The Transformation of the Contemporary Security Environment

The security environment in the Republic of Kosovo has undergone profound structural transformations over the past decade, characterized by an increasing complexity of both traditional and non-traditional threats.
Geopolitical dynamics in the Western Balkans, occasional tensions in the northern part of the country, as well as the consolidation of cross-border organized crime networks, have created a security ecosystem in which the boundary between internal and external security has become increasingly blurred.¹

In this context, existing institutional capacities—although functional within their constitutional mandates—often face objective limitations in managing advanced crisis situations, particularly in scenarios requiring high mobility, sustained territorial presence, and coordinated inter-institutional intervention.²

Therefore, the discussion on the establishment of a gendarmerie-type force should not be understood as a militarized expansion of internal security, but as an institutional evolution of the state security architecture, in line with Euro-Atlantic standards and consolidated democratic state models.³

Constitutional, Legal and International Basis of Security

The Constitution of the Republic of Kosovo defines sovereignty, territorial integrity, and constitutional order as fundamental values of the state.⁴ It also obliges public institutions to guarantee security, public order, and the functioning of the rule of law.⁵
In particular:
The Assembly has the competence to adopt laws in the field of security;⁶
security institutions operate on the basis of legality and democratic civilian control;⁷
the organization of security forces is a matter of legal regulation, not solely constitutional design.⁸

In this context, the establishment of a new force does not necessarily require constitutional amendments, but rather a clear legal basis (lex specialis) in accordance with the principles of proportionality and separation of powers.

Relevant International Instruments

Kosovo’s security architecture is also linked to international standards, including:

The United Nations Charter (Article 2(4)) on sovereignty and non-intervention;⁹

The Universal Declaration of Human Rights, on limiting state power over fundamental rights;¹⁰

The European Convention on Human Rights (ECHR), particularly provisions on proportionality of state interference;¹¹

OSCE documents on human security and security sector democratization, requiring civilian control over armed forces;¹²

NATO Strategic Concept 2022, emphasizing state resilience against hybrid threats.¹³

Existing Security System and Functional Limitations

Currently, Kosovo’s security system is based on two main pillars:

The Kosovo Police, as a civilian law enforcement body responsible for public order and law enforcement;¹⁴

The Kosovo Security Force (KSF), as a defense structure with a military mandate;¹⁵

Although functional, this dual model does not fully cover situations within the “intermediate security zone”, where the following are required:

sustained territorial presence;
rapid operational response;
moderate military intervention capacity;
and management of hybrid situations.

Evolution of Modern Security Threats

Contemporary security challenges include:
hybrid threats and information operations;
cross-border organized crime;
smuggling and illegal economies;
attacks on critical infrastructure;
radicalism and violent extremism;
political pressure and local destabilization.¹⁶

These phenomena are addressed in modern security literature as “multi-layered security threats”, requiring specialized structures between police and military institutions.¹⁷

The Concept of Gendarmerie in Comparative Law

The gendarmerie model is well known and consolidated in many democratic states.
Key examples include:
Gendarmerie Nationale (France)
Arma dei Carabinieri (Italy)
Gendarmerie General Command (Turkey)

European Gendarmerie Force (EUROGENDFOR)

These structures are based on a legally hybrid model characterized by:
military status with police functions;
broad territorial jurisdiction;
crisis management competencies;
and a role in combating terrorism and organized crime.¹⁸

Legal Basis for the Establishment of a Gendarmerie in Kosovo

From a constitutional and legal perspective:
Article 65 of the Constitution grants the Assembly full legislative competence in the field of security;¹⁹
The Law on the Police and the Law on the KSF establish a clear functional separation;²⁰
constitutional law does not prohibit the creation of new security structures, provided that proportionality and democratic control are respected.²¹

In this sense, a Gendarmerie would require:
a special law (lex specialis) for its establishment;
definition of territorial jurisdiction;
definition of police-military competencies;
mechanisms of parliamentary and judicial oversight.

Comparative Legal Instruments

In many European countries, the legal basis of gendarmerie forces relies on:
special organic laws on public security;
military statutes with police competencies;
dual civilian control models (Ministry of Interior + Ministry of Defense).²²

Strategic Importance for the Republic of Kosovo

The establishment of a Gendarmerie would have a direct impact on:
territorial control and state stability;
management of hybrid crises;
protection of critical infrastructure;
increased operational capacity of the state;
alignment with NATO and EU standards.²³

Institutional Balance of Security

The proposed model creates a three-tier structure:
Kosovo Police → public order and criminal investigations

KSF → territorial defense and military operations

Gendarmerie → intermediate security and territorial control

This model enhances institutional resilience and operational flexibility.

Conclusion

From a legal, constitutional, and strategic perspective, the establishment of a Gendarmerie in the Republic of Kosovo is:
legally permissible;
institutionally justifiable;
strategically necessary under current security conditions.

In this sense, the Gendarmerie does not represent a radical change of the existing system, but an institutional adaptation to new hybrid security realities and territorial control challenges.

Footnotes:
1. Barry Buzan, People, States and Fear: An Agenda for International Security Studies in the Post–Cold War Era (London: Harvester Wheatsheaf, 1991).
A foundational work that expands the concept of state security beyond the military dimension and treats it as a multidimensional phenomenon (political, economic, social, and military).
2. NATO, Strategic Concept 2022: Madrid Summit Declaration (Brussels: NATO, 2022).
A strategic document defining contemporary threats, particularly hybrid threats, and the need for state resilience and civil–military cooperation.
3. Samuel P. Huntington, The Soldier and the State: The Theory and Politics of Civil-Military Relations (Cambridge, MA: Harvard University Press, 1957).
A classic study on civil–military relations and the principle of civilian control over armed forces in democratic states.
4. Constitution of the Republic of Kosovo, Official Gazette of the Republic of Kosovo, 2008, Articles 1–2.
Defines state sovereignty and its source in the people, as well as the foundations of the constitutional order.
5. Constitution of the Republic of Kosovo, Articles 2–3.
Guarantees territorial integrity and the obligation of institutions to protect the constitutional order.
6. Constitution of the Republic of Kosovo, Article 65.
Defines the legislative competencies of the Assembly, including the organization of security institutions.
7. Organization for Security and Co-operation in Europe (OSCE), Security Sector Governance and Reform Guidelines (Vienna, 2019).
An international standard for democratic governance of the security sector, including civilian control and institutional accountability.
8. Robert Alexy, A Theory of Constitutional Rights (Oxford: Oxford University Press, 2002).
Develops the principle of proportionality as a key standard for limiting state power.
9. United Nations, Charter of the United Nations (1945), Article 2(4).
Prohibits the use of force and guarantees state sovereignty and territorial integrity.
10. United Nations General Assembly, Universal Declaration of Human Rights (1948).
Establishes universal human rights standards and limits on state authority.
11. Council of Europe, European Convention on Human Rights (ECHR) (1950).
A legal instrument guaranteeing fundamental rights and setting standards for the proportionality of state interference.
12. Organization for Security and Co-operation in Europe (OSCE), Code of Conduct on Politico-Military Aspects of Security (1994).
Sets out principles of democratic control over security and armed forces.
13. NATO, Resilience and Countering Hybrid Threats Framework (2022).
Addresses hybrid threats and the need to strengthen institutional resilience.
14. Law No. 04/L-076 on the Kosovo Police, Official Gazette of the Republic of Kosovo.
Regulates the civilian mandate of the Kosovo Police for public order and law enforcement.
15. Law No. 06/L-123 on the Kosovo Security Force, Official Gazette of the Republic of Kosovo.
Defines the military and defense mandate of the Kosovo Security Force.
16. Europol, Serious and Organised Crime Threat Assessment (SOCTA) 2024.
Analyzes trends in organized crime in Europe and cross-border criminal networks.
17. Barry Buzan, Ole Wæver & Jaap de Wilde, Security: A New Framework for Analysis (Boulder: Lynne Rienner Publishers, 1998).
Expands the concept of security into different sectors (political, societal, economic, military).
18. French Ministry of Armed Forces, Doctrine of the Gendarmerie Nationale.
Official doctrine of the French Gendarmerie as a military–police force with territorial jurisdiction.
19. NATO, Defence Capacity Building Guidelines (2021).
Guidelines for building security capacities in partner states.
20. Council of Europe, Good Governance in the Security Sector.
A standard for good governance, transparency, and accountability in the security sector.
21. Robert Alexy, principle of proportionality (as developed in A Theory of Constitutional Rights, 2002).
Emphasizes balancing public interest and fundamental rights in state actions.
22. Comparative Security Law: France–Italy–Turkey legal frameworks.
A comparative analysis of gendarmerie legal models in different European states with mixed police–military structures.
23. NATO, Hybrid Threats and Resilience Doctrine (2022).
A document emphasizing the importance of intermediate security structures to address hybrid threats.

The Land of Leka,29.05.2026