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Time of war and martial law, relations, mutual dependencies and legal, organisational and functional dillema

Żaboklicka Ewa, Stankowski Daniel

Przegląd Nauk o Obronności

2022

R. 7, Nr 13

115--126

Objectives: The aim of the article was to solve the research problem included in the question: Can we adopt specifically defined procedures that define imposing of "martial law", "state of war" and "time of war"? Methods: The methods adopted in the research process are primarily critical analysis of a wide spectrum of source materials, including compact items, scientific articles, legal acts, theoretical methods characteristic for security science, i.e. analysis, synthesis, comparison, inference and abstraction, were supplemented by participatory observation. Results: Although the procedures for imposing "martial law", "state of war" and "time of war" have been defined at the level of the Constitution of the Republic of Poland and ordinary legislation, the applicable legal order does not formulate norms that would systematically develop these concepts in a defined form. This problem, which at times takes on the consequences of the lack of a common position of theoreticians and practitioners, raises concerns from the point of view of the legal system. Conclusions: The conclusions of the article show that it is difficult to clearly set the procedures defining the direct use of the definitions of "martial law", "state of war" and "time of war". A lot of scientists are having a discussions about this. There is also a whole range of documents and legal acts that do not generally regulate the security and defense of the state, but some of their provisions refer to "time of war", "state of war" and "martial law".

Critical infrastructure in the shaping of national security

Żaboklicka Ewa

Security and Defence Quarterly

2020

Vol. 28, No. 1

70--81

Objectives: Critical infrastructure plays a key role in ensuring national security of a state, due to important functions thereof in military, economic, and public administration sectors. The destruction, damage, failure or other deprivation of critical infrastructure of its operational capabilities constitutes a direct threat to the structural and personal security of the state. Methods: The research methods and techniques implemented in the research process itself primarily hinge on critical analysis of acts of law and organisational and competence-related documents, subject-matter literature, synthesis and inference in order to reach the formulated objectives based on efficiency criteria. Results: The main findings indicate that critical infrastructure is perceived as a set of systems which exerts a substantial impact on the security of the state and, obviously its residents. The results advocate for a reflection that critical infrastructure embraces a number of facilities which appear to be remarkably diverse. They are buildings, structures, installations, equipment and services which, integrally, form cohesive systems which allow proper functioning of a given state. It is the state whose role is just to supervise and coordinate whereas the operators of critical infrastructure are the ones who are to protect it. Conclusions: The overall findings of this paper present the notion that safeguarding critical infrastructure is a task of crucial importance to national security of a state and, therefore, it would be worth reconsidering the intensification of rules which apply to the infrastructure of the national security and its efficient functioning.