scholarly journals Algunas consideraciones sobre la independencia de la justicia

2012 ◽  
pp. 109-114
Author(s):  
María Fernanda Murillo Delgadillo
Keyword(s):  
Judicial Independence ◽  
Armed Groups ◽  
Inherent Value ◽  
Self Defense ◽  
Public Servant ◽  
The Law

La independencia de la justicia se concibe como un valor inherente a la función del servidor público, representa una cualidad y un derecho que los Estados deben garantizara sus administrados. Colombia es un país generador de agresiones contra la justicia, las que se acrecientan por la presencia de grupos paramilitares que, pese a estardesmovilizados, tienen bajo su control gran parte del territorio patrio. En este informe veremos la concepción, “el deber ser” de la independencia judicial, y después abordaremos la problemática de las Autodefensas Unidas de Colombia (AUC), algunas manifestaciones de su presión y los tipos de procesos en los cuales interfieren, en cuatro ciudades, Bogotá, Cali, Medellín y Tunja. Palabras claveIndependencia judicial, intromisión,prensa, grupos armados al margen de la ley, paramilitarismo.AbstractThe independence of justice is seen as an inherent value to the role of public servant and represents a quality and right that States must guarantee to their people. Colombia is a country that generates attacks against justice, aggressions that are enhanced by the presence of paramilitary groups which, despite being demobilized, control much of the homeland. In this report we will see the concept, what “should be” judicial independence, then we address the problem of the United Self-defense groups of Colombia (AUC), some demonstrations of their pressure and the type of processes in which they interfere, in four cities:Bogotá, Cali, Medellín andTunja. KeywordsIndependence of justice, meddling, press, armed groups outside the law, paramilitary activity. 

Necessity and Proportionality in International Peace and Security Law

2020 ◽  
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Military Force ◽  
Post Conflict ◽  
Self Defense ◽  
Military Necessity ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Principle Of Proportionality

Necessity and proportionality hold a place in the international law governing the use of force by states and in the law of armed conflict (LOAC). However, the precise contours of these two requirements are uncertain and controversial. This book explores in 5 parts how necessity and proportionality manifest under the law governing the use of force and the LOAC. First, the book introduces the reader to how necessity and proportionality factor in the debate about the interaction between morality and law in the use of military force. Second, the book addresses the issue of how proportionality in the law governing the use of force relates to proportionality in the LOAC. Third, the book addresses a number of pressing legal issues including: how proportionality and necessity are linked under international law, the controversial “unwilling and unable” test, drones and targeted killing, their application during civil war, and the need for further transparency in states’ justification for the use of force in self-defense. Fourth, the book analyzes the role of military necessity within the LOAC on the battlefield. This includes discussions about the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in a proportionality analysis. Finally, the book concludes with a discussion on the potential role of proportionality in the law governing post-conflict contexts.

Authorizing Attacks in Response to Terrorist Attacks

2019 ◽  
pp. 21-39
Author(s):  
Patrycja Grzebyk
Keyword(s):  
Use Of Force ◽  
The United States ◽  
Armed Conflicts ◽  
Terrorist Attacks ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Legal Justification ◽  
The Law ◽  
Legal Constraints

Some states (mainly the United States and Israel) intermingle the terms/principles of the law of armed conflicts/international humanitarian law regime and the regime of the law on the use of force in order to avoid legal constraints and to justify attacks against non-state armed groups in violation of the sovereignty of other states and the rights of particular persons. The counterterrorism strategy is created under the influence of legal arguments, and thus the recent trend of abusive interpretation of the regimes could encourage decision-makers to resort to military measures instead of using less intrusive instruments such as criminal cooperation. This tendency is more visible in times of crisis. States are then still interested in having legal justification for their actions, but they tend to see the role of law differently: the law is expected to serve the authorities, rather than to guide them, when the state’s fundamental interest—its security—is under threat.

Personal Self-Defense and the Standing Rules of Engagement

2018 ◽  
pp. 109-124
Author(s):  
Christopher M. Ford
Keyword(s):  
Unmanned Aerial Vehicle ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Forces ◽  
Armed Conflicts ◽  
Armed Groups ◽  
Self Defense ◽  
Aerial Vehicle ◽  
The Law ◽  
The U.S

The U.S. military Standing Rules of Engagement (SROE) restrict the use of force in armed conflict to either self-defense or “mission-specific” rules of engagement, which refer to the use of force against members of enemy armed forces or organized armed groups that have been “declared hostile.” This bifurcation of authority works well in an international armed conflict, where the enemy force is uniformed and easily distinguished. In these circumstances, the overwhelming number of engagements are against identified hostile forces. In many non-international armed conflicts, however, combatants actively attempt to camouflage their status, and U.S. forces find themselves engaging enemy forces under a self-defense framework. This creates problems. Consider, for example, a situation where three individuals of unknown affiliation launch an attack against a U.S. military convoy in Afghanistan. After a short engagement, the attackers get in a van and speed away from the attack site. The U.S. convoy is disabled, but an unmanned aerial vehicle tracks the van as it retreats into the desert. Thirty minutes later an AH-64 Apache attack helicopter arrives on scene above the still-retreating van. Can the Apache attack the vehicle? The van is retreating and poses no threat, thus self-defense principles would not allow for the use of force, despite the fact that the occupants are clearly directly participating in hostilities. This chapter addresses three questions: Why are the SROE drafted in this manner? What is the basis in the law for the SROE’s approach to self-defense? What are the problems presented by this approach?

Sanctions as a means of obtaining greater respect for humanitarian law: a review of their effectiveness

2008 ◽  
Vol 90 (870) ◽  
pp. 221-247 ◽  
Author(s):  
Anne-Marie La Rosa
Keyword(s):  
Transitional Justice ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
The Law ◽  
Compliance With The Law ◽  
Lasting Influence

AbstractThere are several aspects to reviewing the role of punishment in ensuring greater respect for international humanitarian law. First, there is the question of improving compliance with the law, second, the focus on the punishment itself and, third, the characteristics of the perpetrators. The situation of armed groups is dealt with separately. The article also examines transitional justice as an accompanying measure and the problem of how to take care of the victims. Finally, suggestions are presented which could help the parties concerned in the establishment of a system of sanctions capable of having a lasting influence on the conduct of weapon bearers so as to obtain greater respect for international humanitarian law.

scholarly journals FEATURES OF USING THE EXPERIENCE OF THE ARMED STRUGGLE FOR STATEHOOD, 1918-1919, IN THE CREATION OF UKRAINIAN NATIONAL SELF-DEFENSE, 1943

2018 ◽  
Vol 6 ◽  
pp. 32-40
Author(s):  
Ihor DROHOBYTSKYI
Keyword(s):  
World War Ii ◽  
Development Process ◽  
Armed Forces ◽  
Armed Groups ◽  
World War ◽  
Armed Struggle ◽  
Self Defense ◽  
Regular Army ◽  
Resistance Movement

The article covers some aspects of the use of military experience of Ukrainian armed groups of the period of the national liberation struggle 1917–1921 by the members of the nationalist wing of the national resistance movement during World War II. Much attention is given to measures aimed at the development of tactical units of the structure of the Ukrainian People's Self-Defense (Ukrainska Narodna Samooborona; UNS) in the second half of 1943 in Galicia. These facts are analyzed in the context of the development of a national army concept among leaders of Ukrainian nationalists at the various stages of the Nazi-Soviet war (1941–1945). The main stages of their vision evolution of the development process of the domestic armed forces are outlined. The author highlights the reasons and the factors of shifting focus from the idea of creating a regular army to the idea of deploying a partisan form of struggle against the occupation regimes, characterized the role of the armed forces in the implementation of the idea of national statehood. The specifics of the ideological motive of the armed struggle are revealed with emphasis on the tradition of struggle for the nation's interest. The paper also concentrates on external and internal preconditions for expanding the geography of armed resistance to the occupiers, regional specifics in the processes of deployment of military structures run by the nationalist wing of the Ukrainian resistance movement. Keywords tradition, statehood, armed forces, resistance, nationalism.

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650

2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic
Keyword(s):  
Early Modern ◽  
Legal History ◽  
Criminal Court ◽  
Current Understanding ◽  
The Law ◽  
Role Of Women

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.

Neoliberalism, Law and its Discontents: Three Recent Interventions

2020 ◽  
Vol 23 (2) ◽  
Author(s):  
Ravi Malhotra
Keyword(s):  
New York ◽  
Princeton University ◽  
The Law

Honor Brabazon, ed. Neoliberal Legality: Understanding the Role of law in the neoliberal project (New York: Routledge, 2017). 214pp. Paperback.$49.95 Katharina Pistor. The Code of Capital: How the Law Creates Wealth and Inequality (Princeton: Princeton University Press, 2019). 297 pp. Hardcover.$29.95 Astra Taylor. Democracy May Not Exist, but We'll Miss It When It's Gone (New York: Metropolitan Books--Macmillan, 2019). Hardcover$27.00

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

KRIMINALISASI HAKIM DAN EKSISTENSI PRINSIP JUDICIAL INDEPENDENCE DALAM BINGKAI NEGARA HUKUM

2018 ◽  
Vol 2 (3) ◽  
pp. 325
Author(s):  
Muh Risnain
Keyword(s):  
Rule Of Law ◽  
Criminal Policy ◽  
Judicial Independence ◽  
Legal Policy ◽  
The Law ◽  
Quo Vadis

Legal policy throught criminalization of judge by the law are abuse of judicial indpence and threat of rule of law principle while regulate by the constitution. And it is shown that quo vadis of criminalization policy when drafting the law. To solve this problem, there are two step, firstly, House of representative and President as state organs who have authority to arrange the law must pay attention principle of judicial indepence and rule of law, second, reorientation of criminal policy. Keywords: Criminalization, Judicial Independence and Rule of Law.

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