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EN
Contrary to popular expectations, armed conflicts persisted after the end of World War II. Some countries are fighting for independence, others for influence, and others are experiencing civil wars. This is determined by cultural, ethnic and religious differences. The modern world is tormented by many conflicts which, despite their regional scope, have an impact on the political and military situation on the entire globe. The functioning of formal borders that do not coincide with national borders, the low sense of nationality compared to ethnicity, poverty and political instability are also conducive to the use of terrorist methods. Terrorism is almost as old as civilisation. However, unlike in the past, today’s terrorists use violence on an unprecedented scale. Terrorism in many cases shows its regional specificity, varying according to the cultural and civilisation area in which it occurs. Reasons for resorting to terrorist methods may be a need for freedom, protection of one’s heritage, sense of harm done by the occupier, a need to express dissatisfaction with the political system or changes being made, or, finally, a mere desire to draw attention to the problems of countries and societies that have not yet been noticed or have been ignored by public opinion. Religion is also a frequent reason for resorting to terrorism. Contemporary terrorism is represented mainly by extremist Islamic fundamentalism and is based on the clash of two cultures. It is a global threat, and anyone can become its potential victim today. Numerous signals of the emergence of new, hitherto unknown organisations prove that in the future, unfortunately, the escalation of the phenomenon will have to be taken into account.
EN
The article discusses elements of criminal offence called participation in combat activities of organized armed group on the territory of other State. In its first part, new criminal terminology is clarified, especially with regards to concepts of “organized armed group”, “direct participation in combat activities” and “war”. The second part identifies the weaknesses of the elements of criminal offence in question, consisting in two aspects: insufficiently settled meaning of certain concepts and their application by relevant bodies acting in the criminal proceedings and by judicial bodies within the factual legal environment of contemporary armed conflicts. This part of the article further analyses mutual relation between the criminal offence of active participation in combat activities of organized armed group and terrorism as a crime recognized by the Criminal code and as a threat to international peace and security within international legal environment. The article tries to answer the question whether qualification of direct participation in combat activities of organized armed group as a criminal offence was a necessary measure and in this regard provides a brief analysis of levant legal norms and related draft legislation that is proposed to be adopted within the legal order of Czech Republic. The article concludes with author’s opinion that it seems to be more suitable to prosecute individuals for particular acts that violate certain provisions of the Criminal code, whether they occur during an armed conflict or not.
SK
Článok pojednáva o novej právnej úprave skutkovej podstaty trestného činu účasti na bojovej činnosti organizovanej ozbrojenej skupiny na území iného štátu.V jeho prvej časti je ozrejmený význam terminológie, s ktorou pracuje uvedená skutková podstata, a to rozborom pojmov „organizovaná ozbrojená skupina“, „aktívne podieľanie sa na bojovej činnosti (organizovanej ozbrojenej skupiny)“ a „vojna“. Druhá časť identifikuje slabiny skutkovej podstaty spočívajúce predovšetkým v nedostatočne ustálenom význame niektorých použitých pojmov a v ich sťaženej aplikácií s ohľadom na reálie súčasných ozbrojených konfliktov. V tejto časti je zároveň analyzovaný vzájomný vzťah predmetného trestného činu k trestným činom terorizmu podľa Trestného zákona, respektive k aktom terorizmu, ktoré sú Bezpečnostnou radou OSN dlhodobo vyhodnocované ako hrozba pre medzinárodný mier a bezpečnosť. Článok polemizuje nad potrebou uzákonenia postihu účasti na bojovej činnosti organizovanej ozbrojenej skupiny v (cudzom) ozbrojenom konflikte, zamýšľa sa nad jeho prínosom pre slovenskú právnu úpravu a v tomto smere, pre účely komparácie, venuje pozornosť českej právnej úprave a súvisiacim aktuálnym legislatívnym aktivitám. V závere sa prikláňa ku konštatovaniu, že vhodnejším nástrojom represie sa javí jednotlivcov stíhať za konkrétne skutky, ktorých sa dopustia v čase ozbrojeného konfliktu, ak sú tieto trestnými podľa konkrétnych ustanovení Trestného zákona.
PL
How do we understand the armed conflict in Eastern Ukraine and what are its implications for Ukraine’s domestic politics as well as for stability in the region? The media, policymakers, and political analysts have used several competing narratives to explain the armed conflict in Eastern Ukraine. This paper examines three competing narratives of the armed conflict. The first narrative focuses on domestic causes of the conflict; the second narrative examines the role of Russia in the insurgency; and the third narrative describes the conflict as a result of Western policies and interference.
EN
The protection of historic properties in case of an armed conflict and crisis situations should be a part of public tasks. The fundamental act regulating the issue of the historic buildings preservation in Poland is the Act of 23 July 2003 on the protection of monuments and the care of historical monuments. In terms of the monuments protection in case of danger, the managers of the organisational units, and bodies preparing monuments protection plans or employees authorized by them are responsible for the organisation, co-ordination, and directing of the preparatory work. In turn, the heritage preservation plans are an integral part of the civil defence plans and are the subject to the annual update.
EN
The paper deals with internal conflicts, their internationalisation and a hybrid war. In the 1990s many military conflicts could have been regarded as domestic conflicts or internationalised internal conflicts. According to the authors internationalised internal conflicts and a hybrid war have much in common. The purpose of the paper is to compare and confront distinctive characteristics of internationalised internal conflicts with the model of hybrid war. The authors scrutinize definitions of an internal, domestic conflict and a hybrid war, and the possibilities and likelihood of their occurrence. Finally the issue is analysed in terms of international public law. ‘Hybrid war’ is a term not defined in public international law. However it is commonly used not only by media and politicians, but also by academics in a sci- entific discourse. A question arises to what extent it is justified to use a term in the context of different military conflicts, like for instance the one in the East Ukraine that has been going on since 2015. Therefore it is necessary to explain what the term ‘hybrid war’ means. In order to do so, it is necessary to try to define the term. Its distinctive characteristics must be indicated. Then, many military conflicts will be analysed to determine whether they satisfy the requirements for qualifying them as a ‘hybrid war’ or an internationalised internal conflict. The research leads to a conclusion that an internationalised internal conflict gives many opportunities for applying to it methods characteristic of a hybrid war. In the course of an internationalised internal conflict there are many ways in which the aggressor can evade international liability and the authors attempt to answer how to prevent this.
Studia Ełckie
|
2016
|
vol. 18
|
issue 4
419 - 430
EN
The article addresses the issue of peace in the world, particularly through an appeal to care for all those who suffer from armed conflicts and who, for this and other reasons, decide to leave their homes. The involvement of the Catholic Church in providing help to the victims of armed conflicts is the sub-ject of the article, in which, on the basis of the support provided for families in Ukraine and evacuated to Poland, the author attempts to demonstrate the prac-tical dimension of the Church teaching on this subject. The paper analyses the biblical guidance concerning aid to newcomers and foreigners, and the teaching of the Catholic Church on refugees and migrants. An appeal addressed to Catholics to support those harmed by armed conflicts in their home country and all migrants and refugees is presented. The article shows how the appeal de-rived from the Catholic teaching is implemented in practice by helping the sufferers from Ukraine. The aid to the persons evacuated from Donbas pro-vided at the first stage of their adaptation to Poland by Caritas of the Warmian Archdiocese is analysed in detail.
EN
The paper is presenting the examination of the cyberwarfare phenomenon in its legal context. The cyberattacks are increasingly effective measures of modern combat and would probably become the most crucial dimension of forthcoming armed conflict. The role of the international humanitarian law is to determine whenever the cyberattack is reaching the threshold of an armed conflict. The aim of the article is to present the existing framework of ius in bello in terms of its temporal scope of applicability, especially in the light of the Tallinn Manual on the International Law Applicable to Cyber Warfare. It supported conclusion that the international law requires an revision of the armed conflict definition to sufficiently addressed the challenges arising from growing cyber activity.
EN
In the first part of the article I describe the history of Chechen–Russian conflicts from the 18th c. to the middle of the 20th c. From the 16th century when tsar Ivan Grozny (meaning ‘Terrible’) ruled Russia regarded Caucasus as a buffer between the then Ottoman Turkey and Persia. As part of the long-advancing Russian fortified line, Grozny was founded as a fortress in 1818. Three Russian tsars sparked the war: Alexander I, Nicholas I and Alexander II. The leading Russian commanders in the Northern Caucasus were Aleksey Yermolov in 1816–1827 and Mikhail Vorontsow in 1844–1853. Between 1825-1833 there was little activity since Russia was engaged in wars against Turkey and Persia. After considerable successes in both wars, Russia resumed activity in the Caucasus. The Caucasian War of 1817–1864, also known as the Russian conquest of the Caucasus was an invasion of the Caucasus by the Russian Empire. The Russian invasion was met with fierce resistance led by Ghazi Muhammad, Gamzat-bek and Avar Imam Shamil who led the mountaineers from 1834 until 1859. Warfare in the Caucasus finally ended between 1856-1859 when the Russian army broke down the mountaineers’ resistance. The Caucasian War ended with Russia conquering the North Caucasus and Chechen people were removed into the Ottoman Empire. Chechen rebellions took place during the Russian-Turkish War, the Russian Revolution of 1905 and 1917 and Russian Civil War and during Collectivization. Under Soviet rule, Chechnya was combined with Ingushetia to form the autonomous republic of Chechen-Ingushetia in 1930. During World War II Stalin accused Chechens of collaboration with the Nazis. In 1944 Chechen and Ingush population of the republic were deported to Kazakhstan, Kyrgyzstan and Siberia. The Chechens were allowed to return to their homeland in 1957 after Stalin’s death. In the second part of my article I describe difficult life of Chechen people during Soviet time. This part of the article is based on the stories of Chechen refugees.
EN
The aim of the article is to point out that medieval thinkers, when referring to holy wars or just (righteous) wars, did not seek to justify armed conflicts. The authors hereof claim that the activities of philosophers of the Middle Ages were aimed at restricting armed conflicts and focused on making the hostilities more humanitarian. Therefore, a “just war” was a war guarded by a number of preconditions which constituted a mandatory condition. The idea of a just war was rooted in the biblical tradition (mainly in the New Testament) and in the ancient legal thought. The medieval concept of war affected, among other things, the formation of the knight’s ethos and habits of war.
EN
The aim of the research presented in the article is both to describe and analyse the problem of use of the anti-personnel mines in armed conflicts and the subsequent effects that landmines, in particular anti-personnel mines, have on human health and life. The article discusses a number of problems to solve related to the land mine use long after the end of the armed conflict. The basic source of knowledge concerning legal regulations determining the use of anti-personnel mines are international conventions. In Polish scientific literature, it is difficult to find materials that contain, apart from the contents of the documents themselves, comments and interpretations on the application of international law. In order to explore the above-mentioned issues, it was necessary to make use of the studies of international organizations. The issue of anti-personnel landmine threat and the support to their victims is widely presented in the work of the International Committee of the Red Cross (ICRC), the International Campaign to Ban Landmines (ICBL), human rights organizations, and others.
EN
This paper presents selected conclusions related to the theoretical underpinnings of international humanitarian law, with special focus on the understanding of considerations of humanity and the dictates of public conscience (the Martens clause) and their impact on the regulation of lethal autonomous weapons systems. Despite the fact that different positions can be found in the doctrine, it is argued herein that the general principles of international humanitarian law are not sufficient to properly regulate the disruptive military technologies (new means and methods of warfare) and a new international norm is needed. Consequently, the paper agglomerates extra-legal and cross-cutting arguments stemming from other normative regimes that point to prioritization of the value of human life and the role and quality of the human factor in decision-making procedures relating to the health and life of victims of modern armed conflicts, which should be incorporated in it.
EN
The goal of the article is to examine if in international public law there is the prohibition of the use of chemical weapons during internal armed conflicts. The first part of the article deals with the previous regulations on the chemical weapons. Secondly, the Chemical Weapons Convention is discussed in relation to the scope of the prohibition. Then, the UN Security Council Resolution 2118 upon the Syrian conflict should be analyzed. Finally, the scope of the prohibition is related to the terms ‘war’ and ‘armed conflict’. The conclusions drawn from the abovementioned analyses depict that there is the strong need for an extension of the existing prohibition; however, no legal act has established it for now.
13
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Mediation in armed conflict

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EN
Mediation is one of the most commonly used methods for solving armed conflicts due to its flexibility allowing parties to freely decide about their participation in the mediation, the choice of a mediator, and accepting or rejecting the conditions of conflict resolution established during the mediation process. The article looks at various approaches to mediation, leading to an indication of the nature and attributes of this method of solving armed conflicts. It also analyses the motives of the main actors of mediation - the parties’ of the conflict and the mediator, which are taken into consideration when they decide to start mediation. The research allows a better understanding of the complexity of mediation in an armed conflict. It enables the motives of the conflicting parties and mediator which have an impact on the mediation process and result to be identified.
EN
In the last twenty years an increase in the number of armed conflicts can be observed. Every of these conflicts has a dangerous potential to trigger a conflict. It can be noticed that there are qualitative changes in the nature of conflicts, in that they are transforming from interstate to domestic ones. Therefore, the activity of civilian police within international peacekeeping operations is brought to the foreground. Teleology of conflict – interweaving of interests of many subjects, exerts a great multidimensional impact on internal conflicts. Unfortunately, at the same time, authors of works on the effectiveness of the activities of civilian police do not pay much attention to the issue of teleology of conflicts. It is still perceived in a simplified way, with two subjects- antagonists, as it is in the case of an interstate conflict.In the article, the classification of carriers of domestic armed conflicts teleology was offered. The division has been made into positive (tending to end the conflict)and negative components (fueling the flames of a conflict), as well as external and internal ones.There have been investigated both hidden and open interests of the subjects: ethnical and religious strata of local communities, organized crime, local police, political parties, local mass media. Ways of development and utilizing positive interests have been proposed. Moreover, there have been offered the ways to reveal and end negative interests by means of an international peacekeeping operation. The stages of such an operation are also presented.
EN
Modern emergency vehicle driver training demands the employment of organizational and technical solutions whichallow training in situations typical of the tasks that they undertake. Training in fast driving is one element of this process. Availabletechnologies allow us to supplement this process with training aimed at gaining an ability to react in situations too dangerous to beimplemented on the training track. Account must be taken of vehicle failures such as tyres bursting at high speed, as well as terroristattacks, chases in urban areas with heavy traffic, and so on. The driver must be able to deal with obstacles including blockages createdby other vehicles, react to deliberate collisions and attempts at “being forced off the road”, and use the vehicle as an instrument of force.All this should be undertaken in differing weather conditions with different frictional qualities of road surface and in different areas:mountains, plains, woodland, etc. The ability to implement such training in a cost-effective and at the same time safe manner canonly be done through the use of vehicle simulators. One of the few available solutions dedicated to drivers of emergency vehicles, thattake into account the requirements outlined above, is the Emergency Vehicle Driving Simulator for Typical and Extreme Conditions.
EN
Enhanced protection remains the latest and most modern mechanism of cultural property protection in the case of international and non-international armed conflicts. It was established by the 1999 Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict in order to protect the cultural heritage of the greatest importance for humanity much more effectively. To this end, the immunity of cultural property under enhanced protection was ensured without regard for the principle of military necessity, individual criminal responsibility for the crimes against cultural heritage was established and an appropriate institutional and financial framework was set up under the 1999 Second Protocol. This paper aims to provide a comprehensive analysis of the enhanced protection system in terms of its significance for both cultural heritage law and IHL developments, as well as its effectiveness. It also examines the obstacles to the spread of the 1999 Second Protocol and the enhanced protection itself. It is argued that a much more integrated approach to the cultural property protection in time of armed conflict and in peacetime is required; in particular the synchronization of different measures existing under the UNESCO's conventions and the simplification of procedures would be beneficial. The widespread ratification of the 1999 Second Protocol would help to reduce collateral damages and intentional destruction of cultural heritage regardless of the character of conflict and the status of the parties to the conflict. It could also contribute to the IHL development in terms of gradually moving away from the principle of military necessity.
EN
Numerous Russian media professionals have moved to Ukraine in the last decade. These migrants can be seen as contemporary mobile, highly skilled, transnationally connected professionals who made a lifestyle choice by relocating to Ukraine. However, after the EuroMaidan, their move has also become increasingly political. Drawing upon a series of interviews with Russian media professionals living and working in Ukraine – and addressing their social relationships, professional practices and thoughts on return migration – I analyse the ways in which the lifestyles of these ‘middling transnationals’ can be affected by the political tensions between host and home countries. This paper draws upon the idea of transnational ties being not necessarily durable and supportive but, rather, flexible and multi-directional. I argue that the annexation of Crimea and the armed conflict in Donbas have altered migrants’ cross-border connections with Russia; however, instead of tying them to a place and excluding them from global networks, it might also push them towards inhabiting multiple transnational spaces. These observations highlight the political dimension of ‘middling transnationalism’ which is usually not considered in migration scholarship.
EN
This article deals with central and eastern European national legislation on private military and security companies.Since such companies became important actors and very often active participants, in many international and non‑internationalconflicts, it is an urgent need for more regulations in this sphere of international relations. Existing international law, and especiallyinternational humanitarian law does not define the term private military nor private security company. Consequently, there is noregulation of their participation in armed conflicts. The Author presents a clear point of view that there is a need for adoptionof internationally binding instrument since existing national legislations are neither sufficient nor effective. Additionally, existinggaps in both national and international legal regulations become the reasons of serious human rights violations. Soft lawmechanisms such as International Code of Conduct or Montreux Documents have not helped much in this matter, especially havenot assured adequate reparations for victims. This article analyses national law of such states like Romania, Bulgaria, Hungary,mentions the lack of regulations in Bosnia and Herzegovina and exceptions in European Union secondary regulations. Authorexamines materials of the Human Rights Council and Special Procedures Working Group on the use of mercenaries that provideclear definitions and reasoning in the topic of private military and security companies. Analyses of those documents bring a clearconclusion on the weak points of existing laws and the need why internationally binding instrument such as universally acceptedconvention is necessary.
EN
The paper examines the intricate relationship between armed conflict and regional integration, focusing on its role as an ‘undoing’ force in the African Continental Free Trade Area (AfCFTA) context. A significant element of development and economic cooperation in Africa is the perennial problem of violent conflict in almost all sub-regions. Moreover, organized crime is rising across the continent, coupled with the emergence of new forms of violence associated with today’s globalization and other post-Cold War phenomena. Globalization has led to greater interdependence among countries and fostered cooperation among states. However, a country’s internal conflict often has repercussions beyond its borders and threatens regional and global peace and stability. In addition, armed conflict can affect countries’ relations and state cooperation. Peace provides a good foundation for development and economic cooperation, while development ensures the permanence of peace. The central question addressed in this paper is whether constructive regional economic integration and cooperation can be effectively achieved while some African countries are experiencing armed conflict. A qualitative research approach is used to analyze how armed conflict will likely negatively impact the achievement of AfCFTA goals.
EN
The aim of this article is to classify the armed conflict between Ukraine and Russia in light of international law. Firstly, the Russian armed activities are qualified through the lens of use of force and it is shown that Russia committed an aggression. Secondly, the Russian-Ukrainian conflict is qualified according to the law of armed conflict, not only identifying the applicable norms of law of armed conflict but examining whether atrocities have been committed and whether they are war crimes or mere crimes or acts of terror. The article posits that there is an international armed conflict between Russia and Ukraine and in addition a non-international one between Ukrainian insurgents and governmental forces. The methodology used in the article is legal analysis of documents and international law doctrine.
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