Montenegro
Montenegro has detailed counterterrorism provisions in its Criminal Code. Terrorism is also punishable as a war crime in a situation of armed conflict.
The Definition of Terrorism in Domestic Law
Terrorism is criminalized in Montenegro's Criminal Code where it is defined as follows:
(1) Anyone who, with the intention to seriously intimidate the citizens or to coerce Montenegro, a foreign state or international organization to do or not to do something, or to seriously endanger or violate the basic constitutional, political, economic or social structures of Montenegro, a foreign state or international organization, commits one of the following offences:
1) attack the life, body or freedom of another,
2) abduction or hostage taking,
3) destruction of state or public facilities, traffic systems, infrastructure, including information systems, fixed platforms in the continental shelf, or public or private property that may endanger the lives of people or cause considerable damage to the economy,
4) hijacking of an aircraft, vessel, means of public transport or transport of goods that may endanger the lives of people,
5) development, possession, procurement, transport, provision or use of weapons, explosives, nuclear or radioactive material or devices, or nuclear, biological or chemical weapons,
6) research and development of nuclear, biological, and chemical weapons,
7) emission of dangerous substances or the causing of fires, explosions or floods or taking other generally dangerous actions that might harm the lives of people, or
8) obstruction or discontinuation of water supply, electric energy or another energy generating product supply that might endanger the lives of people.Art. 447(1), Criminal Code of Montenegro.
Adherence to Global and Regional Terrorism Treaties
Montenegro is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Montenegro is also a State Party to all of the regional treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
In adhering to the 1977 Convention, Montenegro declared that it reserved "the right to refuse to extradite a person because of any criminal offence mentioned in Article 1 which it considers a political criminal offence, as well as a criminal offence in connection with a political criminal offence or a criminal offence inspired by political motivation".
Laws and Penalties for Terrorist Offences
The minimum penalty for the perpetration of a terrorist offence is five years imprisonment.Art. 447(1), Criminal Code of Montenegro.Where a terrorist offence has caused the death of one or a number of persons or large-scale destruction, the offender shall be punished by imprisonment for a minimum term of ten years.Art. 447(4), Criminal Code of Montenegro.
The taking of measures of intimidation or terror is also punishable as a war crime in a situation of armed conflict.Art. 428(1), Criminal Code of Montenegro.
Counterterrorism Capacities and Policies at Domestic Level
Montenegro has a dedicated counterterrorism unit in its national police.
In May 2022, the police's antiterrorism unit chief was questioned about reports that he considered using violent crime gangs to crush the protests against a Serbian Orthodox Church ceremony in September 2021.
Glossary
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