The initiative by Andrije Mandić suggests declaring drug cartels as terrorist organizations, which he believes is unnecessary. He argues that Montenegro’s existing laws provide a solid foundation for combating organized crime. Instead, he advocates for the head of parliament to propose essential measures such as auditing the financials of judges and prosecutors, increasing the number of judges in the special department of the High Court in Podgorica, and enhancing the working conditions for judicial staff…

This perspective reflects the views of the interlocutors of “Vijesti” regarding Mandić’s proposal, which he disclosed during a Defense and Security Council session on Friday.

Mandić also noted on the “X” network that he reached out to colleagues from the Supreme Command, including heads of state and government, namely Jakov Milatović and Milojko Spajić. He suggested amendments to the National Security Strategy regarding the “political influence of organized crime” and proposed designating “transnational drug trafficking cartels” as terrorist entities.

He stated, “Given the security threats posed by transnational organized crime’s influence on state institutions, I firmly believe it is crucial to pass a special law on combating terrorism promptly. This law would equip state bodies with new legal tools to strengthen their capacity to combat terrorism effectively, facilitating the execution of critical public policies and fulfilling our obligations under Chapters 23 and 24 in the EU (European Union) negotiations.”

His initiative mirrors an executive directive issued on January 21 by the new-old president of the United States, Donald Trump, which aims to classify drug cartels as “foreign terrorist organizations.” As reported by local media, this move aligns with Trump’s broader strategy to mitigate drug smuggling and human trafficking issues along the southern US border.

“Overreaching Proposal”

Former Secretary General of the Government and attorney Boris Marić conveyed to “Vijesti” that while Mandić’s concept is valid, it primarily serves for political marketing. He expresses belief that the current legal framework adequately supports the fight against organized crime, deeming Mandić’s proposal unnecessary.

“Our focus should be on amplifying the capabilities of the security and judicial sectors. Implementing phased vetting processes (including asset verification for judges and prosecutors, assessing their potential links to crime, and evaluating their professional competencies) is essential, along with a significant increase in investment for these institutions, covering aspects like equipment, technology, facilities, and personnel. The existing budget for these institutions fails to meet the demands for necessary reforms,” Marić argues.

He adds that substantial reforms are not a politically advantageous platform, thus citizens tend to favor narratives around quick fixes, fighting organized crime, and corruption, despite insufficient authority to enact such changes. He emphasizes the need for dialogue and thorough investigation into the criminalization levels within Montenegrin society.

According to the “Serious and Organised Crime Threat Assessment in Montenegro – SOCTA MNE 2024” document, 11 high-risk organized crime groups (OCGs) are currently active in Montenegro, with the largest comprising over 30 members. The report indicates that their primary criminal operation is international cocaine trafficking, alongside ongoing associations with criminal factions from other Western Balkan nations.

“If the cat doesn’t catch mice, then it’s irrelevant…”

Former Serbian police minister and lawyer Božo Prelević asserts that drug cartels and terrorist organizations should not be conflated as they have distinct objectives. Cartels seek profit, while terrorists aim to instigate chaos, garner attention, and ultimately destabilize governments through large-scale violent acts.

“These two should not be mixed,” he insists.

Prelević argues that classifying drug organizations as terrorist entities would not provide courts or prosecutors with additional resources or tools but may yield marketing advantages. He would have preferred if Mandić had advocated for more judges in the High Court and Supreme Court and an increase in the number of courtrooms.

“This seems to me like merely renaming the issue. The question should be about the means of combat—will there be an increase in agents, prosecutors, and judges to tackle it? I believe Montenegrin law already imposes strict penalties for such crimes. As former Chinese leader Deng Xiaoping put it: ‘It doesn’t matter if a cat is black or white, as long as it catches mice.’ Regardless of the labeling, if it fails to catch mice, the color is irrelevant,” Prelević remarked in his conversation with “Vijesti”.

He emphasizes that for a “cat to catch mice,” drug gangs in Montenegro, as well as Serbia, must first be sufficiently weakened, but notes that they appear to have grown stronger, resembling “more dangerous than cats.”

“Analyzing correspondence from the ‘Sky’ application reveals they’ve fattened up due to protection from authorities,” asserts Prelević, who served as Serbia’s first police minister post-regime change from Slobodan Milošević.

“Certain OCG activities might be classified as terrorism”

Following the session of the Supreme Command, Mandić emphasized that while drafting the anti-terror law, input from Montenegro’s professional public, security experts, and citizen representatives would be essential, with a notable focus on learning from “the best international practices, particularly from the USA, with whom we should establish direct cooperation in this domain.”

In addition, he argued for the Special Police Department and the Chief Special Prosecutor to operate in new, fitting facilities as soon as possible to enhance the effectiveness of these bodies.

“The Council members expressed strong support for this initiative, and we agreed to prioritize this discussion in our upcoming session,” he stated, noting they plan to consult with EU and US representatives moving forward.

“Vijesti” anticipates a response from the European Commission regarding support for Mandić’s proposal.

Boris Marić notes that while the concept presents complex legal challenges, there are ventures by organized criminal groups that could be identified as terrorism—such as armed skirmishes, bombings, and orchestrating assassinations of state officials…

“Although current legislation allows for some acts committed by organized criminal entities to be deemed terrorism, substantial legislative changes are required to characterize all activities of drug clans as terrorist acts,” he concludes.

The SOCTA report does not explicitly link organized crime groups to terrorism, but highlights that “the most severe forms of violence, evidenced by the ruthless elimination of rivals, aim not only for monopolistic dominance but also for revenge against and total obliteration of rivals,” remain central to the operations of high-risk criminal organizations.

“The assertion that these high-risk criminal groups utilize corruption as a labor method has been validated through their infiltration and strategic alignment within law enforcement and intelligence agencies,” indicates the report.

What Trump’s directive intends

The order from Trump characterizes drug cartels as a distinct national security threat to the US compared to “traditional organized crime.”

As NPR reports, the US government already possesses various legal avenues to combat cartels, and this classification would potentially broaden those options.

According to NPR, significant additional measures may include the capacity to impose charges for “material support to a terrorist organization.” According to US legislation, providing material aid to a designated terrorist entity is a criminal act. This support can encompass financial resources, weaponry, housing, falsified documentation, or even communication devices.

In terms of drug cartels, prosecutors could utilize such measures against a wide array of individuals, from cartel members to street gangs selling drugs, extending to anyone offering financial or logistical backing to the cartels, as mentioned by NPR. The ramifications of this directive could be extensive, it adds.

“American firms engaging with Mexican companies controlled by cartels could face legal repercussions. Moreover, migrants utilizing smuggler services connected to cartels for crossing the US-Mexico border may find grounds for exclusion from entering the US,” NPR notes.

Conversely, former DEA international operations head Mike Vigil indicated in an “NPR” interview that Trump’s directive wouldn’t create any substantial change.

“Indeed, all measures authorized under this designation are already in practice. Initially, it permits asset seizure and account freezes for these groups within the US. Secondly, it would penalize US citizens maintaining business relationships with organizations labeled as terrorist. Ultimately, it aims to deter these organizations from accessing the United States,” Vigil articulated, claiming these processes have been longstanding practice, dubbing the directive as mere “political theater.”

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