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Ukončení studené války a změny v globální politice po roce 1989 přinesly též proměny mezinárodního normativního systému, nenaplnila se však očekávání spojená s šířením myšlenek liberální demokracie, univerzalismu norem a posilování globálního vládnutí v čele s Organizací spojených národů (OSN).
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Zejména v souvislosti s vojenskou invazí v Afghánistánu a Iráku se na mezinárodní úrovni otevřela diskuse o dosahu lidskoprávní ochrany v ozbrojených konfliktech, tj. diskuse o tom, zda lidská práva jsou aplikovatelná pouze v době míru, zatímco v době války se uplatňují výlučně speciální normy humanitárního práva, a zda je stát povinován dodržovat lidská práva pouze teritoriálně, tj. na svém území, nebo též na území jiných států, na nichž dočasně vykonává část suverenity, například v průběhu okupace.
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Uplynulo 70 let od doby, kdy začaly krystalizovat myšlenky na stíhání německých válečných zločinců. Tyto úvahy předznamenaly velký zlom, který měl v nejbližších letech otřást dosavadními představami o roli jednotlivce v mezinárodním společenství a mezinárodním právu. Přestože regulace ozbrojených konfliktů nabývala své kontury už od druhé poloviny 19. století, je to teprve odkaz Norimberského tribunálu, dle něhož osoby porušující zásady vedení války nejsou jenom nemorální barbaři, ale také zločinci.
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U protekla dva desetljeća postojanja i djelovanja, Međunarodni kazneni sud za bivšu Jugoslaviju (u daljnjem tekstu: MKSJ) je, nema sumnje, premašio sva očekivanja svojih tvoraca. Što, ruku na srce, i nije bilo osobito teško jer tvorci nisu mnogo očekivali od suda koji su stvorili. Zapravo, nisu očekivali ništa. Sumnje da je MKSJ stvoren kao smokvin list koji je trebao pokriti i prikriti sramotu međunarodne zajednice zbog nespremnosti da zaustavi erupciju nasilja na Balkanu, pojavile su se odmah nakon njegova osnivanju u svibnju 1993., ali je trebalo proći gotovo deset godina da ih i ''službeno'' potvrdi osoba koja je, kao tadašnji veleposlanik SAD-a u UN-u, imala direktnu i značajnu ulogu u stvaranju MKSJ-a.
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The Srebrenica genocide committed in July 1995 by the Army of the Republika Srpska is the largest mass crime committed in Europe since the Holocaust in World War II. In their verdicts, the Srebrenica massacre was condemned as a crime of genocide by both the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice in a case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide. During the few days of the massacre after the fall of Srebrenica, which the United Nations Security Council, by its Resolution no. 819 of 16 April 1993 declared a protected zone, more than 8,000 Muslim men and boys were executed, while almost 30,000 women, children and elderly were forcibly expelled in a huge-scale ethnic cleansing campaign. Radovan Karadžić, a former politician who served as the President of Republika Srpska was in March 2019 convicted of genocide, crimes against humanity and war crimes. Earlier, in November 2017, the International Criminal Tribunal for the former Yugoslavia found the wartime commander of the Republika Srpska Army, Ratko Mladić, guilty and sentenced him to life in prison for genocide and crimes against humanity. The European Parliament has adopted several resolutions on Srebrenica. On the occasion of the 20th anniversary of the genocide in Srebrenica, the House of Representatives of the United States Congress unanimously adopted the Resolution on Srebrenica. On the occasion of the 25th anniversary of the Srebrenica genocide, the Unied States Congress adopted a Resolution condemning the genocide and other crimes against Bosniaks committed by Serb forces in Srebrenica in July 1995, and in May 2020 the European Parliament adopted a Resolution on the importance of European remembrance for the future of Europe. This paper will analyze the resolutions of the European Parliament on the Srebrenica commemoration, as well as other international sources on the crime of genocide committed in the UN protected zone in Srebrenica.
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Relying on a detailed reconstruction of the “nine days of hell”, as ICTY judges characterized the period after the fall of Srebrenica, the public discourse on the Srebrenica genocide is completely dominated by July 1995 topics. However, the representation of earlier periods in historiography, which refer to very dynamic events within Srebrenica during 1992, 1993 and 1994, also occupies a significant place on the scale of research on topics related to the genocide in Srebrenica. Several important books, scientific and professional papers have been published on these issues, in which, for the most part, documents of military units surrounding and attacking Srebrenica were used as basic source material, primarily documentation of the VRS Drina Corps and the Yugoslavian Užice Army Corps. Based on the cited literature and available documents related to the events in Srebrenica from the beginning of 1993, the paper will present a synthesis of the circumstances that preceded the adoption of Resolution 819 in the United Nations Security Council. Relying mainly on the available documentation of UNPROFOR and the United Nations, the aim of this paper is to clarify what the newly appointed safe zone status has essentially brought to this area. Also, the adoption of resolutions related to safe zones was preceded by a series of discussions in the Security Council, with special reference to the question of what these zones should be called. Safe havens, protected zones, demilitarized zones and ultimately safe areas, were some of the proposals and, each of the above terms implied substantial differences in the status of these areas. In this paper, we will try to explain the essential differences between all these names, and finally, offer explanations why the Security Council opted for this name - safe areas. The paper will analyze the main shortcomings of the mentioned resolutions and other documents of the Security Council, ambiguities on the demilitarization of Srebrenica and Žepa, insufficient presence of UN forces, as well as ambiguity of UNPROFOR’s mandate in this area.
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This article explores the transitional, post-transitional and strategic narratives about the wars in the former Yugoslavia, more specifically in Bosnia and Herzegovina. The criminal justice narrative created by the International Criminal Tribunal for the former Yugoslavia (ICTY) dominates the transitional narratives about the Yugoslav wars. It is not uncommon that both sides - the victims and the perpetrators – express dissatisfaction with the justice outcome depending on the verdict. Transitional narratives based on the criminal trials are expected to provide clarity on the distinction between “bad” and “good” guys; between perpetrators and victims; between the criminality of the perpetrating side and the response of the victim’s side. With the passage of time, all transitional narratives will be challenged by post-transitional narratives, launched by various societal and political actors for different reasons with specific objectives behind them. For example, the ruling post-conflict elites can decide to create a post-transitional narrative in which they will try to re-interpret or counter the existing transitional narratives with the goal to exonerate the policies of the predecessor regime that led to the violence by reintroducing the “politics of the past” into the “politics of the present” in the perusal of the still to be achieved political objectives of the predecessor regime. Using the example of the ICTY genocide judgments, this article will explore how its transitional narrative of genocide has been undermined by the post-transitional narratives launched by the Serbian post-conflict elites in the perusal of the unfulfilled strategic goals of the predecessor regimes.
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The Covid - 19 pandemic has generated a global health crisis, with profound implications for all areas of life, and the measures taken against it have been unprecedented challenges for all state authorities and the population. Justice has not been spared by the effects of the pandemic, restrictive measures taken all over the world, including at European Union level, have in many cases disrupted activity in this area, they infringed fundamental rights, caused procedural delays, affected procedural deadlines and led to the suspension or reduction of legal aid and public and community services. The measures have significantly affected international cooperation and also reconfigured the use of digital tools in the judiciary system. In this context, this article aims to provide an overview of the consequences of the Covid-19 pandemic on the judiciary system in the European Union in the light of the measures taken to combat its effects, using official information on the portals of national and European institutions.
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The 14th Banking and Financial Law Conference took place in Bucharest, Romania, on 15 April 2021, which I had the privilege of moderating. It seems that banking law has never faced such great challenges and all this can be done only with specialized lawyers very well trained in banking and financial field. A country that does not have banking guidance from its own team of elite specialists in banking law will not find the way to progress because it will not be able to identify the best solutions. For this purpose, a very important approach is the exchange of experience through conferences, working groups, research committees, the writing of studies, articles or the elaboration of re- search programs in this field.
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Triggered by the recent establishment of the U.S. Space Force, the concept of developing national space forces raises many questions concerning peace and humanity, which simultaneously contradict the guarantee of peace and safety. It is generally assumed that the militarization of outer space manifested by space forces would represent a symbol of the threatening power and dominance of space-faring nations. Considering outer space as a contemporary war zone, however, would legally represent a violation of the Outer Space Treaty, even though the treaty itself contains major loopholes legally allowing hostile extraterrestrial activities. The main purpose of this paper is to legally analyze the militarization of outer space from two contrasting perspectives: national security versus international crime against peace, where national predispositions that lead to the initiation of extraterrestrial wars of aggression are recognized as international crimes against peace, meaning that space forces would likely run afoul of international space law.
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Global water resource protection policy has, over time, undergone a constant process of transformation and adaptation, in the sense that it has faced a number of challenges and uncertainties dominated by economic, political, cultural, climatic and to solve the problems generated by humanity through the actions taken for its survival and wellbeing on earth. For its welfare there has been a substantial increase in civilization, for some states, and an accepted technological and scientific progress, but which over time have unbalanced and degraded the environment and especially there have been massive pollution of water resources. This material discusses general elements on the risks of water pollution with a summary classification of forms of pollution and a summary of the legal instruments governing the area in question, with a presentation of the risks to humanity and the environment in general. The protection against any forms of degradation and pollution of water resources is done by sustaining and streamlining the field with the involvement of all actors in the world, from the public to the private sector.
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On the basis of the reference literature and diplomatic sources, the author considers the plans and activities of the international community to end the war in the Republic of Bosnia and Herzegovina in the period from the Washington to the Dayton Peace Agreement. Special attention is devoted to the events that had influenced the change of former US policy and its more active engagement. The analysis of international diplomacy and attitudes of various countries towards the developments in the Republic of Bosnia and Herzegovina, pointed to the complexity of achieving a peace agreement for which the United States had to try out various strategies and seek different solutions, whereby a significant role was played by the situation at its inner-political scene. Author pays special attention to the events that paved the way for a peace agreement, as well as the military and political means that had played a key role in achieving peace. Based on the analysis of the provisions and implementation of the Dayton Peace Agreement, author believes it had ended the war, but did not allow the establishment of a functional state, because the ideologies that had caused the war continued to live and deepen the divisions in BiH society through propaganda and rhetoric. He believes that re-enabling normal life in Bosnia and Herzegovina requires the removal of these structures and the consequences that they have produced and continue to produce, which is why Bosnia and Herzegovina is waiting for support for its European path. He claims that it can only work if the democratic settings, if needed, be even imposed by the international community, which left the project of building the institutions unfinished. If the international community consistently supports this, author believes that the path of accession of Bosnia and Herzegovina to the modern European societies will be much shorter and much faster.
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Priručnik: Postupanje službi podrške i pravosuđa u predmetima nasilja u porodici tokom pandemije COVID-19: osvrt stručnjaka je publikacija koja je namijenjena stručnjacima u sistemu zaštite, nosiocima pravosudnih funkcija i policiji. U postupanju u predmetima nasilja u porodici ove službe su neraskidivo povezane i Priručnik to nedvojbeno pokazuje. Autori i autorice Priručnika u svojim tekstovima daju osvrt na izazove i nejasnoće u postupanju u slučajevima nasilja u porodici koju donose nerijetko neujednačene stručne prakse i tumačenja zakona. Priručnik daje doprinos stručnoj zajednici u cilju ujednačavanja praksi, postupanja u skladu sa zakonom, te adekvatnijem korištenju resursa u zaštiti osoba izloženih nasilju ali i sankcionisanju počinitelja.
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The paper focuses on the scope of the interim measures requested by persons under the jurisdiction of Council of Europe member states during a health crisis. The case law of the European Court of Human Rights shows three types of requests for interim measures. Given the large number of complaints concerning the violation of Article 3 of the European Convention on Human Rights relating to conditions of detention and ineffective measures to prevent the spread of Covid virus, many of the provisional measures concerned the same positive obligation of the State as the corresponding fund. Article 3, but also that of Article 5 of the European Convention. The second category of interim measures concerned variants of violation of Articles 8 and 9 of the European Convention, requiring action on compulsory vaccination schemes for certain categories of civil servants. Last but not least, the use of green certificates has been a concern for those who have decided to apply to the Strasbourg court for interim measures. The prudent position of the European Court of Human Rights was in line with the dynamics of restrictive measures imposed in the context of the health crisis at both international and national level. The balance between justified restrictions on the protection of collective interests and the failure to ensure the effective functioning of the essential systems of states and civil society in the medium and long term must be the mainstay of the main European and national human rights mechanisms.
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The crises generated by the Covid-19 pandemic have become a major problem in front of which the states have started to reflect their interests as well as possible. Developments in this area are aimed at deepening bilateral and multilateral cooperation in various areas affected by global crises. The dynamics of international relations were mainly due to the adaptation of regulations to changes in interdependent relations between states and the diversification of their concerns, including for contemporary challenges such as those given by pandemics. Instruments specific to public international law are brought into the spotlight in cases such as pandemic prevention, preparedness and response or in areas such as artificial intelligence or financial technologies. In the face of these challenges, public international law manifests its regulatory function. However, not all states react at the same rate. It is difficult to predict how and if this goal will be achieved, so we will follow the significant developments in the near future. To make this article we used a fundamental research method (directed for the purpose of knowledge) on the part of research that identifies relevant issues, with prospective ramifications and identification of features that promote the coherence of hypotheses. The notions we referred to will be exposed by using the most efficient methods, such as exploratory, descriptive but also explanatory.
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Terrorism, as one of the most serious types of crime, has been part of the criminal legislation norms for many years. Nevertheless, its escalation in the last 30 years has had an international impact on this phenomenon. It seems that terrorism is most dealt with in international law. This has led to the strengthening of criminal repression (prescribing stricter penalties) and an increase in the number of terrorist acts. As a result, in Bosnia and Herzegovina these acts are systemized as crimes against humanity and other values protected by international law, and are punishable by a maximum sentence (long-term imprisonment). Besides basic terrorist acts, a new form of terrorist activity, terrorism financing, was introduced in 2003 and four more types in 2010, public incitement to terrorist activities, terrorist recruitment, training for terrorist activities and organization of terrorist groups. Then, in 2014 participation of Bosnia and Herzegovina citizens in foreign terrorist activities was incriminated as a crime of illegal formation and joining of foreign paramilitary and para-police formations. In addition, there were more opportunities for effective evidence collection for these crimes through special investigative measures and financial investigations, as well as prevention of money laundering and terrorism financing. Therefore, it is clear that the legislator used the criminal law norms to improve the framework of terrorism response, which represents an evident threat and a form of security endangerment. On the other hand, there is the issue of the efficacy of the above mentioned criminal framework and how realistic its domains are when it comes to the fight against terrorism. For instance, if we consider the norms concerning public incitement to terrorism or terrorist recruitment, we will encounter problems which are already evident when it comes to complicity in criminal law. Likewise, there are many difficulties in proving one’s terrorist activities abroad (e.g. foreign terrorist fighters). This paper provides an overview of some of the abovementioned challenges of modern criminal legislation in dealing with this issue.
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Jurisdiction is the ability established by law in favor of an authority to resolve a particular dispute that arises between two or more subjects of law. Outside the courts, the settlement of disputes can be carried out by several jurisdictions, some national and others carried out by bodies with jurisdictional powers, this solution being imposed by the specialization of certain disputes but also by the relief of the courts.
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Interview with Irena Antić
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Interview with Vanessa Vasić-Janeković
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One of the components of the United Europe idea, according to its founders, is culture. The EU views the goal of maintaining cultural diversity as complementary to the goal of highlighting the common cultural legacy. Both of these objectives are more likely to be attained through intercultural conversation and the free movement and access to all cultures. Starting from diversity, the goal is to achieve a unity that does not, however, harm the original diversity, which is preserved. The European Union's motto, "United in Diversity," is a wonderful synthesis of this strategy.
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