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PL
Ukrainian nationalists tried to de-polonize the South-Eastern Borderlands by means of mass genocide and they achieved this goal to a great extent. That, however, puts them on a par with the criminal regimes of Joseph Stalin and Adolf Hitler. The author of this article describes the genocide of Polish inhabitants in Volhynia and Eastern Galicia committed by the Organisation of Ukrainian Nationalists (Orhanizatsiya Ukrayins’kykh Natsionalistiv, OUN) and the Ukrainian Insurgent Army (Ukrainska Povstanska Armiya, UPA) between 1943 and 1944. These events in European history are not well-known.
EN
The article gives a view on the problematic of genocide as the most cruel crime of both international law and internal laws. It shows a the evolution of the term : “genocide”, including the draft conventions. There is also a comparison between the elements of genocide and the crimes against humanity in Rome Statue of International Criminal Court. In conclusion it is said, that the difference between the creative elements of genocide and the elements of chosen crimes against humanity (murder, extermination, enslavement, deportation or forcible transfer of population, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, torture, rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity, persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international law, enforced disappearance of persons, the crime of apartheid, other inhuman acts of a similar character intentionally causing great suffering, or serious injury to body or mental or physical health).
EN
Denial of the Holocaust is a topic that is largely discussed and attracts public attention to this day. However, the language used when debating historical revisionism is oftentimes limited to the Jewish victims and survivors, while other groups, which were targeted during World War II, are regularly omitted from the discourse. The objective of this qualitative study is to establish what are the common patterns of two types of Holocaust denial – denial of the Jewish genocide and denial of the Roma genocide – and how these are treated by the international community. The findings of this research indicate that the deniers adhere to similar ideologies that result in questioning the existence of the Holocaust. The international community poses as an interesting case as the Roma genocide is not denied; however, its existence has been largely unacknowledged until a recent slight turn towards more equal treatment of survivors and victims in several countries.
Cybersecurity and Law
|
2022
|
vol. 7
|
issue 1
110-129
EN
In this paper I thoroughly discuss the possibility of committing crimes which would fall under the Rome Statute, with regards to the very notion of cybersecurity. I conclude that we need extensively empirical research and solution to many aspects pointed out in my paper. First, we need to find an acceptable definition of cybersecurity to work with this process, and in order to understand the world and possibilities it creates for us. Furthermore, the 1998 Rome Statute needs an update, because the world of the internet creates opportunities never seen before, and the international case law is unable to cope with such distinct acts. Therefore, I believe that we need to find the next „Nuremberg Trials”, the next generational solution to a world and crimes never seen before. We need the theoretical and legal revolution which did come after the World World II, and after the ICTY, ICTR and Sierra Leone ad hoc Courts. I truly hope that this short and hence mashup summarizing paper is just an indicator of papers and conferences to come, with solutions and more and more ideas on how we solve these two phased problems, namely having to find 1. An ultimate definition for cybersecurity 2. Having a solution of how to interpret it to the classical notion of International Criminal Law. if we conclude that we are unable to handle this issue, I suggest to create a panel on international or V4 level on either the reorganization of customary international criminal law under the Rome Statute or on the ever-changing definition of cybersecurity.
EN
Metaphorizing the Holocaust: The Ethics of Comparison    This paper focuses on the ethics of metaphor and other forms of comparison that invoke National Socialism and the Holocaust. It seeks to answer the question: Are there criteria on the basis of which we can judge whether metaphors and associated tropes “use” the Holocaust appropriately? In analyzing the thrust and workings of such comparisons, the paper also seeks to identify and clarify the terminology and concepts that allow productive discussion. In line with its conception of metaphor that is also rhetorical praxis, the paper focuses on specific controversies involving the metaphorization of the Holocaust, primarily in Germany and Austria. The paper develops its argument through the following process. First, it examines the rhetorical/political contexts in which claims of the Holocaust’s comparability (or incomparability) have been raised. Second, it presents a review (and view) of the nature of metaphor, metonymy, and synecdoche. It applies this framework to (a) comparisons of Saddam Hussein with Hitler in Germany in 1991; (b) the controversies surrounding the 2004 poster exhibition “The Holocaust on Your Plate” in Germany and Austria, with particular emphasis on the arguments and decisions in cases before the courts in those countries; and (c) the invocation of “Auschwitz” as metonym and synecdoche. These examples provide the basis for a discussion of the ethics of comparison. In its third and final section the paper argues that metaphor is by nature duplicitous, but that ethical practice involving Holocaust comparisons is possible if one is self-aware and sensitive to the necessity of seeing the “other” as oneself. The ethical framework proposed by the paper provides the basis for evaluationg the specific cases adduced.
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