The legal-criminal aspects of terrorism under the Criminal Code of the Re-public of Kosovo and Republic of Macedonia

• Author: Mensur Morina
• Position: Executive Director of LIZA-R, South-East Europe University -Tetovo and Hacett epe University, Ankara
• Pages: 186-208

Vol. 3 No. 1

January, 2019

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

ISSN 2519-1284

Acces online at www.iipccl.org

186

The legal-criminal aspects of terrorism under the Criminal Code of the Re-

public of Kosovo and Republic of Macedonia

PhD. Mensur Morina

Executive Director of LIZA-R,

South-East Europe University -Tetovo and Hace epe University, Ankara

Abstract

The activities by various terrorism groups and individuals over the last decades are

undoubtedly the main security challenge for many Western states. In the past decades, the

target of terrorist a acks were usually senior state o cials such as minis ters, diplomats, senior

military etc, whereby extremist and terrorist groups, by targeting such people tried to put

pressure on legal governments of di erent states and other international factors so that they

could achieve their goals, whether political, ideological, religious, fi nancial, criminal, and so

on. But a er the 70s of the last century, the operational tactics of extremist and terrorist groups

have changed drastically, because it is no longer necessary to a ack state o cials, but rather

the target of terrorist a acks are now ordinary citizens.

Advancement in methods such as suicide a acks, car-bombs and other methods have made it

more di cult for law enforcement to perform their key duty of protecting citizens, as well as

to investigate, arrest and punish perpetrators. The use of improvised explosive devices when

conducting a violent terrorist act causes large panic among citizens, and destroys material

evidence, thus making the work of law enforcement agencies more di cult.

The goal of the terrorists, who conduct such a acks, is the great a ention that the media pay

to such acts. In order for the various states to be as ready as possible to combat extremism,

radicalism and international terrorism, a great deal of cooperation is needed, initially within

the various agencies of a state, and then also between di erent states. The joint operations

in the arrest of leaders of extremist and terrorist groups have shown that this cooperation is

indispensable.

The phenomenon of violent extremism that leads to terrorism in Kosovo is an integral part

of general criminality, and due to the lack of proper study and treatment, is also causing

consequences to our society. With a comprehensive legislative framework for combating

violent extremism (LVE) leading to terrorism, in 2016, Kosovo expanded its legislative

framework needed to counter new challenges in relation to LVE.

The subject of this study is the phenomenon of violent extremism and terrorism in Kosovo, thus

focusing on that part of the legislation which mainly deals with Violent Extremism leading to

Terrorism, and then elaborating the history, defi nitions and application of the measures taken

by the Government of the Republic of Kosovo as well as the criminal legislation of R.

Macedonia in this area.

Keywords: Kosovo, Macedonia, extremism, legislation, measures, terrorism.

Terrorism background and defi nition

Terrorism, manifested in various forms, has existed throughout history and in

di erent types of political ideologies. The word terrorism has as many defi nitions

as there are organizations and terrorist groups. This term has a di erent

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 3 No. 1

January, 2019

ISSN 2519-1284

Acces online at www.iipccl.org

187

meaning for di erent people, and e orts to properly defi ne this term have faced

di culties. But the main purpose of fi nding a more comprehensive defi nition

of terrorism is to distinguish it from other forms of violence, whether used by

the state and its representatives, or by individuals, terrorist groups, but also by

groups of other insurgent or criminals. Terrorism is a thousand years old technique

used by di erent groups, where the most acute concern of today's governments is

the groups that are currently active. Terrorist groups have adapted to the changing

circumstances. During the Cold War, terrorist groups had the support of the

Soviets, the United States of America or their respective allies.

Today there is no competitive military superpower and open support to terrorist

groups can produce one massive military response as was the case of the fi ght against

the Talibans1 regime in Afghanistan. In response, the terrorist organizations have

developed networks that provide mutual assistance to one another. Groups like Al-

Qaeda have already established structures that resemble, in some aspects, to those of

multinational criminal networks. Terrorist groups have created links with criminal

organizations, especially those involved in the drugs market. Terrorists and drug

cartels take advantage of weak governments, which have it very di cult to stop their

activities. These international networks, which are in fact very loosely tied, can be

very di cult to a ack and defeated.

The term 'terrorism' is presented and interpreted in various forms. The word

"terrorism" itself is a synthesis of the Latin word for terror and a Latin su x of Greek

origin "izm". The terror word has its roots in the verb "tras" which means vibration. It

is encountered in the Greek words "ipe", in the Persian word “tresidan", the Latin

"ters", the pelasgian "dark" ... which means the deep and complete darkness, the world

without light, but also the horror, the sadness, the cause of fear and vibration; from

political violence, to the physical destruction of the opponent.2 So we can conclude that

the term terrorism is derived from the Latin word "terror" which means fear. Hence,

terrorism, in the broadest sense, is the use of violence or intimidation in order to

cause fear and insecurity to individuals or groups of citizens.3

The most e ective defi nitions of terrorism include three factors: its essence (violence

or threat to use violence); its target (civilians and persons who do not participate in

combat operations); and its purpose (to win or hold some form of political power by

installing fear and forcing some political and social changes violently).

With terrorist acts are understood those violent and unlawful acts or actions against the

life and health of people, their liberty, which are crimes commi ed purposefully.4

Terrorism is defi ned as a systematic and organized violence against the passive

subject, to which a feeling of insecurity and fear is caused or created, with the intent

of his political subordination or in order to make the passive subject distrust the

existing social regime, the political power of terrorists is created through exploitation

and submission. At the same time, by exerting such violence, they infl uence over the

1 Alan Collins, Contemporary Security Studies, translated by Enri Hide, Published by UET Press,

Tirana, page 363).

2 Dr. Boaz Ganor, ``Defi ning Terrorism: Is one man`s terrorist another man`s freedom fi ghter?``,

International Policy Institute of Counter-Terrorism, Herzlya Israel, 24 September, page 6.

3 Dr. Ismet Salihu, Criminal Law, Fama College, Pristine 2014, page 61.

4 Ismet Elezi, “E drejta Penale, Pjesa e Posaçme”, Tirana Edition, p. 370.