi reported her case to UNMIK on Sep- tember 10, 1999, with no outcome, as well as to the French KFOR on April 21, 2004, but inaction of both these bodies caused additional difficulties and delays in her case; Whereas Kosovo declared independence on February 17, 2008, and has since received the recognition of over 100 states, including the United States and 23 of the 28 Eu- VerDate Sep 11 2014 00:35 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HC36.IH HC36 kjohnson on DSK79L0C42PROD with BILLS 4 •HCON 36 IH ropean Union member states, though Serbia still rejects such claim; Whereas the European Union Rule of Law Mission in Kosovo (EULEX) was launched in 2008 as a civilian mission to support rule-of-law institutions, accountability, and com- pliance with international human rights standards in Kosovo within the framework of United Nations Security Council Resolution 1244, as well as to support the Spe- cialist Chambers and Specialist Prosecutor’s Office in line with relevant Kosovo legislation; Whereas Ms. Krasniqi moved to the United States in 2001, naturalized as a citizen in 2006, and now lives in Rowlett, Texas, with her husband and two children, each of whom are also United States citizens, and she has also taken the last name Goodman; Whereas Ms. Krasniqi Goodman reported her case to EULEX authorities and gave five interviews from August 2010 to July 2012, and witnesses gave several testi- monies from February 2011 to August 2012; Whereas, on November 12, 2012, the Special Prosecution Of- fice of the Republic of Kosovo (SPRK) filed the indict- ment PPS nr. 89/2012 against the perpetrators Jovica Dejanovic (DOB 09/11/1954), the Serbian police officer, and Djordje Bojkovic (DOB 11/13/1940), the older and crippled Serbian man, with the then-District Court of Mitrovica, which was amended on November 30, 2012; Whereas the main trial was held between April 4 to 15, 2013, and on April 17, 2013, the Basic Court of Mitrovica an- nounced the judgment that both perpetrators were ac- quitted of the charge of war crime against the civilian VerDate Sep 11 2014 00:35 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\HC36.IH HC36 kjohnson on DSK79L0C42PROD with BILLS 5 •HCON 36 IH population (rape), punishable under Articles 22 and 142 CC SFRY; Whereas, on October 31, 2013, the SPRK Prosecutors sub- mitted a joint appeal proposing that the judgment of the first instance court be modified and Jovica Dejanovic and Djordje Bojkovic be convicted of the criminal offense of war crime against civilian population, or in the alter- native, to return the case to the court of first instance for a retrial; Whereas the Appellate Public Prosecutor moved the Court of Appeals to grant the appeal of the Special Prosecutors, and the Court of Appeals rendered its judgment on May 27, 2014, and found both Jovica Dejanovic and Djordje Bojkovic guilty and convicted them of the war crime against civilians under Article 142 CC SFRY (now Arti- cle 153 CCRK), sentencing them to 12 years and 10 years of imprisonment, respectively; Whereas, on July 2014, Jovica Dejanovic and Djordje Bojkovic filed their appeals against the judgment of the Court of Appeals PaKr 503/13 dated May 27, 2014, and the Supreme Court of Kosovo rendered a ruling for the immediate release of Jovica Dejanovic and Djordje Bojkovic from the detention on remand; Whereas Jovica Dejanovic and Djordje Bojkovic were re- leased, and nobody has been held responsible for the sex- ual war crimes committed against Vasfije Krasniqi Good- man; Whereas all prior mechanisms for pursuing accountability for war crimes in Kosovo have fallen short in bringing per- petrators of sexual violence to justice, including the Inter- VerDate Sep 11 2014 00:35 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6300 E:\BILLS\HC36.IH HC36 kjohnson on DSK79L0C42PROD with BILLS 6 •HCON 36 IH national Criminal Tribunal for the former Yugoslavia, UNMIK, EULEX, and the Kosovo judicial system; Whereas the Centers for Disease Control and Prevention (CDC) reports that approximately 20,000 individuals were the victims of conflict-related sexual violence during the Kosovo war, and Human Rights Watch reports that rape was used as a weapon of war and instrument of eth- nic cleansing by Serbian forces during the Kosovo war; Whereas 20 years later and after approximately 20,000 indi- viduals raped, there has only been one perpetrator brought to justice, Zoran Vukotic, by the Prishtina Basic Court on July 5, 2021; Whereas the United Nations Security Council Resolution 1820 was unanimously adopted on June 19, 2008, con- demning the use of sexual violence as a tool of war, and declared that ‘‘rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide’’; Whereas the United Nations Security Council Resolution 2467 was adopted on April 23, 2019, ‘‘recalling the re- sponsibilities of States to end impunity and to prosecute those responsible for crimes of genocide, crimes against humanity, and war crimes, perpetrated against civilians’’; Whereas Vasfije Krasniqi Goodman testified before the Com- mittee on Foreign Affairs of the House of Representa- tives on April 30, 2019, in a hearing titled ‘‘Kosovo’s Wartime Victims: The Quest for Justice’’, testifying for justice on behalf of her case and the 20,000 individuals raped during the Kosovo war; Whereas the Republic of Kosovo marked for the first time on April 14, 2023, the Day of Survivors of Sexual Violence VerDate Sep 11 2014 00:35 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6300 E:\BILLS\HC36.IH HC36 kjohnson on DSK79L0C42PROD with BILLS 7 •HCON 36 IH During the War in Kosovo that coincides with the date Vasfije Krasniqi Goodman was abducted by Serbian po- lice and subsequently sexually assaulted; and Whereas the United States recognizes that preventing and re- sponding to gender-based violence around the world is not only a matter of human rights, justice, equity, and equality, but is also a moral imperative and the strategic national interest of the United States and its global part- ners: Now, therefore, be it Resolved by the House of Representatives (the Senate 1 concurring), That Congress— 2 (1) finds it reprehensible that no individuals 3 have been found guilty for the sexual war crimes 4 against Ms. Krasniqi Goodman; 5 (2) strongly condemns the use of rape and 6 other forms of sexual and gender-based violence as 7 a weapon of war; 8 (3) underscores the importance of transparent, 9 accountable, and independent investigations into 10 gender-based war crimes and atrocities; 11 (4) commends the Government of the Republic 12 of Kosovo for taking a tangible and multisectoral ap- 13 proach to address the sexual violence during the war 14 in the country; 15 (5) calls on the Government of the Republic of 16 Kosovo to uphold commitments expressed and 17 agreed to in the ‘‘Protocol for the Treatment of Sex- 18 VerDate Sep 11 2014 00:35 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HC36.IH HC36 kjohnson on DSK79L0C42PROD with BILLS 8 •HCON 36 IH ual Violence Cases in Kosovo’’, and prioritize and 1 expedite cases of rape and sexual assault from the 2 1999 Kosovo War; 3 (6) calls on the Government of the Republic of 4 Serbia to— 5 (A) bring individuals who are responsible 6 for the sexual war crimes on April 14, 1999, of 7 United States citizen Vasfije Krasniqi Goodman 8 in Kosovo before justice pursuant to United 9 Nations Security Council Resolutions 1820 and 10 2467; 11 (B) cease the protection and glorification 12 of any individuals who were involved in war 13 crimes during the Kosovo conflict and make it 14 a priority to investigate and prosecute any such 15 individuals; 16 (C) enforce laws to ensure that known per- 17 petrators of sexual gender-based violence are 18 held accountable and are brought before justice; 19 and 20 (D) prioritize the creation and sustainment 21 of appropriate tracking and investigative mech- 22 anisms to extradite known perpetrators and 23 convicted offenders of sexual gender-based vio- 24 lence during the Kosovo war in 1999 to Kosovo 25 VerDate Sep 11 2014 00:35 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HC36.IH HC36 kjohnson on DSK79L0C42PROD with BILLS 9 •HCON 36 IH to be brought to justice according to all conven- 1 tions; and 2 (7) calls on the United States Government to— 3 (A) uphold and strengthen its commit- 4 ments to counter and prevent the practice of 5 gender-based violence in accordance with the 6 ‘‘United States Strategy to Prevent and Re- 7 spond to Gender-Based Violence Globally’’; 8 (B) elevate the case of Vasfije Krasniqi 9 Goodman in future bilateral engagements with 10 the Government of Serbia, especially in terms of 11 accountability for war crimes committed against 12 women and youth; 13 (C) identify the specific factors that in- 14 crease the risks of gender-based violence and 15 undermine access to services and safety; 16 (D) monitor efforts by the Government of 17 Serbia and its relevant ministries and offices to 18 investigate and prosecute cases of sexual vio- 19 lence during the Kosovo war; and 20 (E) devote sufficient funding to implement 21 a variety of educational, research, and advocacy 22 projects in Kosovo, including the training of ju- 23 diciary and law enforcement, as well as funding 24 for a rehabilitation center focusing on physical 25 VerDate Sep 11 2014 00:35 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\HC36.IH HC36 kjohnson on DSK79L0C42PROD with BILLS 10 •HCON 36 IH and psychological rehabilitation from war trau- 1 ma and sexual and domestic violence, and voca- 2 tional training and job integrating opportuni- 3 ties. 4 Æ VerDate Sep 11 2014 00:35 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\HC36.IH HC36 kjohnson on DSK79L0C42PROD with BILLS