Author puts in his article the proposal how to prepare a comprehensive criminal strategic analysis report on weapon related criminality. He starts with the justification and objectives of arm crime analysis, explaining the European Union driven perspective resulting from the definition of weapon tracing. The content and methodology of possible criminal strategic analysis on arms crime are presented in paragraphs and sections what shall allow the analysts to follow the pattern suggested in the article. The complexity of the data to be gathered, cross-checked, analysed is significant, but the only purpose behind was the comprehensiveness of the future analytical reports. The analyses produced on the basis of the material, could be taken up on the district/city level as well as from the regional, state or international perspective. The proposed content and methodology for drafting the arms related crime should be adjusted to particular needs and tailored for the target group to whom, the conclusions will be addressed. One of the most important factors, stressed by the author, is that the analysis/report should always contain the conclusions and recommendations part, that shall allow improving the actions of the respective state agencies and law enforcement bodies or amending legislation. The article convinces also that using the information coming from tracing of weapons, allows not only tracing particular unit of weapons or ammunition, detecting the perpetrator and dissolving certain crime case, but also contributes to drafting the comprehensive criminal strategic analysis of the phenomena.
The article focuses on the regulations that have lately been introduced by the Republic of Kosovo in the field of the civilian market of weapons and ammunition control. Between 2009 and 2011, the comprehensive Law on Weapons and several subsequent sub-legal acts were established. The main objective was to enhance the control over the weapon market for civilian use, limit the illegal possession of weapon in Kosovo and improve the effectiveness of law enforcement bodies performance in the field of combating illegal weapon trafficking. This article highlights the foundations, structure and content of the administrative instruction on weapons and ammunition tracing from the perspective of EU acquis and policy. Tracing is a systematic tracking of the history of firearms and in certain cases also their parts and ammunition; checking the background of the weapon and its users in order to identify the moment of shifting the weapon from legal into illegal market and detect the perpetrators operating in this shady business. Its main purpose is to assist the law enforcement bodies in detecting, investigating and analysing illicit manufacturing and illicit trafficking of weapons and ammunition. The article describes the content and structure of the tracing regulations, recalling the EU and UN legal framework that served as the basis for new primary and secondary legislation in Kosovo. Moreover, the article takes note of the technical, organizational and forensic solutions applied by Kosovo’s authorities (with the help of international community) with the aim to strengthen the impact of the new legal framework in practice and make combating arms related crime more effective.
The article focuses on the countermeasures that could be taken by international community and countries in order to tackle with the problem of illicit weapons trafficking and manufacturing. One of the most efficient tools in the field of preventing and combating the above phenomena is implementing the tracing of weapons. Tracing means systematic tracking the history of firearms and in certain cases also its parts and ammunition; checking the background of the weapon and its users in order to perceive the moment of shifting the weapon from legal into illegal market and detect the perpetrators operating in this shady business. Tracing concept is deeply rooted both in European Union and United Nations legal heritage and derives respectively from the so called EU Firearms Directives as well as UN Vienna Firearms Protocol and UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. Tracing is based on three linked pillars: marking of weapons and ammunition, exchange of information and record – keeping understood as registering all weapons and keeping track of production, import, sale, transfer from government stockpiles, deactivation, destruction. The exchange of information can be executed both domestically and internationally, including the intermediation with international institutions such as Interpol. Article also explains in detail the characteristics of weapon tracing instruments or manuals worked out both by European Union and United Nations, their inter-dependence and main differences as well as reasons behind applied approaches of both stakeholders.
Between 2009 and 2011, the comprehensive Law on Weapons and several subsequent sub-legal acts on weapon market control came into force in Kosovo. The new system replaced the old UNMIK regulations that seemed not be effective in such postconflict zone as this part of Balkan region. The main objective was to enhance the control over the weapon market for civilian use, limit the illegal possession of weapon in Kosovo and improve the effectiveness of law enforcement bodies performance in the field of combating illegal weapon trafficking. One of the elements of the system was appropriate marking of firearms, their parts and ammunition. Authors of this article do not address the overall efficiency of the weapon control system, but analyze Kosovo’s requirements for marking of weapons from the perspective of international standards. Marking of weapons is perceived as one of the three main pillars for effective tracing of weapons (marking, record-keeping and exchange of information) that allows to examine the background of firearms and, in certain cases, also parts of firearms and ammunition. Marking also allows to preserve strict control over the firearms in private hands by linking the producer, dealer and owner of the particular firearm. Markings on firearm shall also depict all major changes to the status of weapon (e.g.: proof marking, deactivation marking, transfer from government stocks or import). The article refers in detail to all the methods and requirements on marking.