ABSTRACT
The qualifcation of the Racak killings in legal terms depends signifcantly on the established facts about the victims and the circumstances in which they were killed. There is no doubt that the killings occurred; this was acknowledged by both Serbs and Albanians. Also, there is no dispute that the perpetrators were Serbian police, who undertook a retaliatory attack on Racak as a reaction to the killings of Serbian policemen by the KLA (Igric 2002). 1 However, there is strong disagreement over how the incident happened and who the victims were. On the one hand, the Albanians argue that the victims were civilians and unarmed KLA members, and they accused the Serbs of putting gunpowder on the bodies in order to make them look as if they were armed soldiers. On the other hand, the Serbs argue that the victims were KLA soldiers dressed as civilians in order to accuse the Serbs and convince the West to intervene.
