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Wojna hybrydowa – uwagi z perspektywy prawa międzynarodowego publicznego

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Kleczkowska A.
Sprawy Międzynarodowe
|
2015
|
issue 2
93-110
XX
Hybrid warfare, even while posing a challenge as a combination of different methods of conducting conflicts, is not the surprising, new phenomenon it is sometimes depicted as. Public international law, even without labelling conflicts as “hybrid wars,” contains norms which deal with the various aspects of hybrid warfare. International humanitarian law, for instance, regulates a substantial scope of hybrid wars by imposing humanitarian obligations also on non-state actors. Moreover, one can refer to international law regulations on new types of weapons, propaganda and information warfare. These examples confirm that international law embraces the mechanisms.
2
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Decision of the Supreme Court – Criminal Chamber, Dated October 14, 2015

100%
Kleczkowska A.
Polish Yearbook of International Law
|
2015
|
vol. 35
327-340
3
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Book review: Claus Kreß and Stefan Barriga (eds.), The Crime of Aggression: A Commentary, Cambridge University Press, Cambridge: 2017

100%
Kleczkowska A.
Polish Yearbook of International Law
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2017
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vol. 37
312-316
EN
Review of a book: Claus Kreß and Stefan Barriga (eds.), The Crime of Aggression: A Commentary, Cambridge University Press, Cambridge: 2017
4
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Judgement of the Supreme Court, dated 17 February 2016 (Ref. no. WA 16/15)

100%
Kleczkowska A.
Polish Yearbook of International Law
|
2016
|
vol. 36
267-276
EN
In its Judgement of 17 February 2016, the Polish Supreme Court adjudicated the case of Polish soldiers accused of crimes committed in the village of Nangar Khel in Afghanistan in 2007. Ultimately, the Supreme Court found that Polish soldiers were guilty of, inter alia, breach of Article 318 of the Polish Penal Code, which stipulates that a soldier commits a crime even when executing an order if he is aware of this crime. However, the part of the judgement devoted to the problem of unlawful orders is very limited and almost completely lacks references to international law. The Supreme Court could have referred to a number of international legal acts, starting from the beginning of 20th century and up to the more recent regulations, including those in the Rome Statute. Moreover, the Supreme Court did not use international case law. As a result, the argumentation of the Supreme Court should be assessed as limited and unconvincing.
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