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2 2011

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Geneza Nadzwyczajnych Izb w sądach Kambodży jako przykład powstawania trybunału hybrydowego

Milik P.

Zeszyty Naukowe AON

2011

nr 4(85)

247-265

The article describes the genesis of the Extraordinary Chambers in the Courts of Cambodia as an example of the origin of hybrid courts type. The hybrid courts are the new type of international bodies in the area of the international criminal law. It is interesting to know what is the triggering mechanism bringing that type of organs into existence. The article shows the stages of the process of the Cambodian hybrid court genesis, the efforts of the international community, especially the United Nations Organization, to bring that court into existence. Author analyzes difficult and complicated relations between the United Nations and the government of Cambodia in the negotiating process. Reading that article, we can realize, what were the reasons of setting up the Extraordinary Chambers in the Courts of Cambodia, that there was a need to prosecute crimes committed by the Khmer Rouge leaders in the time of their bloody regime in the 70s of the 20th century. The genesis of the Extraordinary Chambers in the Courts of Cambodia is an example of contemporary directions in the field of the international criminal law.

Działalność sądów i prokuratury wojskowej w latach 1943-1945

Pacek B., Rochnowski A.

Zeszyty Naukowe AON

2011

nr 1(82)

264-273

The history of armed conflicts abounds in not only numerous heroic deeds. Although left unsaid, it is full of a great number of desertions, thefts and ordinary hooliganism. A high rate of crime and low level of discipline may influence negatively the effects of operations. Therefore both political decision-makers and commanders themselves have always paid a lot of attention to law enforcement and justice bodies and to effective activity of military courts and prosecutor’s office. These bodies’ operation is also greatly important after the war as soldiers’ recovery from stress and their slackness is often accompanied with the feeling of impunity. In the modern history of Poland, the establishment and development of military law enforcement and justice bodies have always been connected with the changes that took place in the army itself. At the end of World War II and directly afterwards, these bodies exerted a big influence not only on the course of operations but on the image of the army as well. They also caused many perversions and conducted actions against the law. In May 1943 at Sielce-upon-Oka in the Soviet Union, the first Polish “people’s” army (1st Tadeusz Kościuszko Infantry Division) was set up under the initiative of communists - members of the Polish Patriots’ Union. That army was completely dependent on the Soviet Union. Military prosecutor’s office formed and cooperated within the headquarters was tasked to maintain military discipline and order. Following setting up new military formations, new prosecutor’s offices were established, i.e. the 1st Tadeusz Kościuszko Infantry Division, 1st Polish Armed Forces Corps in the USSR, 1st Polish Army in the USSR and then on divisions’ level. The first Polish Armed Forces’ court martial in the USSR was the 1st Division Court headed by a Soviet officer Lt.Col. Stefan Piekarski. The first division’s prosecutor was Corp. Hilary Minc, later promoted major on 7th July on the day of taking over the prosecutor’s duties. After 2 months, on 1st September 1943, the 1st Corps’ court martial was set up, and the Polish Army in the USSR court martial was established on 13th April 1944. Soviet officers affected greatly the functioning of both those bodies that in that initial period often played an exaggerating role in their decision making and adopting particular solutions. Until the end of the war both those bodies acted actively influencing essentially both the rate of crime and discipline. They also had a dominating influence on obeying the basic principle - law that should guide both these bodies. Unfortunately, they often did not comply with that principle. As the years passed, both the courts and prosecutors’ offices evolved in a good direction being led by law and not by the will of military and political superiors and leaders.