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

AuthorMensur Morina
PositionExecutive Director of LIZA-R, South-East Europe University -Tetovo and Hacett epe University, Ankara
Vol. 3 No. 1
January, 2019
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
ISSN 2519-1284
Acces online at
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
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, 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
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, de 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 de nition
Terrorism, manifested in various forms, has existed throughout history and in
di erent types of political ideologies. The word terrorism has as many de 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
meaning for di erent people, and e orts to properly de ne this term have faced
di culties. But the main purpose of nding a more comprehensive de 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 ght against
the Talibans1 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 de 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 de 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 in uence over the
1 Alan Collins, Contemporary Security Studies, translated by Enri Hide, Published by UET Press,
Tirana, page 363).
2 Dr. Boaz Ganor, ``De ning Terrorism: Is one man`s terrorist another man`s freedom 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.

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