Kosovo

The Definition of Terrorism in Domestic Law

The Criminal Code of Kosovo defines terrorism as a series of predicate offences committed

with an intent to seriously intimidate a population, to unduly compel a public entity, government or international organization to do or abstain from doing any act, or to seriously destabilize or destroy the fundamental political, constitutional, economic or social structures of the Republic of Kosovo, another State or an international organization.Art. 128(1), Criminal Code of Kosovo.

The predicate offences are the following:

• Murder
• Inciting or assisting suicide 
• Assault
• Sexual offences
• Hostage-Taking, kidnapping or unlawful deprivation of liberty
• Pollution of drinking water or, food products; or pollution or destruction of the environment
• Causing general danger, arson or reckless burning or exploding of terrorist explosive or other lethal device
• Destroying, damaging or removing public installations or endangering public traffic
• Unauthorized supply, transport, production, exchange or sale of weapons, explosives, radioactive material, or nuclear, biological or chemical weapons
• Unauthorized acquisition, ownership, control, possession or use of weapons, explosives, radioactive material or nuclear, biological or chemical weapons, or research into or development of biological or chemical weapons
• Endangering internationally protected persons 
• Endangering United Nations and associated personnel
• Hijacking aircraft or unlawful seizure of aircraft
• Endangering civil aviation safety
• Hijacking ships or endangering maritime navigation safety
• Endangering the safety of fixed platforms located on the continental shelf
• Unauthorized appropriation, use, production, possession, transfer, alteration, disposal, dispersion or damage of nuclear or radioactive materials
• Threats to use or to commit theft or robbery of nuclear material or use of radioactive material
• Threatening to commit any of the above acts.

The 2010 Law on Terrorist Financing does not define terrorism.

Adherence to Global and Regional Terrorism Treaties

Kosovo cannot join the United Nations treaties on terrorism as it is not recognized as a State by the United Nations Secretary-General.

Kosovo also cannot join the main regional treaties on terrorism as it is not a member of the Council of Europe.

Laws and Penalties for Terrorist Offences

Article 129 of the Criminal Code stipulates that:

1. Whoever commits a terrorist offence shall be punished by imprisonment of not less than five years.

2. When the offence provided for in paragraph 1 of this Article results in grievous bodily injury of one or more persons, the perpetrator shall be punished by imprisonment of not less than ten years.

3. When the offence provided for in paragraph 1 of this Article results in death of one or more persons, the perpetrator shall be punished by imprisonment of not less than fifteen years or life imprisonment.

Counterterrorism Capacities and Policies at Domestic Level

The OSCE Mission provides support to Kosovo institutions in implementing and updating the strategies and action plans against terrorism and to prevent violent extremism and radicalization that lead to terrorism.