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Albania's Counter-Terrorism Policy Options: Finding a Strategy of Common Sense

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Albania's Counter-Terrorism Policy Options: Finding a Strategy of Common Sense View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Calhoun, Institutional Archive of the Naval Postgraduate School Calhoun: The NPS Institutional Archive Theses and Dissertations Thesis Collection 2004-06 Albania's counter-terrorism policy options: finding a strategy of common sense Gjiknuri, Damian Monterey California. Naval Postgraduate School http://hdl.handle.net/10945/1208 NAVAL POSTGRADUATE SCHOOL MONTEREY, CALIFORNIA THESIS ALBANIA’S COUNTER-TERRORISM POLICY OPTIONS: FINDING A STRATEGY OF COMMON SENSE by Damian Gjiknuri June 2004 Thesis Advisor: Paul Pitman Second Reader: Douglas Porch Approved for public release; distribution is unlimited THIS PAGE INTENTIONALLY LEFT BLANK REPORT DOCUMENTATION PAGE Form Approved OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188) Washington DC 20503. 1. AGENCY USE ONLY (Leave blank) 2. REPORT DATE 3. REPORT TYPE AND DATES COVERED June 2004 Master’s Thesis 4. TITLE AND SUBTITLE: Albania’s Counter-terrorism Policy Options: 5. FUNDING NUMBERS Finding a Strategy of Common Sense 6. AUTHOR - Damian Gjiknuri 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING Naval Postgraduate School ORGANIZATION REPORT Monterey, CA 93943-5000 NUMBER 9. SPONSORING /MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSORING/MONITORING N/A AGENCY REPORT NUMBER 11. SUPPLEMENTARY NOTES The views expressed in this thesis are those of the author and do not reflect the official policy or position of the Department of Defense or the U.S. Government. 12a. DISTRIBUTION / AVAILABILITY STATEMENT 12b. DISTRIBUTION CODE Approved for public release; distribution is unlimited 13. ABSTRACT: This research will assess the counter-terrorism policy options available to Albanian authorities. As part of this investigation, it will consider the nature of the terrorism threat, review the counter-terrorism policies that have been pursued in the past, and weigh the strengths and weaknesses of the current policy. These elements will provide background for an analysis of the available policy models on the basis of four main criteria: 1) political feasibility; 2) legal and constitutional constraints; 3) foreign policy objectives and 4) effectiveness. The state policy options this study will analyze can be placed under four broad categories: a) deterrence through hard line measures including military operation and emergency powers; b) co-option and conciliation; c) pursuit of sanctuary or a passive policy; or d) deterrence via criminal justice. All these options might be plausibly implemented by Albania; indeed they have been used at different times in different countries. The working hypothesis of this investigation is that a policy based mainly on deterrence through criminal justice will be the most effective way to counter the internal threats that Albania faces while improving the country’s international standing. 14. SUBJECT TERMS 15. NUMBER OF Terrorism, Albania, the Balkans, counter-terrorism policy, Islamists, national-extremism, organized PAGES 128 crime, criminal justice. 16. PRICE CODE 17. SECURITY 18. SECURITY 19. SECURITY 20. LIMITATION CLASSIFICATION OF CLASSIFICATION OF THIS CLASSIFICATION OF OF ABSTRACT REPORT PAGE ABSTRACT Unclassified Unclassified Unclassified UL i THIS PAGE INTENTIONALLY LEFT BLANK ii Approved for public release; distribution is unlimited ALBANIA’S COUNTER-TERRORISM POLICY OPTIONS: FINDING A STRATEGY OF COMMON SENSE Damian Gjiknuri Civilian, Ministry of Defense of Albania Law Degree, University of Tirana, 1994 Submitted in partial fulfillment of the requirements for the degree of MASTER OF ARTS IN NATIONAL SECURITY AFFAIRS from the NAVAL POSTGRADUATE SCHOOL June 2004 Author: Damian Gjiknuri Approved by: Paul Pitman Thesis Advisor Douglas Porch Second Reader James J. Wirtz Chairman, Department of National Security Affairs iii THIS PAGE INTENTIONALLY LEFT BLANK iv ABSTRACT This research will assess the counter-terrorism policy options available to Albanian authorities. As part of this investigation, it will consider the nature of the terrorism threat, review the counter-terrorism policies that have been pursued in the past, and weigh the strengths and weaknesses of the current policy. These elements will provide background for an analysis of the available policy models on the basis of four main criteria: 1) political feasibility; 2) legal and constitutional constraints; 3) foreign policy objectives and 4) effectiveness. The state policy options this study will analyze can be placed under four broad categories: a) deterrence through hard line measures including military operation and emergency powers; b) co-option and conciliation; c) pursuit of sanctuary or a passive policy; or d) deterrence via criminal justice. All these options might be plausibly implemented by Albania; indeed they have been used at different times in different countries. The working hypothesis of this investigation is that a policy based mainly on deterrence through criminal justice will be the most effective way to counter the internal threats that Albania faces while improving the country’s international standing. v THIS PAGE INTENTIONALLY LEFT BLANK vi TABLE OF CONTENTS I. INTRODUCTION........................................................................................................1 A. RESEARCH OBJECTIVE .............................................................................1 B. ORGANIZATION ...........................................................................................3 C. DEFINITIONS .................................................................................................4 II. THREAT ASSESSMENT ...........................................................................................7 A. POST-COMMUNIST ENVIRONMENT ......................................................7 B. ISLAMISTS....................................................................................................10 1. Rebirth of Islam .................................................................................10 2. Islamic Humanitarian Relief and its Dual Purpose........................14 3. Terror Connections............................................................................17 4. Islamic Fundamentalism in Prospective ..........................................24 C. NATIONALIST EXTREMISM ..................................................................26 1. The “Dream of a Greater Albania”..................................................27 2. Albanian National Army (ANA).......................................................32 3. Threat Level .......................................................................................35 D. ORGANIZED CRIME ..................................................................................37 1. The growth of Albanian Organized Crime......................................38 2. Present Status: Organization, International Links and Power .....40 3. The Threat of Organized Crime.......................................................43 III. ALBANIA'S COUNTER-TERRORISM POLICY SINCE 1992..........................49 A. CURRENT INSTITUTIONAL AND LEGAL POSTURE........................49 B. EVOLUTION OF ALBANIA’S ANTI-TERRORISM POLICY..............51 1. Sanctuary Phase 1992-1998..............................................................51 2. Reactionary Phase..............................................................................53 C. ANALYZING THE CURRENT GOVERNMENT ACTION PLAN .......56 IV. ANALYSES OF THE COUNTER- TERRORISM POLICY MODELS ............61 B. CONCILIATION POLICY .........................................................................69 C. "SANCTUARY DOCTRINE" LEADING TO A PASSIVE POLICY....73 D. CRIMINAL JUSTICE APPROACH...........................................................76 V. IMPLEMENTING THE CRIMINAL JUSTICE MODEL ...................................83 A. THE ROLE OF INTELLIGENCE ..............................................................83 B. THE ROLE OF THE POLICE ....................................................................86 C. THE ROLE OF THE JUDICIAL SYSTEM...............................................87 D. LEGISLATIVE REFORM ...........................................................................89 E. INTERNATIONAL COOPERATION ........................................................91 VI. CONCLUSIONS ........................................................................................................95 A. MAJOR FINDINGS ......................................................................................95 B. RECOMMENDATIONS FOR INTERNATIONAL ASSISTANCE........97 C. FUTURE RESEARCH..................................................................................98 vii APPENDIX – A. UNITED NATIONS CONVENTIONS ON TERRORISM RATIFIED BY ALBANIA......................................................................................101 APPENDIX – B.
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