Foreign fighters. The criminalization of the involvement in military operations in a foreign state, as an important prevention measure. The case of Albania.

Abstract

In 2013, Albania, as well as several other countries in the region, such as Kosovo, Bosnia and Herzegovina, Montenegro, North Macedonia, or Serbia, faced a dangerous phenomenon, where some citizens left the country, to join the fighting in Syria. This created a significant challenge for Albanian authorities, who struggled to handle, investigate, and prosecute these cases due to a legal gap in the Albanian Criminal Code. Specifically, there was no provision that prohibited the participation of Albanian citizens in violent actions or armed conflicts outside the country. This paper examines a case study approach, focusing on a criminal proceeding initiated in December 2013 by the Prosecutor’s Office for Serious Crimes of Albania. The case was referred by the State Intelligence Service and involved a group of individuals who, under the guise of religious beliefs, encouraged others to engage in terrorist activities. Through this case study, the paper aims to explore the factors behind the phenomenon, the challenges faced by the authorities, and the legal responses to the issue. Additionally, the paper includes a legal analysis of the Albanian criminal legislation regarding foreign fighters, supported by a statistical analysis of 10 years of criminal proceedings data from the Albanian Prosecution Office. The analysis reveals that the legal gap in Albania’s criminal code created challenges in prosecuting foreign fighters prior to the introduction of new legislation. The study finds that the criminalization of involvement in foreign military operations has been an effective preventive measure. The analysis of the statistical data over the past decade show that these legal reforms have had a significant impact on reducing the flow of foreign fighters and enhancing Albania’s capacity to combat this phenomenon.