Prosecution of War Crimes in Bosnian Cantonal and District Courts: the Role of the Rule of Law

2012 ◽  
pp. 221-240
Author(s):  
Sanja Popovic
Keyword(s):  
Rule Of Law ◽  
War Crimes ◽  
District Courts ◽  
The Rule Of Law

scholarly journals Prosecutorial oversight of the rule of law during the investigation of war crimes

2020 ◽  
pp. 97-101
Author(s):  
O.V. Ilchenko ◽  
A.O. Taranchenko
Keyword(s):  
Rule Of Law ◽  
War Crimes ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Qualified Personnel ◽  
The Usa ◽  
The Russian Federation ◽  
The Military ◽  
Centralized System

The article is devoted to the activities of the prosecutor's office in the military sphere. The historical aspects of the formation of the prosecutor's office were noted in the work. The issue of reorganization of the prosecutor's office in relation to its activities in the military sphere, which is reflected in the liquidation of military prosecutor's offices, was also studied and covered. The Prosecutor's Office of Ukraine is the only centralized system entrusted with the performance of functions aimed at ensuring legality. The procedure for performing these functions must clearly comply with the law and the basic principles of the prosecutor's office. The role of the prosecutor's office is extremely important, because it is an effective tool for strengthening the rule of law, which determined the development of the rule of law. The activities of the prosecutor's office in the military sphere are extremely important, especially given the difficult political situation in Ukraine. In the context of armed conflict, the number of war crimes, which have always been investigated by military prosecutors, is growing significantly. All security and defense reforms must take into account the situation in Ukraine, in particular, taking into account the existing military threats from Russia. Occupation of Luhansk and Donetsk regions, annexation of Crimea, armed aggression of the Russian Federation, sabotage and reconnaissance activities, accumulation of military formations near the border of Ukraine - all these are urgent threats to the defense and national security of Ukraine. A number of arguments were presented that prove the inexpediency of such a reorganization. The international experience on the example of the leading countries of the world, such as the USA, Israel, Great Britain is researched and analyzed. Based on this analysis, the importance of the existence of a specialized body responsible for overseeing the rule of law in military formations and the investigation of crimes in the military sphere was proved. It has been proven that war crimes should be investigated by specialized bodies with experienced and qualified personnel, as the offenses committed by servicemen are specific and require a specific approach to their investigation.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

THE ROLE OF PSYCHIATRY IN THE RULE OF LAW

1974 ◽  
Vol 4 (8) ◽  
pp. 16-31
Author(s):  
Seymour Pollack
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

Company Ownership Structure, Legal Compliance and the Probability of Winning an Employment Lawsuit in China

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Zhenxing Ke
Keyword(s):  
Life Span ◽  
Rule Of Law ◽  
Significant Influence ◽  
Ownership Structure ◽  
Statistical Result ◽  
District Courts ◽  
Legal Compliance ◽  
Private Companies ◽  
The Rule Of Law ◽  
Ownership Structures

Abstract This paper investigates empirically whether firm ownership structures contribute to varying levels of legal compliance, which ultimately influence the likelihood of winning a lawsuit. I hypothesize that private companies are more likely to lose employment lawsuits because the rule of law within the company is rarely established. Using collected 2756 employment judgments decided by district courts in Beijing between 2014 and 2018, I test this hypothesis against three other types of ownership structures in China: state-owned enterprises, wholly foreign-funded companies, and partly foreign-funded companies. The statistical result confirms that private companies are more likely to lose cases, thus supporting the proposed hypothesis. In addition, the company’s scale and the company’s life span also have a significant influence on the employment lawsuit result.

The Role of the Constitutional Court in the Development of the Rule of Law in Kosovo

2018 ◽  
Vol 43 (3) ◽  
pp. 274-313
Author(s):  
Enver Hasani
Keyword(s):  
Material Culture ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional History ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Past ◽  
History Of ◽  
Communist Countries

Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.

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