While the exact reasons behind his apparent suicide are difficult to ascertain, this case adds to our longstanding concerns about witness protection in Kosovo. We call for an effective and independent witness and victim protection system inside Kosovo to be put in place. Only an effective and well-resourced witness and victim protection system in Kosovo will help render justice to the victims and end impunity regarding past violations.

An EU judge in September placed Limaj under house arrest for one month [JURIST report] while awaiting trial, acting on a request by EULEX prosecutors. Limaj allegedly ordered two captured Serb policemen and executed and tortured another Serbian captive in 1999. Limaj is also under investigation for embezzling funds while serving as transport minister. Limaj and the KLA, despite allegations of human rights violations, are viewed as liberators by many ethnic Albanians. In 2005, Limaj was acquitted of similar charges by a war crimes tribunal in The Hague because of insufficient evidence. EULEX has been investigating war crimes [JURIST report] since December 2008. Kosovo controversially seceded from Serbia [JURIST report] in February 2008, and its new constitution went into effect [JURIST report] later that year.

The Chamber further recalls that in its Decision of 10 February 2010, rejecting the Motion of the Accused for abuse of process, she stressed that the international and European case law clearly establishes that there is no set time limit beyond which would be considered an unfair trial because of an excessive delay.

Seselj pleaded not guilty [JURIST report] in July to a third set of contempt charges for failing to remove confidential information from his website in violation of a tribunal order. The Trial Chamber filed an order in lieu of an indictment in May against Seselj for his failure to comply with a May 9 order to remove from his website three books he authored and five confidential filings [defense website] that reveal the identities of protected witnesses who testified against him. In May, the ICTY rejected [JURIST report] Seselj's attempt to have the charges against him dismissed, finding sufficient evidence for the trial to continue. He is charged with 14 counts of crimes against humanity and violations of the laws or customs of war. Seselj's war crimes trial, which began in 2006, resumed in early 2010, after being delayed [JURIST reports] for nearly a year over fears that witnesses were being intimidated. In February, Seselj went on trial [JURIST report] on charges that he released the names of 11 ICTY witnesses in violation of a confidentiality order. Last May, the ICTY appeals division upheld a 2009 contempt verdict [JURIST reports] against Seselj for revealing the identities of other witnesses that were supposed to remain confidential. Seselj is accused of establishing rogue paramilitary units affiliated with the SRS, which are believed to have massacred and otherwise persecuted Croats and other non-Serbs during the Balkan conflict.

In August, Pillay called on the UN Security Council to refer Syria to the International Criminal Court (ICC) [official websites] to investigate the violent suppression of anti-government protests [JURIST report]. Pillay's remarks came after the Fact-finding Mission in Syria published its 22-page report concluding that Syrian government forces cracking down on the opposition may be committing crimes against humanity [JURIST report]. The Fact-finding Mission was established [JURIST report] by the HRC in April but was not permitted to enter the country. Also last month, the Los Angeles Times reported that an unknown Western country is funding an investigation [JURIST report] into Syria's recent human rights abuses. In July, two UN rights officials expressed concern over reports of violence [JURIST report] used by Syrian authorities against the country's own people.

The guidance issued today strikes the right balance between respecting the faith traditions of chaplains and affording all service members the same rights under current law. This is another logical step in the direction of full equality for gay and lesbian service members, and we hope the Department will continue to move down that path.

The announcement regarding same-sex ceremonies comes just 10 days after the repeal of Don't Ask, Don't Tell (DADT) [10 USC § 654; JURIST backgrounder] officially went into effect [JURIST report]. Earlier this week, the US Court of Appeals for the Ninth Circuit [official website] unanimously vacated [JURIST report] a district court ruling that DADT was a violation of service members' constitutional rights, holding that the case became moot after the repeal. In July, the Ninth Circuit ruled that DADT would remain partially in effect [JURIST report] during the 60 days prior to its newly-scheduled repeal. The court effectively reiterated its order [JURIST report] issued the previous week, in which it reinstated DADT but explicitly ordered the military to refrain from investigating, penalizing or discharging any of its members as originally provided for under the policy. Hours earlier, President Barack Obama, Defense Secretary Leon Panetta and the Joint Chiefs of Staff certified DADT's repeal [JURIST report], scheduling the policy to end on September 20. Obama signed the bill to repeal DADT [JURIST report] in December. The Don't Ask, Don't Tell Repeal Act of 2010 [HR 2965 materials] was approved in the Senate in December after being passed [JURIST reports] by the House of Representatives the week before. Since the enactment of DADT in 1993, approximately 13,000 servicemen and women have been discharged from the armed forces as a result of the policy.