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1

THE EVOLUTION OF THE NOTION GENOCIDE IN THE CONTEXT OF THE JURISDICTION OF THE NATIONAL COURTS

100%
Wierczynska K.
Polish Yearbook of International Law
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2008
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vol. 28
83-94
EN
In the article the authoress analyzes the Convention on the Prevention and Punishment of the Crime of Genocide in the work of national courts. National courts are not willing to deliver interpretations of the elements of the crime of genocide. In this question the judgements are rather superficial if compared with international rulings concerning the genocide. With few exceptions the courts based on the practice of international courts. Few exceptions which can be mentioned are: the question of 'destruction of the group' in the case of Jorgic, and the broaden definition of the national group elaborated by the Spanish courts. Prosecutions for the genocide by national courts are only a few, and this practice had little to contribute to the elements of the crime of genocide. The courts neither interpret the notion in the new terms nor even add some new interpretations to the practice of tribunals ad hoc. Suprisingly that international tribunals developed tha law of genocide although the domestic courts should be the courts of the first resort, what naturally means also the first 'source' of interpretation.Another fact which is worthy of note - is that national courts prosecute genocide on the base of universal jurisdiction, Spanish and German courts stated that art. VI of the Convention does not prevent the exercising of the universal jurisdiction. Almost 50 years ago in the case of Eichmann the District court of Jerusalem stated that determination of territorial jurisdiction is a compulsory minimum. According to the court, universal jurisdiction derives from the basic nature of the crime of genocide as a crime of utmost gravity under international law. In the authoress' view national courts should follow this standard. But maybe the most important development of the international law is connected in general with the prosecution of the crime of genocide in national and international courts and also with the dynamic interpretation of the said convention. Sixty years after the death of its author, Rafael Lemkin, the convention turned out to be a lively mechanism with the timeless value, which can be implemented to the situations created by the modern history.
2

Ściganie i karanie sprawców gwałtu i przemocy seksualnej podczas konfliktów zbrojnych po zakończeniu zimnej wojny

100%
Domagała A.
Wrocławskie Studia Politologiczne
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2011
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vol. 12
209-226
EN
The paper explores changing attitude of the international society to war rape and other sexual violence that took place in the armed conflicts after the end of the Cold War. The evolution from shameful misprision to dynamic efforts aiming at penalization of the crime of sexual violence is marked, firstly, by the statutes of the international tribunals (two ad hoc and one permanent) and, secondly, by judgments of these criminal courts. The crucial documents of tribunals (e.g.of cases Furundžija, Akayesu, Kunarac) constituted milestones on the way to punishing perpetrators of abhorrent sexual crimes. They reflect the process of preparing or even creating international law terms and instruments that have been necessary to prosecute and punish rapists and other violators. The effects are inter alia a progressive definition of rape, determination to prosecute perpetrators of the most massive and systematic crimes and recognising (under specific circumstances) sexual crime as crimes against humanity and genocide.
3

Doświadczenie zagłady i początki samoorganizacji niemieckich Sinti

88%
Kapralski S.
Studia Romologica
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2015
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vol. 8
55-72
EN
The article presents the genealogy of the process of self-organization of German Sinti in the context of the aftermath of the Nazi persecution of this group. The author points out the ambivalent construction of Sinti identity that has been developed in the course of the fight for compensation. It consists of the conviction of having been an integral part of the German society as well as the feeling of having been excluded from this society. This ambiguity is interpreted in terms of an anthropological model of double coding, in which identity is understood as a dynamic process of building the relations between the external and internal boundaries of the group. This model has been subsequently used in the description of the relations between Sinti and Roma.
4

ŽIDÉ V UHERSKÉM BRODĚ A KONEČNÉ ŘEŠENÍ ŽIDOVSKÉ OTÁZKY V OBDOBÍ PROTEKTORÁTU NA MORAVSKO-SLOVENSKÉM POMEZÍ

75%
Poláková M.
Studia Historica Nitriensia
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2016
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vol. 20
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issue 2
432 – 458
EN
In Uherský Brod, whose district boundary was several tens of kilometres, together with Slovakia, lived at the beginning of the Protectorate of about 600 Jews. Although about 50 people, who managed to emigrate legally, even so the majority of them continue to live in the Jewish part of the city, which in year 1942 became a forcible refuge for forced nearly 3 thousand people benefiting Jewish faith in southeast Moravia. Some local Jews began from the spring of 1939 to work with the active resistance movement components, as with the defence of the nation at converting across the Slovak border, as well as with the illegal Communist Party of Czechoslovakia, which they provide financial means. Jewish cemetery was destroyed, and so was lit synagogue from the 18th century. In January 1943, pursuant to a subpoena 2,837 Jews arrived with 50 kg of luggage into the building of the local grammar school. From there the journey went in three groups after about 1,000 people on 23, 27 and 31. 1. 1943 by stairs to the nearby train station and then through Terezin to Auschwitz.
5
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Problem Zagłady w ujęciu Giorgio Agambena

75%
Miniszewski M.
Archeus. Studia z bioetyki i antropologii filozoficznej
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2011
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vol. 12
235-257
EN
In my paper I present Giorgio Agamben’s critical approach to state of emergency which is the paradigm of modern politics. Concentration camps are a special case of State of Emergency as areas where, by law, the rules of law are not applicable anymore. It causes a paradoxical situation which allows for the exclusion of people placed in camps from any order of rules of law. Agamben writes that the process of formation of concentration camps lasted throughout all the Western Civilization. The instance of excluding (bando) and its manifestation as concentration camps is constitutive for this process. This generates a contaminated notion of “Bandit” (bandito) and “Outlaw” (bannitus) in one. This conceptual conjunction causes political indistinguishability of excluded human being from an ordinary criminal because of his political or biological uselessness. Agamben’s considerations lead to the conclusion that formation of State of Emergency in an area of political state is an attempt to reconstruct “State of Nature” within Hobbes’ understanding. This is possible because of ambivalence of human life understood as Political Life (βιοc) and Biological Life (ζωή) – this division originates from Ancient Greece. Agamben calls the procedure of splitting “The Antropological Machine”. Agambenian analyses are for me a starting point not only for reflection upon events of mass extermination, but, in the first place, for a critical approach towards the colonial era which allowed for mass extermination in the modern era at all, but first authorizing itself within ideological concepts of Western civilization, and legitimizing itself by means of Western civilization.
6

ZVODNÁ TVÁR NEĽUDSKOSTI

75%
Hrabovský M.
Filozofia (Philosophy)
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2016
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vol. 71
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issue 3
231 – 239
EN
Despite our growing knowledge about the mass killings and genocides, we are still uncomfortable with the fact that these mass killings were committed by ordinary, decent, normal, and even everyday people. Inhumanity is often seen as an overcome with extreme ideology or falling into the “animal” part of human being, but it is rather a consequence of an uncritical subordination to a false authority, and the desire to build a personal or national „Paradise“ at the expense of the suffering of the others. On the other hand, there are studies that examine the characteristics of the people who stood against the inhumanity and rescued Jews during the Holocaust. These people expressed so called “banal heroism” and their characteristics paradoxically contradict the ideal and obedient citizen. This study will therefore focus on criticism of „normality“ rather than on criticism of the extreme ideologies.
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