The Impact of Religious Belief in Military Operations Other Than War.

1998 ◽  
Author(s):  
NAVAL WAR COLL NEWPORT RI
2013 ◽  
Vol 46 (3) ◽  
pp. 369-404
Author(s):  
Silvia Borelli

The undeniable impact of the European Convention on Human Rights on the legal systems – and the wider society – of Member States of the Council of Europe would not have been possible without its unique monitoring system, centred around the European Court of Human Rights and the Committee of Ministers of the Council of Europe. The present article assesses the extent to which the European Court's judgments that have found violations of the procedural obligations under Articles 2 and 3 of the Convention to investigate unlawful killings, disappearances, acts of torture or other ill-treatment have, in fact, led to an improvement in the capability of the domestic legal systems of states parties to ensure accountability for such abuses. On the basis of four case studies, it is concluded that the European Court's judgments, coupled with the supervisory powers of the Committee of Ministers, have the potential to make a very great impact on the capability of domestic legal systems to deal with gross violations of fundamental human rights, and have led to clear and positive changes within the domestic legal systems of respondent states. Nevertheless, this is by no means always the case, and it is suggested that, in order for the Convention system to achieve its full potential in the most politically charged cases, the European Court should adopt a more proactive approach to its remedial powers by ordering specific remedial measures, to include in particular the opening or reopening of investigations.


Poliarchia ◽  
2019 ◽  
Vol 5 (9) ◽  
pp. 51-95
Author(s):  
Dariusz Stolicki

The Organizational and Personal Framework of the “Global War on Terror” in the Light of the Decisions of the United States Courts The article analyses the law of military detention applicable to the ongoing conflict with Al‑Qaeda and associated forces, to the extent that that law emerges from the jurisprudence of U.S. federal courts, and particularly of the D.C. Circuit. It discusses four major issues: the types of organizations against which military force can be used in accordance with the Congressional authorization, the range of persons subject to military detention in connection with such use of force (in terms of both legal categories and factual predicates), the scope of the battlefield on which the use of force is authorized, and the extent to which American citizens or foreigners lawfully present in the U.S. territory enjoy special immunity from military detention. The article concludes that the impact of the D.C. Circuit decisions on those questions extends beyond the issue of military detention, and provides the general legal framework applicable to other military operations directed against terrorist organizations in the Middle East, such as target strikes or the campagin against the self‑styled Islamic State.


2017 ◽  
Vol 8 (4) ◽  
pp. 25-30
Author(s):  
Oleksandr Matsenko ◽  
Olga Gramma

The aim of the welfare state, in accordance with the Constitution of Ukraine is to ensure conditions for the growth of welfare of citizens. One of the major components in the well-being of civilized societies is to ensure that citizens and businesses the necessary energy. Energy development is the basis for enhancing the social and economic living standards of the population and competitiveness. The key to this goal should be a reliable, economically viable and environmentally sound needs of the population and the economy of energy products. It is important to identify the critical factors is a threat to the energy security of the national economy. The state of the energy sector of Ukraine is negatively affected by continued dependence on imports of Russian natural gas, petroleum products and fuel for power plants. Today such dependence on primary energy, including coal, has become a leverage to Ukraine on the part of the neighboring state. The loss of the fuel and energy complex, and areas for future development of hydrocarbon resources as a result of the annexation of the Crimea and the military operations in the east of the country, as well as the destruction of the oil and gas infrastructure in the Donetsk and Luhansk regions, yielded additional new factors which significantly weakened the energy security of the country. Given the instability of strategic task for Ukraine, it is vital to achieve the highest possible level to ensure the economy’s own oil and gas resources, which, to a certain extent, will contribute to energy independence and savings of foreign exchange reserves of the country, as well as infrastructure development in the industry, tax revenues, creation of additional jobs.


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