IMPERATIVE OBLIGATION OF STATUS ENSURING THE HUMAN SECURITY AT THE NATIONAL LEVEL IN THE LIGHT OF MILITARY INTERVENTION – RELATED PROVISIONS UNDER THE INTERNATIONAL LAW

Author(s): Vitalie Gamurari,Corneliu Gușanu / Language(s): English Issue: 2/2020

The concept of international security in the context of modern international law defines literally the trends of its development and codification. Or, today, not only the segment of state sovereignty has been emphasized, but also the segment of human security, which has to be strictly regulated in respect of the international law and to not be doubtful in this sense. Moreover, the segment of restoring the society degraded after a military intervention perfectly authorized from the international law point of view.

Dejtonska i postdejtonska koncepcija upravne vlasti Bosne i Hercegovine – dvadeset i pet godina nakon Dejtonskog mirovnog sporazuma

Author(s): Nevenko Vranješ / Language(s): Bosnian Issue: 20/2020

The Dayton Peace Agreement of 1995 established today’s Bosnia and Herzegovina as a multiple, complex, specific, and unique state with international legal subjectivity with regard to state law, constitutional law, and administrative law. As a result, the form of socio-political order such as it exists in Bosnia and Herzegovina is unknown in modern political systems. From the initial minimum competences granted to state-level institutions as regulated by the Dayton Constitution, there have been, over the course of twenty-five years, significant amendments made in this respect. With the intervention of the Office of the High Representative (OHR) into the constitutional and legal framework, and, to a lesser extent, by consensual transfer of jurisdiction from the entity level to the state level, administrative capacities of Bosnia and Herzegovina have been strengthened in organisational and functional terms, thus significantly derogating the respective administrative authority of the entities of the Republic of Srpska and the Federation of Bosnia and Herzegovina. This is accompanied by strong hyperinflation of the administrative bodies and organisations at the state level, mostly of unstable legitimacy, which, along with the existence of administrative structures at the remaining thirteen levels of government, classifies the post-Dayton Bosnia and Herzegovina as a complex, segmented, and dysfunctional state. The subject of this paper is an analysis of the Dayton and post-Dayton conceptions of the administrative power of Bosnia and Herzegovina twenty five years since its establishment. The paper, using methods of qualitative analysis of legal acts, legal exegesis, as well ascomparative and axiological methods, and relying on the theories and conceptions of the distribution of competences in a complex state, seeks to present the Dayton and post-Dayton conceptions of the administrative power in Bosnia and Herzegovina from a twenty-five year distance. The basic research hypothesis is that states with complex organisational structure, such as Bosnia and Herzegovina, require decentralised organisational and material structures in the executive branch both from the aspect of functionality and economy and the aspect of their sustainability.

GENOCID – OD FARAONA DO SREBRENICE

Author(s): Izet Čamdžić / Language(s): Bosnian Issue: 86/2021

The term genocide is often a subject of disagreements regarding its definition making its usage popular in common language. As such it is being used in a form much stronger than it is actually defined by the international law. Thus it became a subject of moral rather than legal condemnation: to characterise some action as genocidal it means to express one’s particularly strong moral condemnation and abhorrence of that act. In this article the author presents definitions of genocide as well as the Qur’anic view wherein the different levels of accountability for such acts are explicated. The article particularly stresses the topic of planning and executing the genocide committed over Bosniaks in Eastern Bosnia in 1995.

INFORMATION AND COMMUNICATIONS TECHNOLOGY AS A TOOL TO SUBSTITUTE IN-PERSON VISITS IN THE SERBIAN PRISON SYSTEM DURING THE COVID-19 RESTRICTIVE MEASURES

Author(s): Milica Kolaković-Bojović / Language(s): English Issue: Supp. 1/2021

In an attempt to properly address one of the greatest challenges for prison administrations around the world facing Covid-19, namely, to ensure regular communication between the inmates and their families, the Serbian Penal Administration, supported by German NGO Help e.V, procured the ICT equipment aimed at substituting the in-person visits. The author decided to assess the impact of this pilot project on the right of inmates to communicate with their family members, exploring their attitudes and the attitudes of professionals/prison staff that work with them, to get both perspectives. The results of the research showed that the online communication ensured through the pilot project has significantly contributed to preserving contacts and family relations in the changing environment of the Covid-19 restrictive measures, although it cannot completely replace family visits based on, in-person contact. However, the research also led to some of the remaining obstacles to a wider application of this, substitutive approach, among others, concerning the lack of IT literacy and the both of inmates and their family members, and to the life in poverty and/or in remote country areas. Additionally, this research identified a remaining need for further financial investment in the IT equipment to ensure adequate frequency and duration of communication, but also the need to revise/upgrade an existing treatment approach to integrating modern technologies/IT literacy as tools to contribute to the effectiveness of inmates’ reintegration.

What Happened to Transitional Justice in Croatia after the EU Accession?

Author(s): Lina Strupinskienė,Simona Vaškevičiūtė / Language(s): English Issue: 1(101)/2021

This paper proposes to see Croatia’s becoming a member state of the European Union in 2013 as a particular critical juncture that created uncertainty over the type of decisions the government would take in the field of transitional justice once international pressure had stopped. It compares the period before and after the accession by looking into the three elements of transitional justice policy that were given priority by the EU conditionality framework – fighting impunity for war crimes, fostering reconciliation and respect for and protection of minority rights. It finds that all three have deteriorated in the post-accession period. On the one hand, the findings illustrate the power of international pressure, but on the other hand, they question the overall effectiveness of the conditionality policy, as it seems to not have affected deeper societal issues at stake and has not resulted in true transformation.

Međusobna izvinjenja Srbije i Hrvatske: uzroci i efekti izvinjenja i razlozi njihovog ograničenog uticaja

Author(s): Milan Krstić / Language(s): Serbian Issue: 2/2021

This paper analyzes the apologies of Serbian officials to Croatia, as well as the apologies of Croatian officials to Serbia in the previous two decades. The paper explains why certain officials of Serbia and Croatia apologized to the other side, as well as how successful they were in that in the short and long term. The basic thesis of this paper is that apologies were sent primarily to achieve a positive impression on the international and European public and that the worldview and perception of individuals who held vital positions had a significant influence on the apology. Also, the paper claims that the apology's effectiveness was very limited, primarily because the domestic political circumstances in the countries whose bosses sent these apologies did not leave the impression that these apologies were sincere and given on behalf of the whole society.

Ogólnopolska konferencja naukowa „Problemy teorii i praktyki tworzenia prawa w Polsce. Konferencja poświęcona pamięci Doktora Macieja Kłodawskiego”, Szczecin, 14 maja 2021 roku

Author(s): Paweł M. Nowotko / Language(s): Polish Issue: 35 (3)/2021

The Puzzle of Punitive Memory Laws: New Insights into the Origins and Scope of Punitive Memory Laws

Author(s): Igor Lyubashenko,Christian Garuka,Grażyna Baranowska,Vjeran Pavlaković,Klaus Bachmann / Language(s): English Issue: 04/2021

In recent years and decades, authoritarian regimes and illiberal democracies have passed and enforced punitive memory laws, intending to ban certain interpretations of past events or sheltering official versions of history against challenges. This comes as no surprise in countries whose governments undermine pluralism and assume the existence of a historical truth that is stable over time, invariable, and self-explanatory. But why do liberal democracies, committed to political pluralism and open debate, pass laws that penalize challenges to certain interpretations of the past and restrict freedom of speech? This article argues that liberal democracies may do so yielding to bottom–up pressure by courts and to regulate civil law disputes for which existing legislation and jurisprudence may not suffice. Based on case studies from Germany, France, Switzerland, Poland, Ukraine, Russia, Turkey, Rwanda, and the former Yugoslavia, we also found punitive memory laws in liberal democracies narrower and more precise than in nonliberal states.

ПРОИЗХОДЪТ НА REGULAE IURIS: МАКСИМАТА “PACTA SUNT SERVANDA”

Author(s): María Etelvina De las Casas León / Language(s): Bulgarian Issue: 1/2021

The jurists of the late Republican period, under the influence of the Greek dialectics, formulated certain principles or rules across the generalization of decisions to which they had come across the study of particular cases. They were trying to solve the cases that were appearing ignoring any type of rules or rather without knowing that across some of these decisions they were constructing rules that would come to the present day. Along this work there will be studied the origin and evolution of the roman regulae iuris, where the jurists, without realizing elaborated a corpus of rules that have been and are used not only for the juridical classifications of the Civil Law, but also of the Common Law.

OBLIGATIO, SOLUTIO, SATISFACTIO ET PROBATIO

Author(s): Maria Lurdez Martines De Morentin / Language(s): Bulgarian Issue: 1/2021

Starting from a general vision of Roman law regarding obligations, this article analyzes the relationship between the exact fulfillment of the former and the creditor satisfaction. In addition, based on the sources, some personal reflections are made as for the procedural claim in case of non-compliance, the payment made after the litis contestatio, and a review of the means of proof in the Roman private process in the Italian doctrine.

SULLA CONDIZIONE GIURIDICA DEI „CAPTI A PIRATIS“ FRA TESTIMONIANZE LETTERARIE E GIURIDICHE

Author(s): Linda De Maddalena / Language(s): Italian Issue: 2/2021

What was the legal status of those who were captured by pirates? Certainly not the servile one, as emerges from the texts of Ulpianus (D. 49.15.24) and Paulus (D. 49.15.19.2). However, the fact that the prisoners were frequently sold as slaves by pirates in the markets raises numerous legal questions about their actual status libertatis. The deplorable phenomenon of the sale of free men ‘capti a piratis’ is also in literary sources and it is in the light of these testimonies that I try to provide a contribution to the study of the ‘de facto slavery’ of prisoners of the marauders of the sea.

ROMA CONTRA PIRATAS

Author(s): Velina Stoyanova / Language(s): English Issue: 2/2021

This paper examines some of the legal perspectives of Rome’s fight against piracy. The main objectives of the study are to touch upon the notion of piracy in Republican Rome and the actions that were taken by the State against these „sea bandits“.

The role of gender in genocide

Author(s): Amila Husić / Language(s): English Issue: 12/2021

Genocide - the crime above all crimes - is the act of deliberately and systematically destroying a group of people because of their ethnicity, nationality, religion, or race. However, other identities of members of the victimized group, in addition to those already stated, also play a role in the targeted victimization, as well as the perpetration of genocide. One of those key identities is gender as one of the primary social constructs with which all people identify, in various forms. This article explores the role of the gender of victims of genocide, considering it an important element, especially in the indirect identification of genocidal intent. The paper also explores the phenomenon of 'gendercide' and specific forms of genocide against women, such as rape as a form of genocidal act, and other manifestations of systematic and comprehensive sexual violence committed with the genocidal intent. In light of the genocide in the Srebrenica area, in addition to the obvious Bosniak or Muslim identity, as the key element of genocide, it is undeniable that the victims shared another common identity - gender. The killing of members of the group, as the first actus reus of genocide as defined in the Genocide Convention, in the Srebrenica area in July 1995, was mostly aimed at men of combat age, in an attempt to wipe out the Bosniak ethnic community by physically eliminating their male members. Other actions from the conventional definition of this crime were largely directed and performed against the female members of the targeted community. In addition, this also examines the forcible transfer of members of a group (with genocidal intent) as an act of genocide. Although less obvious than other elements of ethnicity, gender plays an important role in ethnic identity. Gender categorization in acts of genocide is not an exclusive feature of the Srebrenica genocide, rather a common feature in other genocide cases.

Pursuit for Justice: Voices and Perceptions on Justice of Victims of Genocide

Author(s): Marijana Toma / Language(s): English Issue: 12/2021

The genocide in Srebrenica stands out as a unique crime committed during the wars in former Yugoslavia, above all because it is the only one international legal bodies have defined as genocide but also because it is the final culmination of all operations undertaken against the population of Bosnia and Herzegovina from April 1992 onwards. This paper examines the perceptions of survivors and victims of genocide on justice in particular in the moment when the revision of established facts has gained momentum in recent years.

European Approach to (Mis) Understanding of the Genocide against Bosniaks

Author(s): Rasim Muratović / Language(s): English Issue: 9/2020

Genocide in Bosnia and Herzegovina is one in a series of genocides in the recent history of world civilization in the bloody mirror of ideological pogrom and state-organized evil, with which politics, science and philosophy are still unable or unwilling to radically deal with in a humanly meaningful and life-promising way. The common phrase “never to be repeated”, this contextual-declarative mantra, inevitable during the increasingly rare antifascist anniversaries and ceremonies, thus appears as an expression of moral hypocrisy, political inconsistency and irresponsibility of world powers. Thanks to this inconsistency and this irresponsibility, the specter of Auschwitz resurrected, even in the same historical second, quite undisturbed in (to make the paradox bigger) the UN security zone of Srebrenica, in July 1995. The common-sense question is: what has been done and committed in unprotected - unsafe zones throughout Bosnia and Herzegovina? The answer is, of course, nothing that has already been shown in both image and tone around the world. Rarely have any previous perpetrators of genocide announced and committed their crimes as triumphantly as the one in Srebrenica. None of the earlier perpetrators in the long history of genocide is as proud of that civilizational shame as the perpetrators of the genocide in Srebrenica do. Despite the obviousness and court rulings, genocide is persistently, publicly and with impunity denied and affirmed. The genocide against Bosniaks in Srebrenica, even after the court verdicts, does not mean to some what it should mean humanely and independently of any verdict: the reason for unquestionable condemnation and outrage! But not! They relativize guilt and hypocritically hint at justifying reasons for the cowardly passivity and restraint of the international community during and after the aggression against the Republic of Bosnia and Herzegovina and the genocide against Bosniaks. The genocide of Bosniaks, like everything that happened in Bosnia from 1992 to 1995, was a rehearsal for asking falsely worrying questions later and a rehearsal for the establishment of a new international order in the 21st century. Even though it all happened in almost one day, we still had to wait years to realize that the genocide in the UN security zone of Srebrenica, in July 1995, was not committed suddenly and without the knowledge of the most powerful in the world. The blood of innocent residents of Srebrenica and Bosniaks in general has not only soiled the hands of Chetnik killers, but equally those who sat in all, especially European capitals. Does this civilization live and reside in anything other than fear, injustice and tyranny? Is that her way of life? Are these her best achievements? Is civilization as uncivilized as it was then, looking motionless at Srebrenica, but also at Sarajevo, Foča, Višegrad, Zvornik, Vlasenica, Bijeljina, Brčko, Prijedor, Ključ, Sanski Most? Twentyfive years after the genocide committed in Srebrenica, in the territory of the United Nations safe zone, in July 1995, the consequences of the crime of genocide among survivors are evident, manifesting themselves in important aspects of human and social existence, individual and social life. Twenty-five years after the genocide committed in the territory of the United Nations safe zone in Srebrenica in July 1995, it is of special importance to strengthen and support those who survived the genocide. Aware of the systematically nurtured darkness that would hide the truth of genocide during the so-called “civil war” in Bosnia, despite all efforts to suppress it in a lobbying manner, the real truth about the aggression against the Republic of Bosnia and Herzegovina lives on in the works of analytically serious researchers. They think for themselves, use the logic and language of historical facts, and stand up against evil and side with the victim (in the legal sense of the word) and their right to historical and human justice. It gives hope. “Judging by the evil that the grandchildren of homo sapiens committed in the 20th century, we have nothing to hope for after 2000. Judging by the hope that faith in God teaches us, even after 2000, there will be many people who will die a natural death.”

Some Legal Issues in the Dispute Between Bosnia and Herzegovina and Serbia, for Violating the Convention on the Prevention and Punishment of the Crime of Genocide

Author(s): Sakib Softić / Language(s): English Issue: 9/2020

This paper deals with issues related to the legal dispute between Bosnia and Herzegovina and Serbia related to the violation of the Convention on the Prevention and Punishment of the Crime of Genocide. The dispute attracted a lot of media attention. Much has been said and written about it, but by the media and politicians. Lawyers in Bosnia and Herzegovina have ignored this legal issue. It is true that the dispute lasted a long time, and that a huge amount of evidence was used and that the legal practice of other legal traditions prevailed. Additionally, the dispute was not conducted in our mother tongue. But, is all this together a sufficient justification for ignoring one such historical legal event? In this text, the author tries to briefly describe and explain the basic issues that were the subject of the dispute. To describe and explain how Bosnia and Herzegovina sought to prove its own claims of what it succeeded in and what it did not in addition to taking its own legal views on the subject legal issues.

SOME REMARKS ON THE ISSUES OF THE CONSEQUENCES OF WAR RAPE ON THE EXAMPLE OF BOSNIA AND HERZEGOVINA

Author(s): Katarzyna Czeszejko-Sochacka / Language(s): English Issue: 01/2022

The civil war in Bosnia and Herzegovina was one of the bloodiest armed conflicts after the end of the Second World War. Despite the passage of years, it is still a painful part of reality for a large group of the country's population. During the war, human rights were violated in the form of ethnic cleansing, murders, and so-called genocidal rapes. Women who were raped face social stigma to this day. According to conservative estimates, approx. 4000 children were born as a result of rapes. Today, the adult generation of "children of shame" experiences social ostracism in almost all spheres of life. Their situation is affected by the fact that they are not recognized as "victims of war" under the current regulations. This situation is slowly beginning to change, but it is a long-term process that requires intensified efforts not only in Bosnia and Herzegovina, but also in the international arena.

Werl Prison and the British Approach to Military Justice in Germany, 1945–1958

Author(s): Connor Sebestyen / Language(s): English Issue: 1/2022

This paper examines how the British Military Government treated German war criminals in custody, from the time of their sentencing in Royal Warrant courts to the time of their final release through mass amnesties by 1958. The British attempted to draw attention away from the imprisonment of war criminals, which was deeply unpopular amongst Germans, by treating them like ordinary common law criminals and having German warders guard them. The British came to deeply regret this system, as it undermined their public relations strategy and jeopardised security.

Gabriel N. Finder, Alexander Prusin, Justice behind the Iron Curtain: Nazis on Trial in Communist Poland

Author(s): Katarzyna Person / Language(s): Polish Issue: 17/2021

Review of: Katarzyna Person - Gabriel N. Finder, Alexander Prusin, Justice behind the Iron Curtain: Nazis on Trial in Communist Poland, Toronto: University of Toronto Press, 2018, 377 s. Katarzyna Person - Andrew Kornbluth, The August Trials: The Holocaust and Postwar Justice in Poland, Cambridge: Harvard University Press, 2021, 352 s.

PROPRIETAS, POSSESSIO И ACTIO PUBLICIANA

Author(s): Margarita Fuenteseca / Language(s): Bulgarian Issue: 1/2022

The author assumes that the organization of the family group is a priority topic for understanding the history of ownership. Dominus is mentioned in connection with domus, from which derives the concept of dominium (as power), which was transformed into the meaning of property at the end of the Republic. The domus is the main axis of the family community (familia) as a community of people organized under the authority of the paterfamilias and as a property community.