Iskanje po katalogu digitalne knjižnice

Opis: The present thesis is devoted to the immunity of Heads of State and high-ranking State officials, generally meaning the Heads of Government, and the Foreign Ministers, before the national and international courts, for international crimes as codified in the Rome Statute of the International Criminal Court (ICC), namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression, with partial touch upon the crime of torture as well. The introductory part lays out the prosecution of State officials throughout the history all the way to the World War II, the Nuremberg and Tokyo Trials, and the developments in the decades post-World War II, with the eventual establishment of the ICC. Afterwards, the definitions and list of international crimes are discussed. Following the arguments for the rationale behind immunity and the correlation between immunity and jurisdiction, I elaborate on the various types of immunity, such as State immunity – and its subcategories personal and functional immunities – and diplomatic immunity. Thereby, I discuss at length the range of seemingly outstanding questions relating to, e.g., the scope of State officials entitled to immunity ratione personae, whether the commission of international crimes constitute officials acts, whether the immunity of State precludes a lawsuit towards State for breaches of jus cogens norms by acts that qualify as acta jure imperii, whether the diplomatic immunity pertains to high-ranking State officials other than ambassadors and diplomatic agents, etc. The explanations of other, less debatable questions, such as the distinction between personal and functional immunities for international crimes before national courts, is also provided. In the following part, I analyse the immunity of the incumbent high-ranking State officials before international courts, with a particular focus set on the ICC and Article 27 of the Rome Statute. Emphasizing provisions concerning international cooperation and judicial assistance to the ICC, I bring up Article 98 of the Rome Statute as a counterweight to the rejection of immunity before the ICC, and consider the interplay between both, Articles 27 and 98. Another point of divergence here is the question of which States fall under the scope of the term ‘third State’ in Article 98 of the Rome Statute. Furthermore, the analysis of the Al-Bashir case is provided through the application of the United Nations (UN) Security Council Resolution 1593 (2005), as well as Articles 25 and 103 of the UN Charter. Additionally, I intend to provide a method of resolving some of the ambiguities stemming out of the seemingly contradicting Rome Statute provisions by applying the rules of treaty interpretation, in particular its subsidiary means, discerning the object and purpose of the Rome Statute through the lenses of its Preamble. In the final part, I have sought out various other concepts that could supersede the immunity of high-ranking State officials for international crimes, including the jus cogens international crime exception to immunity, the obligation aut dedere aut judicare, and the universal jurisdiction.
Ključne besede: State immunity, immunity ratione personae, immunity ratione materiae, Heads of State, high-ranking State officials, international crimes, international courts, International Criminal Court (ICC), Rome Statute, Al-Bashir case, UN Security Council
Objavljeno: 23.07.2021; Ogledov: 260; Prenosov: 36
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Opis: Building on research focusing on the impact of digital technologies on the labour market, this paper provides an interpretation of major findings by reference to labour law in Slovenia. It is argued that the existing labour law in Slovenia does a reasonable job in dealing with the changes we are witnessing in digital economy. However, the problem is in the implementation of workers rights in practice. The workers are not taking action to enforce their legal rights as much as one could expect. In addition to this, employers do not put enough attention to the challenges that digitalisation brings in the field of health at work and in the field of workers% skills. Therefore, the Slovene government should embark upon a system of reforms to improve the promptness of courts in labour disputes. It should also appoint more labour inspectors. At the same time, employers should adopt practical solutions regarding the organisation of working process with aim to diminish the negative impacts of digitalisation on health at work. Furthermore, the employers should put more attention to the development of workers skills, especially those which, according to theory, will be crucial in the future.
Ključne besede: digital technology, technological progress, Slovene labour law, employment relations, working conditions, social security
Objavljeno: 15.01.2021; Ogledov: 105; Prenosov: 18
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Opis: Purpose: The purpose of the article is to study crime and crime prevention in the rural areas of Krasnodarskyi krai and the Republic of Adygea to make suggestions for how to enhance the public security system. Design/Methods/Approach: The following methods were applied to assess crime in the rural areas of the two Russian Southern regions for the period between 2015 and 2019: a statistical observation, and calculation of a crimes index analysis of law enforcement reports. Findings: In order to ensure public security of the population in rural areas it is necessary to decentralise the crime prevention system in Russia by transferring law enforcement powers to the municipal bodies, by creating municipal police and a system for the re-socialisation of former criminals. Research Limitations/Implications: Crime in the rural areas of Krasnodarskyi krai and the Republic of Adygea depends on the impact of local factors. As a result, the reasons and conditions of similar crimes in the rural areas of Central Russia might differ. Practical Implications: The results could be used by the local authorities in planning crime prevention measures and enhancing crime prevention in the rural areas of the regions under study. Originality / Value: The article is the first study of the criminological characteristics of crime in the rural areas of Krasnodarskyi krai and the Republic of Adygea since 2014, suggesting measures to boost crime prevention with regard to the contemporary socio-economic situation.
Ključne besede: public security, crime prevention, rural area, efficiency of police activity
Objavljeno: 04.01.2021; Ogledov: 170; Prenosov: 7
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Opis: Purpose: This paper aims to give an empirical overview of the ‘privatization’ of security (or, in a more narrow sense, policing) services within the former countries of the Socialist Federal Republic of Yugoslavia namely, Slovenia, Croatia, Serbia, Kosovo, Bosnia-Herzegovina, Macedonia and Montenegro. Observations are put in light of the extant literature on private policing worldwide. Design/Methods/Approach: The paper draws on a literature review of academic publications, NGO-reports and other relevant written sources. Findings: Although it is not possible to offer a full picture of the current developments in the region, we argue that the rise of private security markets shows significant variety throughout former Yugoslavian countries, as does the level of state regulation. Moreover, contrary to the views of doomsayers critical of the provision of commercial security, academics and observers alike are optimistic about private security personnel becoming a legitimate and stabilizing presence in post-conflict zones such as the Balkans. Research implications: The persistence of divergence in private policing trajectories within the former Yugoslavia underscores the need for more detailed cross-national studies that take account of differences, as well as similarities, in how commercial security industries are governed and regulated by state institutions. Practical implications: Public as well as private policy-makers in the field of security serve as appropriate anchor points to facilitate, direct and regulate private policing activities across the former Yugoslav republics. Originality/Value: The growing body of knowledge on private policing is heavily suffused by predominantly North American, Canadian, British and Australian studies. Nonetheless, research from countries outside the English speaking world has much to contribute to an understanding of private security industries. An examination of the Balkan countries that emerged from the breakup of Yugoslavia is particularly interesting when viewed as a post-conflict legacy.
Ključne besede: policing, private security, ex-Yugoslavia, cross-national comparison
Objavljeno: 12.05.2020; Ogledov: 403; Prenosov: 13
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Opis: Purpose: The purpose of this research article is to define and explain the role of security culture as an important factor in the provision of effective preparedness of security organisation members for managing new types of security challenges, which are transnational, asymmetric and complex in form. It should be noted that, to a great extent, the internalisation of security awareness and the attitude towards security information depends on the organisational dynamics in an organisation. The article will complement theoretical findings with the analysis of the nature of security culture in a security (military) organisation, the priority of which is a high level of awareness of the effects of security culture and its integration in individual and organisational values. Design/Methods/Approach: The article presents views of the Slovenian Armed Forces’ (SAF) members on the perception of factors relevant for the operation of processes forming security culture. The research was carried out on a sample of SAF employees who use classified information in their work. Altogether 53 respondents participated in the survey. The security culture was measured with questions in the form of 31 statements. The respondents answered these statements with the help of a five-level scale. The Cronbach’s alpha coefficient for the listed statements was 0.932. Finally, the nature of security culture was established with the help of a factor analysis. Findings: A factor analysis, carried out at the beginning of the analysis, helped establish six factors of security culture which enabled us to explain 71.99 percent of the variance. The identified factors intended for explaining security culture in the context of a military organisation are as follows: personnel requirements for management of classified information, competence for maintenance of security culture, attitude towards the protection of classified information, procedures for ensuring protection of classified information, recording and elimination of violations in the protection of classified information and organisational measures for management of classified information. The results of the survey carried out among the SAF employees demonstrated that the respondents estimated marked all identified security culture sets of contents above average, with marks ranging between 3 and 4 in all statements. Research limitations: The survey covered those SAF members who use classified information in their work. Hence the results of the survey are primarily applicable to the military environment and could not be generalized for other security organisations. Practical implications: The results of the survey can be directly applied to the management of processes for the protection and management of classified information in the SAF. Furthermore, they also indicate the application of the theoretical understanding of security culture’s significance to the success of security organizations’ performance. Originality/Value: The survey introduces an original approach to the measurement of security culture in security organisations. It can serve as a valuable basis for further research on the interaction of security culture with other factors in security organisations, such as for instance organisational culture. Practicians of criminal justice and security, military science and other similar scientific disciplines can also find this article useful in their further study of standpoints and attitudes of security organisations’ members about their role in the processes of establishing an appropriate security culture, as a precondition for effective management of new challenges and threats that we witness in the contemporary security environment.
Ključne besede: security culture, armed forces, classified information, Slovenia
Objavljeno: 04.05.2020; Ogledov: 303; Prenosov: 8
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