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International criminal justice is at a crossroads: International Criminal Tribunals for the former-Yugoslavia and Rwanda are closing and the International Criminal Court is developing growing activity. It is therefore crucial to adopt a new perspective in the analysis and understanding of the rationality and impacts of these post-mass crimes mechanisms: this would help clarify and strengthen their foundations and relevance. The purpose of our contribution is to present the analysis of international criminal institutions and justice better understand what kind of answers are given for mass crimes and if they achieve the goals and finalities they pursue, in taking into account the perspective of tried people (acquitted and condemned). More specifically, we analyse the discourses of around 60 individuals (made by semi-directive interviews conducted by the authors) who were tried by the ICTY and ICTR in order to approach experience and reception of international criminal law. This article is divided in two chapters. Before presenting the results of our research, we propose to develop a theoretical approach that would justify the recourse to "penal experience" of people prosecuted in order to analyse the rationality, functioning and impacts of international criminal justice. Our reasoning, based on conceptual landmarks drawn from the social sciences, allows us also to support a specific approach to the legal process as phenomenon. It is therefore not only addressed to sociologists, social psychologists or criminologists, but also to lawyers, who are, considering the foundations of their field, probably the most resistant to our approach. The article expounds first the necessity to establish a Respondents' approach. Secondly, we propose a presentation and analysis of discourses of tried people. It gives different results: firstly, the criminal process is poorly conceived, more so than the pronounced sentence. Moreover, the attributed responsibilities are rejected as a matter of principle, with a particular dismissal of forms that are specific to international criminal law i.e. command responsibility and joint criminal enterprise. These two results explain why international justice is viewed as unfair, politicised and as an outgroup justice. We analyse these findings against the backdrop of the current scholarly debates and developments concerning the forms of responsibility ascribed for international crimes, as well criminology research on biases in self-perceptions of responsibility. Secondly, discourses of tried people highlight domination and scapegoating rhetoric. Fourthly, we analyse specifically the experience of acquitted people. Indeed, acquittal is an unthought in international criminal law and the discourse of our participants confirms this assessment. So, these empirical results challenge the purposes pursued by international criminal law.

Undoubtedly, the effectiveness of combating drug trafficking crimes, in particular their smuggling, depends on the extent to which current legislation is in line with current realities of life and how it is applied in the judicial practice. It should be noted that the situation with regard to the spread of drug addiction in the country is explained not only by crisis phenomena in different spheres of public life, deterioration of socio-economic and socio-psychological state of a number of population groups, but also by significant shortcomings in the work of customs and law enforcement agencies. bodies, their material, technical, informational and legal support for counteracting drug smuggling. Despite the urgency and importance of the issue under consideration, no special dissertation studies on the criminal-law characterization of drug smuggling as a crime, as well as its counteraction by domestic scientists, were conducted. Part of the work being investigated has been covered in the work of researchers in the fields of criminal law and criminology, who have, to one degree or another, addressed the issue of criminal liability for drug offenses and counteracting drug trafficking. The foregoing testifies to the expediency and relevance of the in-depth study of the concept of drug smuggling under domestic and foreign legislation, its social dangers, a deeper study of objective and subjective features, which to some extent will help to increase the effectiveness of counteraction. Analyze the process of forming criminal and legal counteraction to drug smuggling in the historical and legal aspect. Statements regarding the public danger of drug smuggling for the purpose of disclosure in a modern manner. To carry out comparative legal analysis of the criminal legislation of foreign countries on establishing responsibility for drug smuggling. To carry out a legal analysis of the composition of the crime provided for in Article 305 of the Criminal Code of Ukraine. Identify ways to improve the fight against drug ...

There are estimated to be 2,077,000,000 people now alive at a given moment on the 51,104,000 square miles of the continents, subcontinents and islands which constitute the earth's inhabited land surface. They make extensive use of the 144,478,000 square miles of the world's water area. Within the past century the living generations have come to control the entire surface of the earth with substantial completeness through the mechanisms of society which they have created; but they do not even yet utilize its land areas fully.

Years ago Harold Berman observed that for many people in the west the term Soviet law represented a contradiction. Popular imagination found little place for law or criminal justice in a society where terror or extralegal coercion played a major role. Yet, as Berman argued, even in Stalin's Russia law and force existed side by side, and there was a "surprising degree of official compartmentalization of the legal and the extra-legal." Berman recognized that the separation of law and terror was no accident; rather it was a product of the regime's commitment to law and the functions it could perform for a stable, conservative social order. Three decades later western Sovietologists are only starting to come to terms with the conservative phase of Stalin's rule; and, despite a fine essay by Robert Sharlet, the promotion of law has yet to be incorporated into the standard portrait of Stalinism. A major reason is the continuation of doubts about the possibilities for law where terror also reigns.

It is, in certain cases, impossible for persons to tell in advance which states will have effective legislative jurisdiction over their acts. In these cases, it is impossible to tell in advance whose law the person must obey. This quandry arises where some national law purports to regulate outsiders and their acts in a manner arguably inconsistent with the international law of legislative jurisdiction. If the regulating state's courts do not allow challenges to jurisdiction based on international law, and the state of the outsider's nationality fails to protect her diplomatically, the outsider has no protection against excessive claims of jurisdiction. Some common law states, like the United States, have no thorough jurisdictional provisions in their criminal codes. In the United States, the presumption against extraterritorial effect, revitalized in the non-criminal case of Morrison v. Australia National Bank (U.S.S.Ct. 2010), can assist in minimizing the problem of "surprise" jurisdiction over persons who had no reason to know that they would be subject to United States criminal laws which do not specify the territory, persons, and situations outside the U.S. to which they apply. The presumption against extraterritorial effect might sensibly be given an "elemental" reading. The presumption against extraterritoriality would be triggered if neither subjective territoriality (an act committed in the U.S. constitutes an element of an offense) or objective territoriality (a result which is an element of the crime occurs on U.S. territory) is present. It is hard to believe that any state would give up the general right to control either wrongful acts or illegal effects on its own territory, despite statements made by certain countries in the Morrison litigation and its aftermath. In developing this argument, this paper suggests that, on average, in recent decades, Congress has been more attuned to the obligations of the United States as an entity under the international law of jurisdiction than have been the Courts.

Der Autor schildert in diesem Beitrag den Umgang der Gerichte mit Menschen, die sich juristisch gegen technische Anlagen wehren wollen. Solcher Umgang ist durch "eine Verengung der Perspektive, die Aussortierung des vom Gericht Beachteten" gekennzeichnet. Dies gelingt mit sogenannten "Filtern", die "wichtigen Aufbauprinzipien der bürgerlichen Gesellschaft entsprechen: Daß nicht der Nutzen einer neuen Technik, sondern nur ihr potentieller Schaden geprüft wird, entspricht der Beschränkung des liberalen Staates auf die Setzung eines Ordnungsrahmens. Daß das Schadenspotential nicht ganzer Technologien, sondern nur einzelner Anlagen geprüft wird, entspricht dem Gewaltenteilungsprinzip, welches solche allgemeine Fragen der Politik, und nicht den Gerichten überantwortet. Daß die Schädlichkeit einer Anlage nicht in ihrem kollektiven, sondern nur in in ihrem individuellen Aspekt geprüft wird und daß das Individuum sein Interesse nur materiell, nicht auch prozedural artikulieren darf, entspricht der (spezifisch deutschen) rechtsstaatlichen Reduktion des BÜrgers auf den Bourgeois." (psz)

El trabajo ante el que nos encontramos tiene como finalidad sumergirnos en el Derecho Penal Militar de España. Para ello, es necesaria una pequeña introducción histórica, continuando con el Derecho Procesal Militar, el Código Penal, las sanciones disciplinarias, Derecho Penitenciario Militar y, por último estableciendo la relación entre la Administración Penitenciaria y el sujeto penado. Notable importancia supone la mención a la jurisdicción castrense en nuestra Constitución, al igual que la necesaria condición de militar en los delitos del ámbito castrense, la competencia en tiempos de paz y en tiempos de guerra, el régimen y el tratamiento en prisión, y, la premisa básica de disciplina, jerarquía y cohesión en las Fuerzas Armadas. Finalmente, todo en conjunto nos permitirá conocer esta jurisdicción tan desconocida en las Universidades Españolas y en el día a día de un civil. ; The present project we are working on is aimed at immersing ourselves in the Spanish Military Criminal Law. Therefore, an analysis will be made on the historical introduction, continuing with the Military Procedural Law, the Penal Code, disciplinary sanctions, Military Penitentiary Law, and finally establishing the relationship between the Penitentiary Administration and the subject punished. Remarkably important is mentioning the military jurisdiction in our Constitution, as well as the necessary military status in military crimes, competition in times of peace and in times of war, regime and treatment in prison, and the basic premise of discipline, hierarchy, and cohesion in the Armed Forces. Finally, everything together will allow Spanish universities and citizens to understand the components of this jurisdiction. ; Máster Universitario en Acceso a la Profesión de Abogado (M155)