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In this final chapter, we briefly summarise the main points raised in the preceding chapters, in order to locate overlaps and common insights. Readers accustomed to turning to the Conclusion right away, pondering subsequently whether it makes sense to read the whole volume, therefore face a much easier task. All contributions are recapitulated here, and we leave it to the reader whether to delve deeper. The book consists basically of two main parts: The first one includes chapters covering the issue of conflict between law and politics on the domestic level, while the second one is concerned with the international realm. As regards the former, our contributors predominantly deal with the problem of legitimacy of the kind of judicial activity whose impact extends well beyond mere passing decisions on individual legal cases; in particular, they focus on the activity of the Czech Constitutional Court.
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This article focuses on the way the most important events during the war in Kosovo (1998-1999) are presented in the primary and high history textbooks in Kosovo. The article aims to analyse the presentation of the political/military groups of Kosovo Albanians during the war, their political goals, the meetings, agreements, and collaboration of the political and military representatives of the Albanians with their Serb counterparts, and the war crimes committed by both sides. The article is divided in four parts: the peaceful and the military factions; war crimes, the Rambouillet Conference; and the NATO intervention. The primary and high history textbooks of Kosovo and Serbia, published by the Libri Shkollorpublishing house (Prishtina), and by Zavod za udžbenike (Belgrade), approved by the respective ministries of education, serve as the primary source for this article. In addition to that, works by foreign scholars, who have analysed the events in Kosovo in this period are taken into consideration with their respective arguments.
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As an EU member, Romania must applies the rules of the Union in all areas covered by it, including home affairs, in order to provide Romanian citizens and European citizens with the assurance of fundamental rights and freedoms. This paper aims to address Romania’s obligation to apply EU law in the police field from two perspectives: The advantages of a uniform framework for the application of regulations on this subject, but also the challenges resulting from the need to include them at national level. As a novelty element and with the conviction that the academic environment is a good one for debates, I intend to integrate in the proposed paper information obtained from the dialog conducted through artificial intelligence in the form of ChatGPT, As a result of the controversies raised in the academic world and to identify whether artificial intelligence of this type can formulate pertinent arguments regarding the application of EU home affairs legislation in Romania.
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Through the system of lessons identified, those features can be identified that have the potential to make the work of security organisations more effective. In this context, a viable lessons learned system has been adapted and implemented at NATO level and has become a fundamental strategic component of the management system responsible for organisational development. The implementation of the Lessons Learned System at the level of the Ministry of Internal Affairs arose also from the need to have a mechanism that would allow the transfer of knowledge in an efficient and rapid way to all staff, against the background of a particular staff dynamic, the model being mainly the one adopted at NATO level that has proven successful over time. The lessons learnt system at Ministry of Internal Affairs level has been institutionally adapted from the one developed at NATO level, which was previously taken over also by the Ministry of National Defence. Lessons learned implemented on the basis of the NATO model are of value through their use in: the planning of actions carried out by military organisations and those responsible for maintaining, ensuring and restoring public order; ensuring interoperability between the structures of the Ministry of Internal Affairs and the Ministry of National Defence; the development of operational, procedural and technical standards; the field of logistical procurement; the field of education.
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The profile of a spy of calibre in the history of Romanian intelligence is the focus of a qualitative meta-analysis that proposes to focus attention on his professional performance recorded in successful operations. It is unfair to place his world-class work in the background and to highlight the ideas that he damaged NATO, that he was manipulated by the French intelligence services for the benefit of the Russians. The hypothesis is structured around the research question: is Mihai Caraman a victim of history or not? Suspicions are woven around the good French-Romanian relations during the De Gaulle regime, Caraman can boast a prodigious intelligence gathering activity. His indisputable merits build and maintain a leader of vocation, affirmed in the creation and coordination of the Network that bears his name.
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In order to streamline the extinguishing of fires that occur in enclosed spaces, it is necessary to know how the water is distributed at the level of the floor of a room, by using different water discharge techniques. The „T”, „Z” and „O” letters technique is one of the methods of water discharge used to extinguish fires that occur inside rooms. For a thorough knowledge on how the water is distributed inside the room, a procedure was developed to perform tests by discharging the water in the form of the „T”, „Z” and „O” letters which were especially constructed for this purpose. There were also constructed sheet metal boxes used for the accumulation of discharged water. The usefulness of this procedure has been verified by performing three tests to discharge the same volume of water using the „T”, „Z” and „O” letters technique, resulting in the following data: the largest volume of water was recorded in the immediate vicinity of the wall located perpendicularly to the direction of propagation of the water stream (in the first two rows of boxes), respectively in the corners of the test room, arranged at the level of this wall; using the „Z” letter technique, the smallest water loss was recorded; using the „O” letter technique, the water was discharged in the shortest time, being distributed more evenly than by using the „T” and „Z” letters technique.
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Through proceedings before international courts, Ukraine seeks to raise the political cost of the Russian military action on its territory and exert diplomatic pressure to force a cessation of hostilities. It also wants to challenge the controversial legal arguments Russia is using to try to justify the 2022 invasion. While future verdicts may provide a basis for reparations, effective enforcement of rights and punishment of perpetrators of crimes committed on Ukrainian territory are likely to succeed only in the long term. Poland and like-minded states can support Ukraine’s legal position and further assist it in documenting crimes and prosecuting suspects.
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Russia’s aggression against Ukraine, carried out with the support of Belarus, is a violation of the norms of international law that form the basis of the international order shaped after the Second World War. Russian President Vladimir Putin’s justifications of the attack are legally questionable and contradictory to facts. There are also violations of humanitarian law being committed in the course of the hostilities, especially concerning the protection of civilians. The aim of the international community should be to stop the aggression and hold accountable states and individuals responsible for these violations.
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17 marca br. Międzynarodowy Trybunał Karny (MTK) wydał nakazy aresztowania prezydenta Rosji Władimira Putina i komisarz do spraw praw dzieci w jego biurze (odpowiednika polskiego rzecznika praw dziecka) – Marii Lwowej-Biełowej. Oboje są podejrzewani przez Prokuraturę MTK o popełnienie zbrodni wojennych. Podjęcie przez MTK działań wobec Putina to ważny gest, pokazujący, że trybunał nie uchyla się od ścigania nawet najwyższych funkcjonariuszy państwowych. Wyegzekwowanie nakazów będzie jednak trudne z uwagi na spodziewane unikanie przez te osoby podróży do państw, z których mogłyby zostać wydane trybunałowi.
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International community has, on its own will, taken the responsibility to resolve the situation in the then Socialist Federative Republic of Yugoslavia, following its dissolution. This has particularly applied to the Republic of Bosnia and Herzegovina, which was threatened by an open aggression, even disappearance. To that end, ample peace plans were designed, and to a large extent based on ethnic divisions, which suggested intentions of the international community in relation to Bosnia and Herzegovina. Lack of a good will and unity aimed at prevention of aggression against Bosnia and Herzegovina, including the prevention of mass crimes against its citizens, including the crime of genocide, as well as failure to prevent the destruction of state owned infrastructure, silent approval of the several years long siege of the capital, clearly speaks about the attitude on the part of international actors towards the aggressors and innocent victims, particularly the state of Bosnia and Herzegovina. Lack of condemnation of the aggression, and permanent attempts to equalize the victims and aggressors serve as a direct confirmation that the initial attitude towards Bosnia and Herzegovina did not significantly change, although the circumstances to a large extent did. Current development of the situation on a global plan affects the changes in the perception of threat, including the relevance of the Western Balkans, and more specifically Bosnia and Herzegovina, which now suggests the new discourse of the West (EU and NATO Member States) in relation to Bosnia and Herzegovina. The paper is structured in five chapters: Dissolution of SFRY and international recognition of the Republic of Bosnia and Herzegovina; Quest for a peace solution in Bosnia and Herzegovina; Intensification of the international community engagement; Final NATO operation and peace establishment; Post-war reaction of the international community in Bosnia and Herzegovina, and Final considerations. The study is based on the qualitative analysis of documents and critical analysis of activities and actions of the international community in Bosnia and Herzegovina in the period 1991-2022.
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The political goal of the total demographic extermination of the Bosniac Muslim people in Bosnia and Herzegovina is evidenced by the criminal practice on the part of the aggressor, which tried to systematically persecute said people from the territory in which they always lived. Such a goal could not be achieved in another way, but by criminal methods of waging warfare. In order to cover up the aggressive nature of the military force use against the Republic of Bosnia and Herzegovina, presenting it as a civil war within an internationally recognized country, the Belgrade regime established a so-called Republika Srpska para-state and constituted an army of the said para-state, which made an integral part of the Army of the Federal Republic of Yugoslavia (FRY). The unjust and criminal political and military goals determined and directed the war of aggression primarily against the non-Serb civilian population, and only than against the other armed forces, given that most of the killed victims were civilians. The unjust policy based on the great-Serbian ideology against Bosnia and Herzegovina continued even after the signing of the General Frame-work Agreement for Peace in Bosnia and Herzegovina (hereinafter the Dayton Agreement), and continued up to the present day. This is just another proof that Serbia has not yet sincerely and in good faith recognized territorial integrity and the sovereignty of Bosnia and Herzegovina, indicating that all anomalies and blockades in the implementation of the Dayton Agreement are a signal that Serbia, as of this day, does not consider its internationally recognized borders as being final. Such policy of the Belgrade regime is most concretely and indeed most destructively manifested in their attempts to cover up war crimes and glorify war criminals, aspiring to shifting the blame for starting the war and its consequences onto victims, and in that regard to equalize responsibility of the aggressor and Bosnia and Herzegovina defenders, ultimately to change the character of war. It is precisely the reason why the judiciary in the states that acted as aggressors against Bosnia and Herzegovina in the period 1991-1995 was burdened with anomalies resulting in blockades, even the setbacks in the commitments from the Dayton Agreement. This is the reason why trust cannot be built and reconciliation cannot be achieved on such foundations between the peoples and states of the Western Balkans. In that context, various concrete cases of unjust and illegal protection of war criminals should be analyzed, as well as numerous indictments fabricated by the Serbian regime and the Bosnia and Herzegovina entity of Republika Srpska should be considered. Obvious example of such practice is the indictment, including its confirmation, related to the events in Sarajevo’s Dobrovoljačka Street on May 3, 1992.
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The presentation contains an analysis and conclusions regarding the synchronization of national legislation with that of the European Union (EU) regarding the processing of personal data in connection with police registration. Proposals have also been made to change the legal basis.
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Author analyzes discursive praxis in confronting the past and reasons why such approach is considered as a stabilizing concept within historiography. The example of holocaust and its implementation within national and transnational memory of the entire humankind shows how history and memory coexist. Namely, a historiography is inspired by a new model of ethical awareness that imposes revealing of a negative memory in order to avoid repetition and manipulation of the remembrance, especially regarding possible retroactive justification of historical crimes. Generally speaking, such a concept of confronting the past opens question about “negative memories”, and maintains idea that not speaking about historical evil enables its possible return in the future. From the perspective of historical memory one can say that historiography today emphasizes its ethical orientation. Historians today do not have a monopoly on interpreting the past, and this fact enables dialogue between historiography and other scholarly disciplines. Namely, during the last twenty years many sociologists, anthropologists, psychologists, literary scholars and philosophers contributed a lot in the investigation of contradictions and anomalies that accompany transformation of a living communicated remembrance to the commemorative and institutionalized memory. The question of transformation of individual remembrance to collective memory is rather well investigated in the relation to the meaning and significance of social obligation towards a social group, especially regarding question of merging or debarring of certain memories. Author also points out some examples of making the memories in Croatia during the transition period in 1990s’. Moreover, question of rememorizing the World War Two (1941-1945) is discussed in comparison to the rising of social importance of the remembrance of the Homeland War (1991- 1995), especially in the relation to the decisions of the International Criminal Tribunal for the former Yugoslavia. The fall of the Berlin wall in 1989 and collapse of communism in the Central and South-Eastern Europe provoked numerous nationalistic re-interpretations in the small local historiographies. Consequently, some of the Croatian historians during 1990s’ treated their nation as a victim, and confronting the past was rather strongly present in the investigation of victims of communism 1945- 1990, which was necessary at that time because of the need to create a social balance. Nowadays some recent studies show that Croatian historians are more open towards new theoretical approaches within the research field of culture of remembrance. Finally, there is an open question of memorial function of the Homeland War 1991-1995. Namely, many analysts think that international justice has failed in the case of processing crimes during the Yugoslav war. If the International Court of Justice took more clear and undisputable position regarding crime against peace that was committed by Milošević’s Serbia during the aggression to Croatia and Bosnia and Herzegovina, we could do much more effective work regarding negation of mass crimes and recurrence of genocide in Europe.
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On Wednesday 9 October 2019, Turkey launched a cross-border operation in Northern Syria. Turkey justified its actions as a response to an ‘imminent terrorist threat’ from Kurdish-led forces. Its operation was directed at pushing back these groups from its border and creating a ‘safe zone’ in Syria where up to two million Syrian refugees can be resettled. This reflection aims to assess (i) whether the Turkish operation to establish the safe zone was lawful; and (ii) whether the resettlement of Syrian refugees in the safe zone is in conformity with international law.
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Covid-19 pays no heed to borders. Globalisation has carried the virus from a market in Wuhan, China, to almost every country in the world. In response to the virus, some governments have closed their borders to refugees and/or have pushed back refugees from their territories, even though they are well-aware of the dire circumstances that have caused these people to flee their homes. This reflection sets out the compatibility of such practices with international refugee and human rights law. It argues that while states may put in place measures to restrict the spread of the virus (such as health screening, testing, and/or quarantine) vis a vis refugees, such measures may not result in refoulement or in denying them an effective opportunity to seek asylum.
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This reflection offers a concise analysis under national and international law of the cyber-operations carried out by Anonymous in the context of the ongoing armed conflict in Ukraine. It is highlighted that each one of the individuals acting as Anonymous is subject to the relevant national (cyber-criminal) law jurisdictions. Moreover, in the context of the war between Russia and Ukraine, they can be subject to the law of armed conflict. If their cyber-conduct amounts to “direct participation in hostilities”, they can even become targetable according to international humanitarian law. Also, when Anonymous directly participates in hostilities from a state that is not party to the armed conflict, the neutrality of non-belligerent countries can be challenged.
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China actively participated in the drafting of the United Nations Convention on Law of the Sea (UNCLOS) and ratified it in 1996. The domestic legal system of China also contains a set of laws such as the Law on the Territorial Sea and Contiguous Zone (1992), and the Law on the Exclusive Economic Zone (EEZ) and the Continental Shelf (1998).
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The year 2020 marked the 20th anniversary of the Palermo Convention and its Protocols, the main instruments in the fight against transnational crime. Both authors, one as an active participant in the Palermo system treaty-making and the other as a prosecutor passionate about human rights, revisit, rethink and sum up the first 20-year period after the creation of these important international instruments on organized crime and corruption. The following lines are a brief assessment of the central institutions and instruments relevant to universal criminal justice. A due reference is made to corruption, trafficking in human beings, migrant smuggling, and terrorism. The present text appeared in 1999 for the first time (in a considerably shorter form, as the working paper dealing only with the critical similarities and differences between ‘smuggling of’ and ‘trafficking in’) before the ICMPD Steering Board – Ministerial.
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In Srebrenica the crime of genocide was committed, and elsewhere in Bosnia and Herzegovina crimes against humanity and war crimes were also committed. This is the conclusion, which was drawn by the ICJ in the Bosnia and Herzegovina versus Serbia/Montenegro case. I, as a lawyer and as a person, share the criticism of the ICJ judgement in this case. The mass murders in Bosnia and Herzegovina of Muslims/Boshniacs went on for three years from the summer of 1992 until the Srebrenica massacre in the summer of 1995. Mass graves are still being discovered. It is no doubt that there were several ten thousands murdered in an organised way because they were Muslims/Boshniacs, in Srebrenica, in Prijedor, in Bijelina, Višegrad etc., with a clearly defined purpose (dolus specialis) to cleanse parts of Bosnia and Herzegovina of its Muslim population. Indeed, like "holocaust", which was also committed over several years, from 1939 to 1945 at different places, with the same purpose (dolus specialis) – to exterminate Jews from Germany and parts of Europe controlled by the Nazis. Surprisingly too many, the majority in the ICJ opted for a narrow interpretation of the Convention on Prevention and Punishment of Genocide drafted in special historic circumstances in the early years after 1945. There are thus good reasons to claim that the crime of genocide was not limited only to Srebrenica but occurred all over Bosnia and Herzegovina.
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