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1

INTERNATIONAL CRIMINOLOGY: FACING THE CHALLENGES OF THE GLOBALIZING SOCIETY (Mezhdunarodnaya kriminologuiya: otvet na vyzovy globaliziruyuschegosya obschestva)

100%

Dyachuk I. L.

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nr 1

48-52

EN

A conception of the international criminology as a separate field in the criminological science, offered by V.F.Antipenko, doctor of law, is discussed. According to him, international criminology needs interdisciplinary focus, in rethinking the causality between international crime and inefficiency of its fighting. Today, international crime evolves from the imbalanced distribution of public resources and benefits, forceful dominance of technological leaders. To find effective ways for its fighting, synergetic principle is needed, for making general conclusions at the level of global processes, which lays down premises for constructing a theoretical basis for the international criminology and establishing the adequate international legal rules. The subject of the international criminology differs from the one of the basic criminology, because of the international origin of problems related with the international crime. International criminology should use the methodology based on the asymmetric type of social relations. Regarding the terrorism, the world community, which is the object of its attacks, constitutes a radically new social entity in relation to a national community. Studies of the conflict within this broader social entity allow for identifying a series of radically new features in relation to the terrorism at country level. Methods of the traditional criminology (used largely in Europe) fail to offer adequate responses on this phenomenon; therefore, the international criminal law is devoid of adequate justifications and legal recommendations.

2

TRESTNOPRÁVNA OCHRANA SPOLOČNOSTI PRED TERORIZMOM – ČESKÝ A SLOVENSKÝ POHĽAD

100%

Jalč A.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2019

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tom 102

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nr 4

322 – 335

EN

Many states have not national anti- terror laws until September 11, 2001. Political violence was dealt with by the ordinary criminal law. Since then was passed a lot of new anti- terror statutes in the world (for instance in the five years following September 11, Australia enacted 37 new federal laws), which primary objective and task is to ensure that police and other agencies have the sufficient powers they need to protect the community. This complicated social phenomenon is possible to understand better only by analysis of the aspects of terrorism as the key factors, to find the effective forms of fight against the terrorism, the receiving of effective measures to prevent the creation of terrorism not only on the national level but also on the international level and also by co-operation among the individual countries of world. Based on the fact of evolving counter-terrorism legislation, the contribution seeks to answer the question: what is the range in which it is possible to respect fundamental criminal law principles and fundamental human rights as such in this relatively sensitive area. In this context the contribution pointed to a specific group of criminal legal tools that are used more often in the area of combating terrorism. Content of this contribution is to bring information on new felonies of the terrorism under Criminal Code in Slovak and Czech Republic. In first part is describes basic legislative bases, that are necessary if we want serious dealt by this problem. Additional parts suggest the actual state and the last stage analyse manners fight against terrorism in both republic.

3

ECONOMIC SUPPORT TO TERRORISM IN THE EU CASE-LAW.

100%

Svoboda P.

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2008

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tom 28

137-148

EN

This article discusses new developments concerning the lawfulness of EU anti-terrorism measures in relation to the UN Security Council (UNSC) resolutions. The European Court of Justice (ECJ), in joined cases C-402/05 P and C- 415/05 P Yassin Abdullah Kadi and Al Barakaat International Foundation (Judgment), considered two appeals - in the cases T-306/01 Yusuf and T-315/01 Kadi. In this sequel of actions for annulment pursuant to Article 234 TEC, the ECJ not only set aside the judgments of the Court of First Instance (CFI) in both cases, but expressed its opinion on the substance of the case by annulling the contested Regulation No 881/2002 (Regulation), implementing Common Position 2002/402/CFSP, which itself implements UNSC Resolution No 1390 (2002) imposing measures directed against Osama bin Laden, members of Al-Qaeda and the Taliban, and persons associated with them. These legal acts are aimed at freezing the assets of persons related to terrorists in order to prevent terrorist operations. The Regulation was repealed only in so far as it concerned the appellants. The contested regulation was annulled since it failed to ensure the following rights of the appellants: right to respect for property, right to be heard and right to effective judicial review. From a legalistic perspective, the setting aside of the Judgments of the CFI in Yusuf and Al Barakaat is deplorable, since the CFI dealt for the first time in detail with various facets of the relationship between the international and Community legal systems. The ECJ did not refute its conclusions in this matter, nor did it give its own opinion, it simply repealed it. This article is highly critical of the ECJ's absence of justification as to why the EC is to take over the obligations of the Member States stemming from the UN Charter as far as economic sanctions are concerned. On the other hand, the article praises the coherence with which the ECJ defends the autonomy of the international and Community legal systems, even if its argumentation sometimes seems too formalistic. But law itself needs to be, to a certain extent, formalistic for it to be of general application.

4

TERRORISM NETWORKS IN THE WORLD. CONNECTIONS BETWEEN GROUPS AND THEIR FINANCING (Sieci terroryzmu na swiecie. Powiazania miedzy grupami i finansowanie)

100%

Tomczak M.

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nr 1(330)

39-60

EN

One of the most effective methods of fighting terrorism is to cut off the sources of its financing. That is why issues related to this problem are of special interest to people and institutions engaged in fighting terrorism as well as scholars. Regrettably, scientific investigations on the ways of financing terrorism and business connections between particular groups face serious difficulties due to a lack of reliable and verifiable data. We are largely left to conjectures and therefore it is only possible to present some trends and hypotheses. The article discusses ways of obtaining funds by terrorist groups from mid-19th century until today. It also shows the development of terrorism from amateur operations on a relatively small scale by Russian revolutionists and western anarchists, through 'substitute war' from the cold war period up to a union of politics, religion and purely criminal activities that we witness today. In consequence, ideologically committed enthusiasts guided by their own peculiar ethics have been gradually replaced by ruthless cynics who are ready to break any taboo.

5

JANUARY UPRISING DAGGERS (Sztyletnicy powstania styczniowego)

100%

Malochleb P.

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nr 3(111)

189-193

EN

This article is about daggerers - the most deeply conspired group amongst all the bodies forming the underground State during the January Uprising in the Congress Poland (1863-1864). Initially, their task was to protect the Government against Russian agents; soon after, however, were they authorised to perform executions. The authoress describes the manner in which the daggerers were represented by historiography and literature, noting that the experience of crime, assassination and ethical crisis is processed in multiple ways, not infrequently contradictory to one another.

6

Historia i historyk w wychowaniu

88%

Drzewiecki A.

Colloquium Wydziału Nauk Humanistycznych i Społecznych AMW

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2013

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nr 4

21-38

EN

History as a field of knowledge has been in retreat for several years. Little doubt, this problem is calling for separate considerations: why is this happening? One of the reasons is rooted in "historical policy" which has created a new "censorship" and promotes "researc hers" submissive to the decision-make group. Even though history should be a teacher of life, despite its mission it is treated as a "peddlar from whom you can order any merchandise" (prof. J. Szacki, Wokół etyki polskiego humanisty, 2010) [On the ethics of a Polish humanist]. Regardless of the turbulence, the author believes that history has its place in education, provided that the past is the subject of reflection, not of faith. If we do not understand the past, often complex and difficult, we cannot get rid of its burden. Respectively, instead of evading the mistakes once made, we will be repeating them, claiming it is our attachment to the tradi tion. The historian is not to offer a "good past" as a panaceum. Conversely, his vocation is to provoke the public to study history by putting forward important and courageous questions.

7

Ospravedlnění války s ohledem na potenciální hrozbu jaderného konfliktu a akutní ohrožení terorismem

75%

Šrajer J.

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nr 3

80-90

EN

The article briefly deals with the beginning and history of the traditional Christian doctrine of 'a just war'. Thereby it builds up a groundwork for the reflection of contemporary affirmations in the official Catholic Church documents which further develop this doctrine. It discusses the justification of war, particularly with respect to a potential threat of a nuclear conflict and an immediate threat to humanity of worldwide terrorism. It examines possible and justifiable means needed for better understanding and the preservation of peaceful co-existence in Christian ethical thinking.

8

Media Responsibility During the Coverage of Terrorist Attacks – A Case Study of the Abduction and Execution of the Croatian Citizen Tomislav Salopek

75%

FELGER B. , LESINGER G.

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nr 2

4-17

EN

The authors provide an overview of the relations between terrorist atrocities and media coverage of the said atrocities through the analysis of media content present on Croatian Internet portals and national television in the case of terrorist abduction of a Croatian citizen Tomislav Salopek. The study was conducted via a qualitative discursive analysis. The authors focus on both identifying elements and reasons of the media coverage of that case as well as on their impact on the public. Also, the authors try to emphasise the historically important difference in interpretation of the definition of terrorism, especially in today’s context of advanced media technology and the phenomenon of live reporting on the events. For the purpose of understanding the impact terrorist activities have on government policy and especially on the psychological state of the public and the victims’ families, the authors pay particular attention to the ethical and legal standards when reporting on acts of terrorism.

9

ROZHODOVACIE PROCESY V POLITIKE KRAJÍN TRETIEHO SVETA

75%

Geist R.

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2008

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tom 1

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nr 1

94 - 114

EN

The politics of the developing countries, or rather political decisions made by their elites, are often interpreted as “irrational”. Media news and commentaries often put them in contrast to the politics of the developed, “modern” world. Such approach is also mirrored by political science – particularly when trying to explicate such phenomena as “terrorism”, religious extremism, or ethnic conflicts, but also when interpreting “regular policies”, like, for example, economic policy. Looking into how external environment, i.e., international system on the one hand and intrastate system on the other infl uence decisions of the political elites in the Third World could be one of the ways of overcoming such Eurocentrism. For this, we will compare the usability of different theoretical approaches for specifi cconditions in the developing world. The first part of the paper analyses the nature of international system, its structure and the substance of the concept of “national sovereignty”. The second part investigates specific features of a (semi)peripheral state and factors that create them. The final part studies the influence of the international system and of the specific features of a (semi)peripheral state on the decisions of its political elite. Due to the limited size of the current paper, the author cannot cover particular displays of similarities in the policies of the Third World countries; the paper only presents theoretical approaches to their investigation. The former topic is discussed in more detail in the author’s dissertation thesis.

10

VIOLENCE - SOCIALLY UNDESIRABLE PHENOMENON

75%

Ondrejkovic P.

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nr 5

391-416

EN

Violence, including violence committed by youth, can be by using 'thick description' identified as specific human behaviour, focused on extortion of carrying out the wishes, interests, acts, commands, and regulations. Violence is in the most of the cases associated with power or predominance. The 'thick description' represents very detailed, literally microscopic reckoning of what is violence and it originated from paradigm and theoretical-methodological concept of phenomenology. Aggression and violence, in a similar way as money, became universal fetishes of the contemporary societies. They are becoming a generally recognised issue in which probably all people are interested in. There are discouraging theories and according to them the increasing violence and aggression became the symptom of self-destruction of our civilization which draw its universality and legitimacy from its constitutional non-violence. By aggression we often refer to offensive behaviour, which usually follows as a reaction to real or apparent threat of one's own (above all) authority, and is very often a demonstration of anger. The sociological meaning of aggression contains also an intention, i.e. intentional abuse. On the present we are witnesses of the continuing discussions if aggression is primal meaningful force which enables solutions of the aims in life and the life's questions or if it is destructive potential in a human being which has to be necessarily shunted by upbringing or training (self training). The determination of violence is very inaccurate although it forms part of our everyday experience. It denotes the most frequent definition of one-shot act or more precisely procedure where at a human being causes a personal injury to someone else. Other characteristics discuss any acts including neglect which influences life, physical and psychical integrity, individual liberty and it discusses any other acts impairing personal development. The multivalent concept of violence gives evidence the fact that it is also used for definition of a form of intervention in the different types of the relations (interpersonal, foreign, relations between institutions) and its sphere is modified by the legal authorities. The essential categories of violence are pain and threat of suffering. Violence that is causing harm is a source of helplessness of a victim and at the same time it is a demonstration of a perpetrator's dominant power over her or his victim. The whole society as well as social sciences should concentrate their efforts in search for solutions for the continuous and growing violence, as a global phenomenon in which an important role will have to be played not only by the state and the public administration but also by all spheres of civil society.

11

CIVILIZATION AND DEMOCRACY: THE ETHNOCENTRIC DISCOURSE IN SOCIAL SCIENCES

63%

Korstanje M.

Človek a spoločnosť. Internetový časopis pre pôvodné teoretické a výskumné štúdie z oblasti spoločenských vied

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2010

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tom 13

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nr 3

-

EN

Every empire is certainly erected in basis with a sentiment of superiority over the rest of world. This sentiment is based upon what scholars denominate ethnocentrism. To a greater or lesser degree, all civilizations are more and less ethnocentric at time valorises certain values in detriment of others. Nowadays, the Anglo-Empire (primarily conformed by US and UK) puts emphasis on the terrorism as one of main threats West should face in next years. The World Trade Centre´s episode marked the end and beginning of a new era wherein the ontological and perceived security played an important role in the international agenda. Countries that prioritized their security as a primary strategy highlighted the needs of a preventive war against terrorist cells in Middle East. Under such a context, the present paper theoretically examines to what an extent the Anglo-centrism not only is still present in social sciences but also it determines a discourse wherein the democracy and civilization are valorised over the other aspects. To fulfil this goal, we substantially reviewed two important works authored by the political scientist Samuel-Phillip Huntington. They are: The Third Wave. Democratization in the Late Twentieth Century and The Clash of Civilizations: Remaking of World Order. It is important to mention even though there are ethnocentric elements in these early mentioned works, this does not entail Huntington has wittingly elaborated his argument to legitimate the Bush's war-on-terror. Otherwise, we convincingly argue Huntington's thesis has been manipulated by politicians and some scholars to vindicate the 'American Way'.

12

VZŤAH SLOBODY, BEZPEČNOSTI A PRÁVNEHO ŠTÁTU (INTER ARMA SILENT LEGES)

63%

Hodás M.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2013

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tom 96

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nr 3

201 – 221

EN

Security risks of today, terrorism, these are the factors that lead to breaching the traditional legal guarantees of the individual and to change of perception of human rights. The author deals with the thesis that the state must guarantee human rights, but in the effective elimination of security threats is forced to violate them. Against the background of the historical development of human rights and in the context of the philosophical concepts of relationship of the state and individual, relationship of freedom and security by Thomas Hobbes, John Locke and Immanuel Kant, the author seeks to clarify the function of human rights and the risk of breaching them. Guarantees of the freedom of individual are a response to impending dangers. Violation of human rights means loss of legitimacy of the state action. Security measures are often overreaction of state. We should not stop the effort to take the human as a purpose not means.

13

AESTHETICS OF VIOLENCE IN TIM STAFFEL'S NOVELS (Timm Staffel. Aesthetik der Gewalt)

63%

Szalagiewicz M.

Kwartalnik Neofilologiczny

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2010

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tom 57

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nr 4

411-429

EN

The article presents the work of a contemporary German writer Tim Staffel in context of the recent German literature and in particular the literature about the German reunification (Wendeliteratur). The analysis of the novels of Tim Staffel show the relationship between the aesthetics of violence used by the author and the problem of identity crisis described in his works. The comparison of Staffels novel Terrordrom with the discourse of the Wenderoman reveals differences in perception of the problems of identity and ideological crisis, which express themselves in a different construction of the presented world and time and a different approach to the theme of violence. This analysis and interpretation aims to show Staffels writing as attempt to go beyond the discourse of the Wendeliteratur and the discourse of a national literature in general. In this sense Terrordrom is not only an anti-utopian vision, an apocalyptic scenario of the future and the war of all against all, but also a diagnosis of the contemporary human condition and warning against the increasing influence of mass media on reality creation. Staffel points out in his novel the fact, that in such a media-generated reality, violence seems to be the last human reaction to a dehumanized world.