The Political and Legal Status of Persons in the War on Terrorism

2004 ◽  
pp. 105-119
Author(s):  
Drew Noble Lanier
2019 ◽  
pp. 122-139
Author(s):  
I.V. Kryuchkov

В представленном материале исследуется положение военнопленных стран Четверного союза на территории Ставропольской губернии. В статье отмечается незначительное ухудшение условий содержания пленных в г. Ставрополе и ряде сел губернии в начале 1917 г., что не отразилось на общей привлекательности губернии для пленных в сравнении с другими регионами России. Февральская революция 1917 г. способствовала либерализации правового статуса пленных. Однако нарастание в стране политического и экономического кризиса привело к ухудшению положения пленных, в том числе в Ставропольской губернии. С осени 1917 г. они всеми доступными средствами стремились покинуть губернию и выехать за пределы России.The position of prisoners of war of the Quadruple Alliance countries on the territory of Stavropol Province is considered in the article. A modest deterioration of the detention conditions of prisoners in Stavropol and certain villages of the province at the beginning of 1917 is marked in the material. The deterioration didnt affect the general attractiveness of the province to prisoners in comparison with other regions of Russia. The February Revolution of 1917 promoted the liberalization of the legal status of prisoners. However, the growth of the political and economic crises in the country led to the deterioration of prisoners position, including Stavropol Province. They had sought to leave the province and Russia by all available means since the autumn of 1917.


2018 ◽  
Author(s):  
Katrina Quisumbing King

A perennial question in the scholarship of the state asks how states rule and expand their capacity to do so. Scholars have paid special attention to activities that rationalize and build administrative capacity, known as legibility projects. Alongside these projects, state actors also rule through ambiguous and unclear techniques that have been given less scholarly attention. I introduce the concept of institutionalized ambiguity in legal status to extend the study of state rule. I ask what generates ambiguity, what purposes it serves in law and policy, and what consequences it has for the management of populations. I propose an analytic approach that draws attention to equivocation in law as enabling classificatory debates and discretion in the political realm. To illustrate the purchase of institutionalized ambiguity in legal status, I analyze how, during the years of formal imperial rule (1898-1946), U.S. state actors debated the racial fitness and membership of Filipinos in the imagined U.S. nation. I consider the broader implications of this analysis for scholars of modern state formation and suggest that foundational conflicts over national identity can be institutionalized in law, in turn facilitating a range of contradictory, but co-existing, legally defensible policies.


2018 ◽  
Vol 42 (4) ◽  
pp. 415-434
Author(s):  
Isabelle Hamley

Concubines, ‭שגליפ‬ in the Hebrew Bible, are shadowy women whose presence weaves in and out of narratives of violence and conflict. Most of them are unnamed and appear simply in genealogies and harem lists. Their exact legal status is unknown; they stand between primary wives and slave-wives, seemingly legitimate yet treated with little regard or protection. This article examines the narrative patterns surrounding ‭שגליפ‬. Four sets of texts are considered: Bilhah, Jacob's concubine (Gen. 35); the Levite's concubine (Judg. 19); Rizpah, Saul's concubine (2 Sam. 3, 21) and David's concubines (2 Sam. 5, 15, 16, 19, 20). These stories, taken together, reveal a picture of women whose lives were marked by sexual violence and coercion, precariousness and liminality, yet these were women whose legitimate position made them highly vulnerable within the political conflicts of their time. Narrative subtlety and intertextual echoes ensure that their stories indirectly provide a critique of polygamous marriage and mistreatment of inferior partners.


Author(s):  
Stanislav Polnar

Since the end of World War II, the investigation of anti-state delinquency of military personnel was realised by the military intelligence. It originated with Czechoslovak military units in the USSR and were influenced by Soviet security authorities. After 1945 and 1948 these bodies remained in the structure of the Ministry of National Defense, but from the beginning of the 1951 they moved to the structure of the Ministry of the Interior following the Soviet model. The legal status of these bodies was always unclear and did not correspond to the legal regulation. Another important article in the investigation of the political delinquency of soldiers was the military prosecutor’s office as part of the socialist-type prosecutor’s office, which was subjected to general trends in the regulation of criminal proceedings.


Author(s):  
Konstantin E. Meshcheryakov ◽  

The article investigates the evolution of the Russian-Uzbekistani relations in the last years of the presidency of Islam Karimov (2012–2016). Based on a wide range of official sources and periodicals, it identifies the main trends, achievements and issues of bilateral cooperation in the political, trade, economic and humanitarian spheres. It determines the factors that influenced the interaction between Moscow and Tashkent, and pays a particular attention to the role of the presidents of the two states in the development and strength- ening of their cooperation. The author concludes that throughout the period under review the Rus- sian-Uzbekistani relations faced serious challenges. They were remarkably conflicting, unpredictable, inconsistent, and quite turbulent, what provoked the discussions about the correspondence of their real political condition to their high legal status (in 2004, Russia and Uzbekistan became strategic part- ners, and in 2005, allied states). Nevertheless, the two countries overcame most of their differences and took a course towards the further expansion and deep- ening, as well as modernization of their relations. As a result, at present Uzbeki- stan remains one of the most important Russia’s partners not only in Central Asia, but throughout the post-Soviet space, as well as within the framework of the leading international organizations.


2016 ◽  
Vol 34 (1) ◽  
pp. 137-159 ◽  
Author(s):  
Ole Bjerg ◽  
Thomas Presskorn-Thygesen

The paper is a contribution to current debates about conspiracy theories within philosophy and cultural studies. Wittgenstein’s understanding of language is invoked to analyse the epistemological effects of designating particular questions and explanations as a ‘conspiracy theory’. It is demonstrated how such a designation relegates these questions and explanations beyond the realm of meaningful discourse. In addition, Agamben’s concept of sovereignty is applied to explore the political effects of using the concept of conspiracy theory. The exceptional epistemological status assigned to alleged conspiracy theories within our prevalent paradigms of knowledge and truth is compared to the exceptional legal status assigned to individuals accused of terrorism under the War on Terror. The paper concludes by discussing the relation between conspiracy theory and ‘the paranoid style’ in contemporary politics.


2019 ◽  
Vol 7 (1) ◽  
pp. 63-89
Author(s):  
Indrė Balčaitė

AbstractThis study probes the relationship between legal precarity and transborder citizenship through the case of the Karen from Myanmar in Thailand. Collected through ethnographic multi-sited fieldwork between 2012 and 2016, interconnected individual life stories evolving across the Myanmar-Thailand border allow the critical interrogation of the political and legal categories of ‘migrancy’, ‘refugeeness’, and ‘citizenship’, teasing out their blurry boundaries in migrants’ experience. Following the recent critical research in legal ethnography, this study demonstrates that legal precarity is not simply an antithesis to citizenship. The social and legal dimensions of citizenship may diverge, creating in-between areas of not-yet-full-citizenship with varying levels of heft (Macklin 2007). The article consists of three parts. First, it offers a theoretical framework to reconcile the Karen legal precarity (even de facto statelessness) and citizenship, even on both sides of the border (legally impossible). Second, it presents the three groups of Karen in Thailand, produced by the interaction of three major waves of Karen eastward migration and tightening Thai citizenship and migration regulations: Thai Karen, refugees, and migrant workers. All three face varying levels of legal precarity of temporary status without full citizenship. However, the last part demonstrates the intertwined nature of those groups. A grassroots transborder perspective reveals the resilience of the Karen networks when pooling together resources of the hubs established on Thai soil by the three waves. Even the most recent arrivals in Thailand use those resources to move from one precarious legal status to another and even to clandestinely obtain citizenship.


Author(s):  
Tomasz LANDMANN

The article attempts to analyze the meaning of legal regulations developed in the field of cultural heritage protection in the years 1944-1989. It has been argued that these years were markedly different in terms of law in the sphere of cultural heritage protection than the period between 1918 and 1939 analyzed by the author in another article. The author decided to refer to legal acts and literature in the form of elaborations and magazines in the field of monuments protection. The specificity of the chosen subject and problem required the choice of a scientific method in the form of legal acts analysis, supported by literature review. The presented information shows that the period between 1944 and 1989 was characterized by a different approach of the Polish authorities towards the issue of cultural heritage protection in comparison to the years 1918-1939. The mentioned protection had an instrumental character and was one of the political-ideological tools influencing the society. Furthermore, the growth of legal protection of cultural assets in the age of the PRL took place in the conditions of centralized administration that adopted the idea of social distribution of many such assets, which led to devastation of numerous immovable monuments and sometimes also the antique furnishings. All the introduced legal regulations required a thorough change and redefinition of the legal status after the political-structural transformation of 1989.


Sign in / Sign up

Export Citation Format

Share Document