TERRORISM IN KOSOVO AND METOHIJA AND ALBANIA
WHITE BOOK

The suppression of terrorism has been the subject matter of international co-operation, as well as a topic of interest to many governmental and non-governmental organisations, national and international ones alike, for a long time now. Terrorism is usually defined on national level, mostly by being determined as a criminal act in the criminal codes, although there is also a number of definitions set by the various international bodies. Terrorism can be recognised easily in practice. We think that the FBI definition of terrorism presented by The American Terrorism Research Centre is quite appropriate for the purposes of this study:

"Terrorism is the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives." (http://www.terrorism.com.)

Interpol answers the question: "What are the elements common to terrorism?" in a similar way:

"It is generally agreed that terrorism is a crime characterised by violence or intimidation, usually against innocent victims, in order to obtain a political or social objective." (http://www.interpol.com)

Any country, large or small, can fall victim to terrorist activity. Terrorism is a global threat also because the success of a terrorist group in any part of the world, in any country, is an encouragement to all existing and potential terrorists world-wide. That is why the terrorism control is the subject matter of both global and regional and national drives.

At their summit conference in Lyon on 27 June 1996, the heads of state and government of the Group 7 and Russia expressed their resoluteness to give top priority to terrorism control. They decided to go into and apply, together with all other states, all measures conducive to the enhancement of the international community's capability to beat terrorism. With a view to materialising this resoluteness urgently, the Group 7 and Russian foreign ministers and ministers responsible for security met in Paris on 30 July 1996 and called upon all states to apply appropriate national and international measures against terrorism, including "to prevent and take steps to counteract, through appropriate domestic measures, the financing of terrorists and terrorist organisations, whether such financing is direct or indirect through organisations which also have, or claim to have charitable, social or cultural goals, or which are also engaged in unlawful activities, such as illicit arms trafficking, drug dealing and racketeering…" (A/51/261).

The United Nations General Assembly adopted on 9 December 1994 the Declaration on Measures to Eliminate International Terrorism. The UN member states affirmed by that Declaration their unanimous condemnation of all acts, methods and practice of terrorism as criminal and unjustified acts regardless of where and by whom committed, including also those jeopardising friendly relations between states and peoples and posing a threat to territorial integrity and security of states. Pursuant to that Declaration, states are bound to refrain from organising, instigating, financing, encouraging or tolerating terrorist activities. They are also bound to apply appropriate practical measures towards making sure that their respective territories are not used for setting up camps for the training of terrorists or for preparing and making arrangements for acts of terrorism to be committed in the territories of other states. (A/49/60) In 1996, the UN General Assembly adopted the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism. (A/51/210)

In the United Nations Declaration on the Principles of International Law Concerning Friendly Relations and Co-operation Between States in Conformity with the United Nations Charter (1970) elaborating the principles of the UN Charter, it was stressed that all states have to refrain from organising and instigating acts of civil war or acts of terrorism in the territory of other states, from supporting or participating in them, or tolerating the organisation of activities in their own territories with a view to committing such acts, whenever such acts involve a threat to use force or actual use of force.

The UN General Assembly Resolution No. 3314 of 14 December 1974 determines the notion and basic forms (seven altogether) of aggression. According to that Resolution, aggression is also deemed existent whenever a state or somebody acting on its behalf sends armed gangs or groups of irregulars or mercenaries to perform acts of armed force against another state.

In its Declaration No. 2131 of 21 December 1965, the UN General Assembly expressly stated that states must not interfere in the internal affairs of other states. In that context, it was said:

"No state shall organise, assist, instigate, finance, encourage or tolerate subversive terrorist or armed activity aimed at forcible overthrowing of the establishment of another state or interference in a civil conflict in another state".

From the end of the Second World War onwards, many international conventions were concluded for the purpose of establishing international co-operation geared to the suppression of various kinds of terrorist activity.

In the Declaration of Principles of the Summit of the Americas (Miami, December 1994), the heads of state and government stated as follows: "We condemn terrorism in all its forms, and we will, using all legal means, combat terrorist acts anywhere in the Americas with the unity and vigour…" After that, the Organisation of American States held the Inter-American Specialised Conference on Terrorism in Lima from 23 to 26 April 1996, at which the Declaration of Lima to Prevent, Combat and Eliminate Terrorism and the Plan of Action on Hemispheric Co-operation to Prevent, Combat and Eliminate Terrorism were adopted. Among other things, the participating states also stated the following in the Declaration:

"that terrorist violence erodes peaceful and civilised coexistence, affects the rule of law and the existence of democracy and endangers the stability of national institutions and socio-economic development of our countries".

They reiterated "their most emphatic condemnation of all terrorist acts, wherever and by whomever perpetrated, and all methods used to commit them, regardless of the motivation invoked to justify the acts." (A/51/336) On the occasion of bombing of the USA diplomatic/consular missions in Kenya and Tanzania, the UN Security Council unanimously adopted on 13 August 1998 a resolution setting clear criteria about what is terrorism and what are the duties of states in that domain. The Security Council expressed their conviction that the suppression of international terrorism is essential for the maintenance of international peace and security and reaffirmed the determination of the international community to eliminate international terrorism in all its forms and manifestations.

Among other things, the following was also laid down in the mentioned resolution:

"Stressing that every member State has the duty to refrain from organising, instigating, assisting or participating in terrorist acts in another State or acquiescing in organised activities within its territory directed towards commission of such acts; and "Also stressing the need to strengthen international co-operation between States in order to adopt practical and effective measures to prevent, combat and eliminate all forms of terrorism affecting the international community as a whole." (S/RES/1189(1998)

Based on the aforesaid, the following conclusions can be drawn:

(1) States apply measures on national level for the purpose of increasing their capability to stand up to terrorist acts or suppressing terrorist acts. These measures include adjustments to criminal legislation, adoption of appropriate international conventions and making government agencies fit for terrorist control.

(2) There is a clear evidence of international linking on different levels with a view to co-operating in the struggle against terrorism. In view of the large number of documents calling for the establishment of such co-operation, it has become obligatory, i.e., it is not up to a state to decide whether to co-operate with other states in the suppression of terrorism or not.

* * *

On reading the mentioned definitions of terrorism and looking at the facts in the Serbian southern province of Kosovo and Metohija, it becomes quite clear that the authorities of the Republic of Serbia are faced with many acts of terrorism there. Indeed, the so-called Kosovo Liberation Army (KLA) represents more or less linked up groups of terrorists. This is not the first time for terrorists to call themselves an army. Remember the Red Brigades in Italy, the Irish Republican Army in Northern Ireland and the Islamic Holy Warriors (Mujahedin).

The terrorist groups operating in Kosovo are using violence, unlawfully of course, against the civilian population - Serbian and Albanian alike, members of other ethnic groups living in that Province and members of the police force and the Yugoslav Army. They are resorting to terrorism towards achieving illegitimate political aims, including: forcible secession of Kosovo and Metohija and establishment of a "Greater Albania". The terrorists are forcibly recruiting the Albanian population and linking themselves up with the globally acting Islamic terrorist groups. They are financed in the same way as all other terrorist groups world-wide, i.e., by extortion of money and by narcotics trafficking partly.

The mentioned documents clearly show that it is the international duty of states to co-operate in the struggle against terrorism. However, this Book deals with the sad fact that some states are showing hesitation and incongruity, as well as political speculation, when the question of terrorism in Kosovo and Metohija is involved. The documents presented hereinafter substantiate the gross failure of the Republic of Albania to perform its duties concerning the suppression of terrorism in Kosovo and Metohija. While expecting of the Republic of Albania to change its conduct and bring it in line with its international duties, the FR of Yugoslavia has legitimate reasons to expect the international community's support in the struggle against terrorism in the Serbian southern province of Kosovo and Metohija, as well as concrete action taken by states of the region and elsewhere towards suppressing such terrorist activities. The FR of Yugoslavia is expecting of all states to perform their legal and political duties in this case and thus make a contribution to the global struggle against terrorism.

Islamic humanitarian aid in the hands of terrorists

	1991	1992	1993	1994	1995	1996	1997	27.7.1998	GRAND TOTAL:
1. TOTAL	11	12	8	6	11	31	55	887	1021
Against police personnel & facilities	11	11	8	3	7	19	31	440	530
Against refugee accomm. Facilities						8	1	15	24
Against citizens and other facilities		1		3	4	4	23	432	467
2. CONSEQUENCES
A. Total killed:	1	3	2	5	6	10	12	110	149
- Members og police force	1	3	2		2	4	1	44	57
- citizens				5	4	6	11	66	92
B. Total injured:	4	9	12	2	9	7	27	258	328
SI*	2	8	11	2	7	3	15	134	182
LI**	2	1	1		2	4	12	124	146
Of wich: - members of police force	4	6	12	1	7	6	13	178	227
SI	2	5	11	1	5	3	8	96	131
LI	2	1	1		2	3	5	82	96
- citizens		3		1	2	1	14	80	101
SI		3		1	2		7	38	51
LI						1	7	42	50
C. Killed attacking terrorists			2	1			5	96	104

	1991	1992	1993	1994	1995	1996	1997	27.7.1998	GRAND TOTAL:
TOTAL NO. OF ATTACKS				2	4	2	13	204	225

CONSEQUENCES
- killed				2	4	1	10	35	52
- injured					2	1	6	26	35
SI					2		4	14	20
LI						1	2	12	15