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Although in continental European countries case law does not present a formal source of law, it is important as a subsidiary source of law and therefore in this context it needs to have a certain level of consistency. In this regard, this paper analyzes the inconsistency of case law in war crime cases in B&H, which is reflected in various courts adopting opposing standpoints when it comes to applicable substantive law – i.e. in the lack of harmonization of legal interpretations of certain criminal justice institutes. These differences are principally manifested in the fact that B&H war crime cases that come before the competent B&H entity courts are mostly based on the implementation of provisions of the Criminal Code of the Socialist Federal Republic of Yugoslavia, while the Court of B&H mostly acts according to the Criminal Code of B&H, due to its jurisdiction ratione materiae to act according to what has been defined as a criminal act by the Criminal Code of B&H and by other B&H laws. It is necessary to apply the standards equally to all those accused for war crimes, and a harmonized interpretation of criminal codes is very important as well, since realizing a guarantee function of criminal law, protection of human rights and the equality of citizens, and the principle of legal security also depend on the stance of the court in question. This paper also analyzes the impact of the decision of the Constitutional Court of B&H in the Maktouf case on the relevant case law of competent B&H courts, as well as the impact of potential de lege ferenda mechanisms on overcoming the issue of inconsistency of case law. Proposals to overcome this include, among others, a conclusion on the necessity of establishing a judicial body that would harmonize the case law in this area on the state level and would ensure both its consistency and a constant consideration of current issues and institutes of case law.
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O radu crnogorskog politčara i državnika Jovana Simonova Plamenca, sačuvano je mnoštvo građe u raznim fondovima Državnog arhiva, Državnog muzeja i Istorijskog instituta Crne Gore. Pored ove građe, nastale radom pojedinih državnih institucija, sačuvana je i lična Plamenčeva arhiva ali ne kao jedinstven arhivistički fond. Ona se dijelom nalazi u Podgorici u Istorijskom institutu a dijelom u Beogradu u posjedu njegovog unuka Rastislava Plamenca. Iz ove zanimljive arhive objavljujemo nekoliko dokumenata nastalih tokom 1912 i 1913 godine u vrijeme kad je Plamenac u kabinetu generala Mitra Martinovića /6.VI 1912–25.IV 1913/ bio ministar unutrašnjih djela i zastupnik ministra prosvjete i crkvenih djela.
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Egzodus Bošnjaka Nikšića predstavlja jednu od najtežih i najdramatičnijih epizoda u stradalničkom i neizvjesnom muhadžirskom pokretu, koji je zahvatio cjelokupnu islamsku populaciju na Balkanu. Realizacija planske i prisilne akcije protjerivanja domorodačkog stanovništva, zauzimanjem njihovih staništa od strane novih i ratobornijih osvajača i progonitelja uzrokovala je temeljnu razasutost i panično bjekstvo sa nemjerljivim posljedicama i jedinstvenim ciljem da se povlačenjem ka unutrašnjosti Osmanske države pronađe novo i bezbjednije utočište. Ovakvim akcijama čišćenja postepeno su ostvarivani planovi crnogorskih vojnih i civilnih vlasti za osvajanje brojnih gradova i utvrđenja sa većinskom islamskom populacionom strukturom.
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Discrimination is described as a psychological violence in the organization that is directed against a group or separate people that belong to this group, understanding them as hostile and intolerable. These are changed, unhealthy relations that damage the dignity of a personality. In the society discrimination is understood as negative, shameful phenomenon. That is why the identification of discrimination in employee relations can have a preventive meaning and the leader acquires the right to find the solution for the problem and take correct decisions. Analysing the bibliography it becomes clear that discrimination that is evaluated through the prism of work relations is gender, social group, national etc discrimination, that is why for pointing out the dysfunctional relations and the term discrimination in work relations is used. Discrimination in employee relation- is processes that take place inside the organization between the employees. The main features of discrimination in employee relations are: exclusion of group or people that belong to this group because of the difference they have, negative perception, social isolation, oppression. Employees are divided into groups according to physical, cultural; psychological features. Negatively viewed minority can become anyone who according to the ones in power or majority can be described negatively. Discrimination on a work place is understood as a complex of measures that are active for a long time and that evoke constant discomfort, stress, sufferings, and psychological pain. Discrimination as a dysfunction of employee relations is called violence that is used to frighten the victim, separate and throw out of the organization, because the ones who discriminate the victim think about it as dangerous to them and to the organization. The damage that is done to the victim, the psychological pain, and social separation is evaluated as aggression and violence. The analysis of the discrimination processes as dysfunctional, confusion evoking relations would not be profitable, if these processes would be evaluated separately from the factors that influence them. The battle against the discrimination in the relations of the employees begins from the mess in the relations of the employees, the understanding and naming the factors that cause it. Prejudices and stereotypes create the "boogie men" that are schematized reflection of the society values and fears. In the tension field called "acceptedhostile", where the instincts of self-defend increase the wish to decrease the real or suspected danger "pushing it out" of the organization borders. In this case dysfunctional and confusion arousing relations, that are influenced by discrimination factor together become a mean of fighting, that we call discriminationpsychological or physical. Prejudices and stereotypes humiliate the dignity and value of a person. They are influenced by latent society processes that have the shades of human values and psychological reasons. Prejudices and stereotypes are based on ideology and tradition, which in the conciseness of the individual create the image of stability and completeness, which cause evaluation problems. Prejudices and stereotypes as factors of discriminative factors of the relations between employees would be not enough to connect only with ethnic group, culture or gender. It is necessary to pay the attention to the fact that any prejudices and stereotypes that are connected to the individuality is a negative understanding of a person. That is why all this creates more flexible attitude towards discrimination in the relations of the employees. The main assumptions used to test the respondents’ stereotypical way of thinking were as follows: “Women are worse managers than men because their decisions are ruled by emotions”, “A gypsy would never make a good employee because work ethic is alien to his/her culture” and “We can often hear jokes made at the expense of blondes, the Jews and the Chukchi here”. The decision was made to analyze the respondents’ answers (approvals and/or disapprovals) by grouping the respondents according to their demographic characteristics: sex, age and education. The outcome was unexpected: firstly, women themselves admit that women managers are not as competent as men managers because women base their decisions on emotions; secondly, while assessing the integration of the Roma into organizations, women are much more critical than men in that respect; thirdly, women tell derogatory jokes about women, nationalities, etc a bit more often than men do.
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Na dan 27. februara 2003. godine navršava se jedan koliko tužan toliko i sraman jubilej. Navršava se decenija od mučkog ubistva civila izvedenih na stanici Štrpci iz brzog voza Beograd - Podgorica, krivih samo zato što nisu bili Srbi.
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Autorovo osnovno stanovište je da ljudski um nije sposoban da pojmi zločin masovnog silovanja ni u obliku pravne ni u obliku filozofske (etičke) svijesti. Članak zato istražuje metafizičke korijene zla, kao i dobra, da bi uopće odgovorio na pitanje šta znači masovno silovanje. Polazi se od premise da u osnovi silovanja leži strah. Analiza se nastavlja oslanjanjem na Aristotelov pojam vrline i, konzekventno, vrline hrabrosti kao sredine koja stoji između dva poroka: manjka hrabrosti i suviška hrabrosti. Autor zaključuje da postoje dva oblika silovanja: onaj koji proizlazi iz straha od žene i onaj koji potječe iz odsustva bilo kakvog straha. Da bi se oslobodio zla, pa i onog u obliku silovanja, čovjeku je potreban Strah od konačnog Suda. Zato je, smatra autor, vrlina hrabrosti priznati da pravo i filozofija ne mogu znati pravu prirodu zla i masovnog silovanja kao njegove emanacije.
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Neka je selam i mir za sve sudionike u ovoj raspravi. Dragi moji Bošnjaci, cijenjena gospodo, poštovani prijatelji, učesnici ovog visokog skupa. Pozivam sve prisutne da fatihom ili minutom ćutanja, na način kako se Vi molite, da se pomolimo za sve nevine žrtve koje su pale u minulom ratu BiH, Bukovici, Sjeverinu, Štrpcima, i drugim mjesima…
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U toku Prvog balkanskog rata (8. oktobra 1912 – 30. maja 1913), vodile su balkanske zemlje: Srbija, Crna Gora, Grčka i Bugarska (članice Balkanskog saveza) rat protiv Osmanskog carstva. Armije balkanskih država su uspele da savladaju armije Osmanskog carstva. Crnogorska vojska oslobodila je Mojkovac (9. oktobra 1912. godine) i do kraja meseca ovladala je područjem Bijelog Polja (11. oktobra 1912. godine), Berana3(16. oktobra 1912. godine), Plava4 (19. oktobra 1912. godine), Gusinja5 (20. oktobra 1912. godine), Rožaja6 (26. oktobra 1912. godine), Pljevalja7 (28. oktobra 1912. godine), Peći (30. oktobra 1912. godine), da bi 4. novembra 1912. godine ušla u Đakovicu istovremeno sa srpskom vojskom. Učestvovala je u zauzimanju Pljevalja 12. oktobra 1912. godine8.
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Terrorism has been used throughout history as a means of violence by various groups to achieve their aims. But, terrorism has gained international character especially after the twentieth century, It has become a strategy not only for a group in the country but also for the states against each other in national and international policies. In addition, the reason for the spread of international terrorism is the transnational terrorist activities of terrorist groups and the support of terrorist acts by states in a region or country. The international terrorism can therefore be regarded as one of the most important international peace and security threats today. The terrorism activities which based on ethnic backgrounds, is able to gain international dimension either by receiving support from foreign countries or by moving beyond the borders of the country. In this study, as an example of ethnic-based international terrorism with the information on the fight counter terrorism of IRA and England is provided.
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This paper aims to answer the question of whether there are common characteristics of adolescents who join club fan groups on the basis of the data collected during the research conducted from 2012 to 2014 on the sample comprising of secondary school students from the territory of the Republic of Serbia from 12 cities that had first division football clubs in the 2012/2013 season. 3662 students were surveyed. The analysis of the collected data showed that a young member of a fan group could be described as a male adolescent who participated in clashes because of football, who was abused illicit drugs and who was apprehended by the police and against whom criminal charges for violence in football stadiums were filed.
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Based on the synthesis of research results presented within this paper, it may be inferred that terrorism is not a spontaneous, reckless, negligent, disorganized, unsystematic, crazy or insane use of violence or threat of violence, and that terrorists are not mostly uneducated and unintelligent people. Hence, terrorism is a very conscious, methodical, intentional, deliberate, calculated, organized and systematic use of violence or threat of violence, whereas many terrorists are intelligent, calculating, and often highly educated people. Organizational and systematic characteristics of acts of terrorism are reflected in such terrorist activities which imply that committing one act of violence forebodes the execution of the following ones, according to a predetermined plan, method and strategy, i.e. pattern, thereby causing a latent danger that constantly lurks. This constitutive feature of terrorism as a system is confirmed by a cause-and-effect and organizational-systemic connections and presence of its essential elements, i.e. goals, means, activists (active entities), attack targets (passive entities) and possible consequences at the operational, coordinating and strategic, organizational-system level. According to these results, the triple focus of terrorism, systematic organization and gradation of its essential elements, according to their organizational systemic levels, can be concisely explained in the following manner: Goals (possible consequences) of terrorism are: direct or immediate consequences of terrorist violence (death, physical injuries, etc.) – at the tactical level, indirect or incidental (causing fear and general hazard) – at the coordinating level and final and political (political change) – at the strategic level. Means of terrorism are: violence or threat of violence (terrorist acts) – at the tactical level, propaganda – at the coordinating level and terrorism in its entirety – at the strategic level. Active entities – leaders of terrorism are: terrorists as individuals or terrorist groups - at the tactical level, coordinating leaderships of terrorist organizations, with the support of the media, with or without the support of political fronts – at the coordinating level and strategic leaderships of terrorist organizations with or without the support of states or international fronts – at the strategic level. Passive entities (targets or victims) of terrorism are: innocent individuals affected by violence – at the tactical level, general population not directly attacked but intimidated by violence – at the coordinating level and the country in its entirety – at the strategic level. Having in mind all above mentioned, in general terms, terrorism as a system can be considered as a strategy, whereas a terrorist act can be interpreted as tactics for reaching political goals through instilling fear and panic. Thereby, the criminal act of terrorism is placed above general and isolated attacks on individuals, public services or property, thus becoming a means of attacking the state and international community of states. In other words, the use of terrorist violence can be observed as a tactical instrument for achieving the strategic political goal, whereby the intimidation bridges over the gap between violent terrorist acts and political targets of terrorism.
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In the analysis of conflicts, war and violence, religion starts to be analyzed as a possible factor that significantly affects this phenomenon. From this point of view, it is important to examine how all the main religions consider these phenomenons. This paper will analyze the views of orthodox forms of Christianity on war, conflicts, violence and tolerance. Orthodoxy is an important form of Christianity, because it is dominant religious system in a large part of the planet. If we bear in mind that Russia itself, as a dominantly Orthodox country at the same time is the surface- largest country in the world, which is under the great influence of Orthodoxy, it is clear that is very important to analyze this phenomenon. How important it is to understand the influence of religion in order to maintain the world peace, it can be seen from the fact that Russian Prime Minister Vladimir Putin and Russian President Dmitry Medvedev constantly emphasize their connections to the Orthodoxy. Orthodox views of conflicts, war and tolerance are based on primary sources of Christianity, but also has its own specific features that are related to the nature of its teaching and to the conditions in which the Orthodox churches act. This paper will analyze all of the above mentioned factors in order to show that without Orthodoxy it is not impossible to maintain the world peace and to develop tolerance between different religions on the planet.
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In the article, the authors challenge the main arguments regarding the inevitability of decline of the American power pointed out by the declinists. By citing the eight arguments against declinists’ case, the aim is to show that in international relations there is no absolute certainty that something will happen that way most people expect, especially when assessing one’s strength. Conventional wisdom often fails in front of the unpredictability of events and the determinism in international relations does not have it easy as in some other areas of human activity.
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The article is devoted to the presence and the symbolism of some elements in the Roman criminal law observable in the system of public penalties that was applied by Romans. In particular, the analysis includes three important punitive measures: “the prohibition of water and fire” (aquae et ignis interdictio), “the punishment of the bag” (poena cullei) and“burning alive” (vivi crematio). The elements present in these penalties, in particular water and fire, played a dual role. They were treated either as a determinant of the basis of earthly existence denied to the convicted person or served as his sacral treatment. In both cases they were to ensure the final freeing of the Roman society from the offender and the consequences of his transgression.
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On 17 December 2013 a draft law amending the Criminal Code and certain other laws was submitted to the Sejm by the government. The amendment concerned mainly Chapter XXV of the Criminal Code, which is devoted to sexual offenses. If it enters into force,it will be the sixth in turn amendment of this small chapter, consisting of articles from 197 to 205. At the same time, it is the most often amended chapter of the specific section of the Criminal Code, arousing a particular interest of both the government and the parliament.However, such interest is not a good thing for the regulation, because all previous changes,despite one adopted in 2004 which corrected two obvious errors (one in art. 200 and the other one in art. 202 of the Criminal Code), not only spoiled the libertarian concept of sexual offences proposed by professor M. Filar, but also “suffered from” numerous legislative bungles. Unfortunately, this applies to the recent draft as well.The implementation of more effective regulations within chapter XXV of the Criminal Code and other related provisions would deserve the acceptance in the situation, which would require such regulation. Criminological diagnosis of sexual offences in Poland since the enactment of the Criminal Code in 1997 has not provided any arguments that the protection of sexual freedom and decency under the provisions adopted in 1997 is insufficient. The Author critically assesses most amendments of chapter XXV of the Criminal Code,including the last one presented in the article, and he considers that they ft the penal populism and the ideologisation of criminal law.
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Øyvind Østerud, Hva er krig (What is War) by Øyvind Østerud (translated from Norwegian by Rasim Muratović, Sarajevo, 2016.)
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This aim of this article is to present the research process using the action research method in the project titled“Development of the empowerment of educators and beneficiaries in the field of youth at risk and social exclusion” implemented within the Erasmus Plus programme in which the author of this article participated. The process of operationalisation of the social exclusion category and the characteristics of the methodology of action research were performed in this article. The project objectives were set out and the team appointed to carry out the research on the issue of the development of the empowerment of educators and beneficiaries working with adults at risk of social exclusion was described. The article subjects the research process implemented by the team of investigators to analysis and identifies the turning points in this process. Conclusions concerning the specificity and usefulness of action research in searching for social practice solutions in the field of social exclusion have also been provided on the basis of practical experience.
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War and terrorism, as humanists have argued, are irrational per se. Realists, following Clausewitz’s formula that war is “a continuation of politics by other means”, drew a different lesson from history, and cynics tend to side with them, pointing out that frequently the “winner takes all” (Frank and Cook, 1996). Economists approach these basic questions differently, attempting to first clarify under which circumstances war and terrorism “pay”, which systems of incentives they promote and what kinds of group behaviours they reinforce.
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