Terrorism - Legal Frameworks and Case Law

The monograph "Terrorism - legal framework and judicial practice" was written as a result of many years of scientific study of the problem of terrorism and is a continuation of work in the aforementioned field. In this sense, several important characteristics were observed, which led to the writing of this book. One of them is the dynamism in changing the form and structure of this criminal phenomenon. Thus, only in relation to the period of a little more than ten years, when the monograph "Terrorism - current and possible forms" was published (published by the College of Internal Affairs, Banja Luka, 2006), the expressed form was suicidal terrorism, while today the use of military tactics in terrorist activity dominates, on the one hand, and the increased activity of individuals willing to commit a terrorist act (so-called lone wolves), on the other hand, who very often act as foreign terrorist fighters. Likewise, in the last 20 years or so, there has been a sudden response of international entities to terrorism. This resulted in the adoption of numerous international documents covering the topic of combating terrorism, as well as the need for their introduction into domestic criminal legislation. The best example is the legal framework of the European Union, which has undergone significant changes in the last two years (e.g. the EU Directive on the suppression of terrorism from 2017), which was not covered by the monograph published in 2017 (Criminal-legal response to serious forms of crime, Banja Luka: Faculty of Law, University of Banja Luka). At the same time, individual terrorist acts took place, as well as the involvement of domestic citizens in foreign terrorist activities, which led to the application of criminal law norms to them. Appropriate judicial practice was created, which opened up new questions, first of all, its adequacy in realizing the basic function of criminal law. This is precisely the subject and focus of this monograph.