Search results for: military courts

Authors: Dini Dewi Heniarti

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Military Court which is a judicial institution within the military institution has a heavy duty. Military court has to ensuring a fair legal process for military personnel (due process of law) and enforces military discipline. Military justice must also ensure protects the rights of military personnel. In Indonesia tren of military court changes in vision. The debate is happened on the jurisdiction of military court that allegedly has the potential existence of impunity. The Decree of People’s Consultative Assembly Number VII/MPR/2000 which states that the army general who committed the crime should not be tried in military court is one that underlies the proposed amendment limits the jurisdiction of military court. For the identify of the background in a specific format that is limited to juridical review. The goals this research is to gain knowledge, deep understanding and the concept of jurisdiction of military courts for military members who committed general crimes in adjudication procedure from the perspective of legal reform as alternative to establish independency of military judiciary. This research using Rule of Law as Grand Theory, Development Legal Theory as a Middle Theory and Criminal Justice System and concept of jurisdiction as supporting as Applied Theory. This study using a normative juridical approach, and equipped by primary data juridical approach of historical and comparative approach. The author uses descriptive analytical specifications. The main data used in this research is secondary data, which includes primary legal materials, secondary legal material and legal materials tertiary. Analysis primary data and qualitative data is done legally. Technique checking the validity of the data in this study used multiple methods with the research triangulation. This paper will demonstrate the problems concerning the jurisdiction of military courts for military personnel who committed general crimes in perspective of military justice reform Indonesia and adjudication procedures for military member who committed general crimes in the military justice system in Indonesia, as alternative to establish independency of judiciary in military justice in Indonesia. Comparative approached the military justice system from another countries is aimed to development military justice in Indonesia.

Keywords: jurisdiction, military courts, military justice, independency of judiciary

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Authors: Kevin Krupski

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Private Military Security Companies have grown to become a major force contributor to nations in military operations. Scholars have debated the implications of this in relation to control and efficiency related to the privatization of violence, but there has been little discussion on how these companies affect the profession of arms. Specifically, this paper seeks to address how the privatization of violence influences the military’s stewardship, whether private military security companies are capable of stewardship of the military profession, and whether there are aspects of stewardship of the military profession that private military security companies are capable of emulating. This paper reviews literature on stewardship, the relationship of the military to the state, and private military security companies in order to identify overlap between uniformed military services and the private sector. Then, it offers a typology for determining under what conditions an organization would act as a steward. Ultimately, there are insufficient reasons for private military security companies to act as stewards of the profession of arms.

Keywords: stewardship, military profession, civil-military, security

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Authors: Des Lambley

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The scope and scale of crime in the AIF is a subject largely overlooked by historians preferring to narrate the macro-scale topics. This examination exposes some 17,000 military criminals, 414 of them officers and illustrates how military law imposed itself. This subjective sociological perspective humanises the impacts of war upon soldiers. Examples of the crimes, their seriousness, punishments and military justice tell of cause and effect linkages between crime, stress and illness. The discourse is derived from original official military sources in the Australian Archives.

Keywords: Australia, AIF, Military Crime, WW1, Officers

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Authors: El Harbi Sana, Ben Afia Neila

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In this paper, we study the relationship between the military effort and pollution. A distinction is drawn between the direct and indirect impact of the military effort (military expenditure and military personnel) on pollution, which operates through the impact of military effort on per capita income and the resultant impact of income on pollution. Using the data of 121 countries covering the period 1980–2011, both the direct and indirect impacts of military effort on air pollution emissions are estimated. Our results show that the military effort is estimated to have a positive direct impact on per capita emissions. Indirect effects are found to be positive, the total effect of military effort on emissions is positive for all countries.

Keywords: military endeavor, income, emissions of CO2, panel data

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Authors: Ahmet Ali Turk, Muhterem Bayram

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In this study, it is intended to determine that what kind of traps military leaders fall into during the decision making and how they make take a measure against them. In the study, the domestic and foreign literature on the military leadership has been reviewed and military decision-making process of the different countries has been introduced and study has been designed by making interviews as a sample with 50 people who had made military leadership. The issues resulting from the literature review that led to wrong decisions of military leaders and the points obtained as a result of interview have been evaluated by comparing. As a result, it has been emerged that the personnel who have made especially military leadership are in tendency of making the wrong decision due to decision traps such as excessive self-confidence, lack of experience, unplanned movement, hasty decision making and prohibitive conditions and also the need for increased situational awareness about this condition has been emerged.

Keywords: military leadership, decision making, military decision making, military decision making traps

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Authors: Carlos Joel Tchawouo Mbiada

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This paper intends to refrain from debating the different meanings of justice, such as its social or moral meaning, nor to discuss the different theories of justice. This paper focuses on the legal understanding of access to justice to mean access to the court. Using the Labour and Labour Appeal Courts as a case study, this paper investigates whether the composition of the bench, the personnel and state mechanisms to promote access to court offer ideal conditions to access to court. The investigation is benchmarked against the South African new constitutional order underpinned by the concept of social justice to eradicate past injustices. To provide justice to all, the Constitution of the Republic of South Africa 1996 guarantees the right to access to the court. The question that takes centre stage in this paper is whether litigants are denied the right to access the Labour and Labour Appeal Courts. The paper argues that factors such as the status of the Labour and Labour Appeal Courts, the number of judges, and the building structure prevent litigants from accessing these courts. The paper advocates for a legislative overhaul of the Labour and Labour Appeal Courts structure so that litigants may access the courts. Until such time, the paper argues that the right to access the Labour and Labour Appeal Courts would remain far from the reach of many litigants.

Keywords: access to justice, access to court, labour court, labour appeal court

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Authors: Mehmet Eren Çelik

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Values are notions that help people to decide what is good or not and to direct their attitude. Teaching values has always been very important throughout the history. Values should be thought in younger ages to get more efficiency. Therefore military schools are the last stop to learn values effectively. That’s why values education in military schools has vital importance. In this study the military side of values education is examined. The purpose of the study is to show how important values education is and why military students need values education. First of all what value is and what values education means is clearly explained and values education in schools and specifically in military schools is stated. Then values education in Işıklar Air Force High School exemplifies the given information.

Keywords: Işıklar Air Force High School, military school, values, values education

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Authors: Chintan Chandrachud

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When primary legislation is challenged for breaching fundamental rights, many courts around the world adopt interpretive techniques to avoid finding such legislation incompatible or invalid. In the UK, these techniques find sanction in section 3 of the Human Rights Act 1998, which directs courts to interpret legislation in a manner which is compatible with European Convention rights, ‘so far as it is possible to do so’. In India, courts begin with the interpretive presumption that Parliament intended to comply with fundamental rights under the Constitution of 1949. In comparing rights-compliant interpretation of primary legislation under the Human Rights Act and the Indian Constitution, this paper makes two arguments. First, that in the absence of a section 3-type mandate, Indian courts have a smaller range of interpretive tools at their disposal in interpreting primary legislation in a way which complies with fundamental rights. For example, whereas British courts frequently read words into statutes, Indian courts consider this an inapposite interpretive technique. The second argument flows naturally from the first. Given that Indian courts have a smaller interpretive toolbox, one would imagine that ceteris paribus, Indian courts’ power to strike down legislation would be triggered earlier than the declaration of incompatibility is in the UK. However, this is not borne out in practice. Faced with primary legislation which appears to violate fundamental rights, Indian courts often reluctantly uphold the constitutionality of statutes (rather than striking them down), as opposed to British courts, which make declarations of incompatibility. The explanation for this seeming asymmetry hinges on the difference between the ‘strike down’ power and the declaration of incompatibility. Whereas the former results in the disapplication of a statute, the latter throws the ball back into Parliament’s court, if only formally.

Keywords: constitutional law, judicial review, constitution of India, UK Human Rights Act

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Authors: Pataramon Satalak, Sakrit Isariyanon, Teerapong Puripanik

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This article uses the recent events in Thailand as a case study for examining why democratic transition is necessary during political upheaval to ensure that the people’s power remains unaffected. After seizing power in May 2014, the military, backed by anti-government protestors, selected and established their own system to govern the country. They set up the National Council for Peace and Order (NCPO) which established a People’s Assembly, aiming to reach a compromise between the conflicting opinions of former, pro-government and anti-government protesters. It plans to achieve this through political reform before returning sovereign power to the people via an election in 2018. If a governmental authority is not representative of the people (e.g. a military government) it does not count as a legitimate government. During the last four years of military government, from May 2014 to January 2018, their rule of Thailand has been widely controversial, specifically regarding their commitment to democracy, human rights violations and their manipulation of the rule of law. Democratic legitimacy relies not only on established mechanisms for public participation (like referendums or elections) but also public participation based on accessible and educational reform (often via NGOs) to ensure that the free and fair will of the people can be expressed. Through their actions over the last three years, the Thai military government has damaged both of these components, impacting future public participation in politics. The authors make some observations about the specific actions the military government has taken to erode the democratic legitimacy of future public participation: the increasing dominance of military courts over civil courts; civil society’s limited involvement in political activities; the drafting of a new constitution and their attempt to master support through referenda and its consequence for delaying organic law-making process; the structure of the legislative powers (Senate and the members of parliament); and the control of people’s basic freedoms of expression, movement and assembly in political activities. One clear consequence of the military government’s specific actions over the last three years is the increased uncertainty amongst Thai people that their fundamental freedoms and political rights will be respected in the future. This will directly affect their participation in future democratic processes. The military government’s actions (e.g. their response to the UN representatives) will also have influenced potential international engagement in Thai civil society to help educate disadvantaged people about their rights, and their participation in the political arena. These actions challenge the democratic idea that there should be a checking and balancing of power between people and government. These examples provide evidence that a democratic transition is crucial during any process of political transformation.

Keywords: political tranformation, public participation, Thailand coup d'etat 2014, election 2018

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Authors: M. Erhan Orhan, Onur Ozdemir

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Expansion of area of operation and increasing diversity of threats forced the military organizations to change in many ways. However, tacit knowledge still is the most fundamental component of organizational knowledge. Since it is human oriented and in warfare human stands at the core of the organization. Therefore, military organizations should find effective ways of systematically utilizing tacit knowledge. In this context, this article suggest some methods for turning tacit knowledge into explicit in military organizations.

Keywords: tacit knowledge, military, knowledge management, warfare, technology

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Authors: Dorsa Bakhshandehgeyazdi

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This article tries to comprehend the change of Turkish common military relations in an analogical viewpoint. The investigation is taking into account two criteria: institutional / legitimate systems and political oversight of the military's self-sufficiency. Examination of European furthermore, Middle Eastern common military relations models to the Turkish ideal model discloses grave contrasts in the middle of Turkish and Middle Eastern common military relations. The Turkish model in change for not less than 10 years is closer to the European show in both lawful and political perspectives. However, the article underscores that Turkish common military relations are still in change and despite the fact that the EU increase procedure has continuously democratized the legitimate arrangement of the nation, law based combining obliges further advances in the political area. A the result, stabilization in Turkey depends not just on withdrawing of the military from the political domain, additionally on the best possible civilization of the administration in hypothesis and practice.

Keywords: Turkish common military, institutional, legitimate systems, political oversight, middle Eastern common military

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Authors: Mahshid TalebianKiakalayeh

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As AI technologies can be used by both civilians and soldiers, it is vital to consider the consequences emanating from AI military as well as civilian use. Indeed, many of the same technologies can have a dual-use. This paper will explore the military uses of AI and assess its compliance with international legal norms. AI developments not only have changed the capacity of the military to conduct complex operations but have also increased legal concerns. The existence of a potential legal vacuum in legal principles on the military use of AI indicates the necessity of more study on compliance with International Humanitarian Law (IHL), the branch of international law which governs the conduct of hostilities. While capabilities of new means of military AI continue to advance at incredible rates, this body of law is seeking to limit the methods of warfare protecting civilian persons who are not participating in an armed conflict. Implementing AI in the military realm would result in potential issues, including ethical and legal challenges. For instance, when intelligence can perform any warfare task without any human involvement, a range of humanitarian debates will be raised as to whether this technology might distinguish between military and civilian targets or not. This is mainly because AI in fully military systems would not seem to carry legal and ethical judgment, which can interfere with IHL principles. The paper will take, as a case study, Canada’s compliance with IHL in the area of AI and the related legal issues that are likely to arise as this country continues to develop military uses of AI.

Keywords: artificial intelligence, military use, international humanitarian law, the Canadian perspective

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Authors: Emmanuela Ngozi Maduka

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In Nigeria, civil-military relations is at its lowest point as a result of the challenges emanating from incessant initiation of military aid to civil authorities (MACA) for internal security operations. This paper is concerned with the question whether it is appropriate for the military to handle internal security crisis with exception to terrorism and armed militia. It analyses the legal framework for MACA in internal security operations which appear to be in contradiction with military tactical and equipment training. The paper argues that the expectation that transitional re-training of the military for internal security operations will reconcile these inconsistencies specifically on the issue of use of force is not practicable and will always pose challenges for both the military and the citizens. Accordingly, this paper adopts a socio-legal methodology for better clarity on the interactions between the legal framework on MACA and military internal security operations. The paper also identifies the lack of effective and proficient paramilitary within the security design of Nigeria as the key issue which results in incessant initiation of MACA and advocates for the establishment of an effective and proficient paramilitary to effectively handle internal security crisis within Nigeria.

Keywords: civil-military relations, MACA, military training, operational challenges, paramilitary, use of force

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Authors: Judge Paul Smith

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Abstract—This paper addresses the use and admissibility of psychiatric/psychological evidence in Australia Courts. There have been different approaches in the Courts to the acceptance of such expert evidence. It details how such expert evidence is admissible at trial and sentence. The methodology used is an examination of the decided cases and relevant legislative provisions which relate to the admission of such evidence. The major findings are that the evidence can be admissible if it is relevant to issues in a trial or sentence. It concludes that psychiatric/psychological evidence can be very useful and indeed may be essential at sentence or trial.

Keywords: criminal, law, psychological, evidence

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Authors: Mingsiang Chen

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The increasing transactions among countries worldwide have brought about a trend of comparative law research in the legal community. An important branch of legal research, i.e., constitutional law, is no exception to the trend. The comparative study of constitutional law takes various forms, and one of these is to study the use of foreign law by constitutional courts. There are, in essence, three sources of foreign law usually used by constitutional courts: foreign constitutions, decisions by foreign constitutional courts, and legal theories developed by foreign scholars. There are two types of using foreign law by constitutional courts: citing any of the forenamed sources for reference purpose, ruling based on the contents or logic of any of the forenamed sources. This paper examines all the decisions handed down by the Constitutional Court of Taiwan from 1990 to 2017. Its purpose is to seek out the occasions, the extent, the significance, and the approach of such usage.

Keywords: comparative constitutional law, constitutional court, judicial review, Taiwan judiciary

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Authors: Lobna Cherif, Valerie Wood

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The importance of both character and resilience for military members has been emphasized at the highest levels of military leadership. Initial research suggests that the presence of character strengths might be relevant in predicting success and well-being for some military populations (e.g., recruits). In this presentation, we will first review our research investigating the perceived importance of character strengths for Canadian military cadet (N = 134) success, the top strengths endorsed by cadets, and, in a subset of cadets (n = 94), the relationships among core strengths and resilience. Participants first completed a survey comprised of a resilience measure and demographic items, then one month later completed a Values in Action (VIA) character strengths profile, questions related to character strengths (their personal top-five character strengths, and strengths they believed were important for military-related stressors and leadership, academic success, resilience, and completion of the military challenge). Findings indicated that military cadets consider (among others), perseverance, judgment, and teamwork to be most critical for bouncing back from stressors. However, the most frequently endorsed strengths that characterized cadets were bravery, honesty, and perseverance. Finally, perseverance, bravery, and humor were positively correlated with cadet resilience, while endorsement of love was negatively correlated with resilience.

Keywords: character strengths, leadership, positive psychology, resilience

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Authors: Chad A. Long

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The United States military is now commonly responding to complex humanitarian emergencies and natural disasters around the world. From catastrophic earthquakes in Haiti to typhoons devastating the Philippines, U.S. military assistance is requested when the event exceeds the local government's ability to assist the population. This study assesses the characteristics of catastrophes that surpass a nation’s individual ability to respond and recover from the event. The paper begins with a historical summary of military aid and then analyzes over 40 years of the United States military humanitarian response. Over 300 military operations were reviewed and coded based on the nature of the disaster. This in-depth study reviewed the U.S. military’s deployment events for cyclones and earthquakes to determine the strength of the natural disaster requiring external assistance. The climatological data for cyclone landfall and magnitude data for earthquake epicenters were identified, grouped into regions and analyzed for time-based trends. The results showed that foreign countries will likely request the U.S. military for cyclones with speeds greater or equal to 125 miles an hour and earthquakes at the magnitude of 7.4 or higher. These results of this study will assist the geographic combatant commands in determining future military response requirements.

Keywords: military, natural disasters, earthquakes, cyclone

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Authors: H. W. Meerveld, R. H. A. Lindelauf

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In contemporary warfare, data science is crucial for the military in achieving information superiority. Yet, to the authors’ knowledge, no extensive literature survey on data science in military decision-making has been conducted so far. In this study, 156 peer-reviewed articles were analysed through an integrative, semi-systematic literature review to gain an overview of the topic. The study examined to what extent literature is focussed on the opportunities or risks of data science in military decision-making, differentiated per level of war (i.e. strategic, operational, and tactical level). A relatively large focus on the risks of data science was observed in social science literature, implying that political and military policymakers are disproportionally influenced by a pessimistic view on the application of data science in the military domain. The perceived risks of data science are, however, hardly addressed in formal science literature. This means that the concerns on the military application of data science are not addressed to the audience that can actually develop and enhance data science models and algorithms. Cross-disciplinary research on both the opportunities and risks of military data science can address the observed research gaps. Considering the levels of war, relatively low attention for the operational level compared to the other two levels was observed, suggesting a research gap with reference to military operational data science. Opportunities for military data science mostly arise at the tactical level. On the contrary, studies examining strategic issues mostly emphasise the risks of military data science. Consequently, domain-specific requirements for military strategic data science applications are hardly expressed. Lacking such applications may ultimately lead to a suboptimal strategic decision in today’s warfare.

Keywords: data science, decision-making, information superiority, literature review, military

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Authors: Ismail Menderes Sema, Murat Sözen, M. K. Barış

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The strategy is about winning or preventing your enemy from winning. The origin of the term comes from the military. After utilizing the strategy for limited military purposes in early ages, soldiers and statesmen used the term together to achieve the goals of states. In ancient times, those people who made strategy and implemented it was the same. With the industrial revolution, the strategy changed like everything and the term “grand strategy” came forward. Today, from business to economy, management to philosophy there is a broad using of the term strategy. Economic strategy, business strategy, trade strategy, irrigation strategy, and even recruitment strategy are used by professionals. The purpose of this study is to analyze the evolution of the strategy and clarify actually what is about.

Keywords: strategy, military, art, grand strategy, strategist

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Authors: Fatima Ahdash

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Over the last 6-7 years, the UK has resorted to using the family courts and the family justice system more generally as a way of dealing with children and young people either traveling to or returning from ISIS territories in the Middle East. This is an important innovation in counter-terrorism laws and practices in the UK: never before have the family courts been used for the purpose of preventing and countering terrorism anywhere in the world. This paper will examine this innovation; it will explore how, why, and the implications of the interaction between family law and counter-terrorism, particularly on the human rights of the parents and children involved. It will question whether the use of the family courts provides a more useful, and perhaps human rights compliant, method of tackling terrorism and extremism when compared to other more Draconian legal and administrative methods.

Keywords: counter-terrorism, family justice, law, human rights

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Authors: Cumhur Cansever, Selcuk Er

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There is an increasing cooperation and interaction between the military logistic systems and civil organizations operating in today's market. While the scope and functions of civilian logistics have different characteristics, military logistics tries to import some applications that are conducted by private sectors successfully. Also, at this point, the determination of the optimal point of integration and interaction between civilian and military logistics has emerged as a key issue. In this study, the mutual effects between military and civilian logistics and their most common integration areas, (Supply Chain Management (SCM), Integrated Logistics Support (ILS) and Outsourcing) will be examined with risk analysis and determination of basic skills evaluation methods for determining the optimum point in the integration.

Keywords: core competency, integrated logistics support, outsourcing, supply chain management

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Authors: Chiu-Pin Wei

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This research aims to explore the impact of music preferences on the emotional well-being of military academy students, recognizing the potential long-term implications for their high-stress careers post-graduation. Given the significance of positive emotion regulation in military personnel, this study focuses on understanding the types of music preferred by military cadets and analyzing how these preferences correlate with their emotional states. The study employs a quantitative approach, utilizing the Music Category Scale and Mood Scale to collect data. Statistical tools, such as Statistical Product and Service Solutions (SPSS), are employed for inferential analysis, including t-tests for emotional responses to instrumental and vocal music, one-way variance analysis for different demographic factors (grades, genders, and music listening frequencies), and Pearson's correlation to examine the relationship between music preferences and moods of military students.

Keywords: music preference, emotional regulation, military academic students, SPASS

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Authors: Petra Hurbišová, Monika Davidová

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The article deals with the readiness of military professionals for challenging situations. It discusses higher requirements on the psychical endurance of military professionals arising from the specific nature of the military occupation, which is typical for being very difficult to maintain regularity, which is in accordance with the hygiene of work alternated by relaxation. The soldier must be able to serve in the long term and constantly intense performance that goes beyond human tolerance to stress situations. A challenging situation is always associated with overcoming difficulties, obstacles and complicated circumstances or using unusual methods, ways and means to achieve the desired (expected) objectives, performing a given task or satisfying an important need. This paper describes the categories of challenging situations, their classification and characteristics. Attention is also paid to the formation of personality in challenging situations, coping with stress in challenging situations, Phases of solutions of stressful situations, resistance to challenging life situations and its factors. Finally, the article is focused on increasing the readiness of military professionals for challenging situations.

Keywords: coping, challenging situations, stress, stressful situations, military professionals, resilience

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Authors: I. Salas-Menotti

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Problem-solving courts were created to assist offenders with specific needs that were not addressed properly in traditional courts. Problem-solving courts' main objective is to pursue solutions that will benefit the offender, the victim, and society as well. These courts were developed as an innovative response to deal with issues such as drug abuse, mental illness, and domestic violence. In Brooklyn, men who are charged with domestic violence related offenses for the first time are offered plea bargains that include the attendance to a domestic abuse intervention program as a condition to dismiss the most serious charges and avoid incarceration. The desired outcome is that the offender will engage in a program that will modify his behavior avoiding new incidents of domestic abuse, it requires accountability towards the victim and finally, it will hopefully bring down statistic related to domestic abuse incidents. This paper will discuss the effectiveness of the Duluth model as applied to Spanish-speaking men mandated to participate in the program by the specialized domestic violence courts in Brooklyn. A longitudinal study was conducted with 243 Spanish- speaking men who were mandated to participated in the men's program offered by EAC in Brooklyn in the years 2016 through 2018 to determine the recidivism rate of domestic violence crimes. Results show that the recidivism rate was less than 5% per year after completing the program which indicates that the intervention is effective in preventing new abuse allegations and subsequent arrests. It's recommended that comparative study with English-speaking participants is conducted to determine cultural and language variables affecting the program's efficacy.

Keywords: domestic violence, domestic abuse intervention programs, Problem solving courts, Spanish-speaking offenders

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Authors: Sahbi Farhani

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This study investigates the relationship between external debt and military spending in case of India over the period of 1970–2012. In doing so, we have applied the structural break unit root tests to examine stationarity properties of the variables. The Auto-Regressive Distributed Lag (ARDL) bounds testing approach is used to test whether cointegration exists in presence of structural breaks stemming in the series. Our results indicate the cointegration among external debt, military spending, debt servicing, and economic growth. Moreover, military spending and debt servicing add in external debt. Economic growth helps in lowering external debt. The Vector Error Correction Model (VECM) analysis and Granger causality test reveal that military spending and economic growth cause external debt. The feedback effect also exists between external debt and debt servicing in case of India.

Keywords: external debt, military spending, ARDL approach, India

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Authors: Lynndee Kemmet

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The U.S. military plays an increasing role in supporting political stability efforts, and this includes efforts to prevent the food insecurity that can trigger political and social instability. This paper presents a model that assists military commanders in identifying variables that impact food production and distribution in their areas of operation (AO), in identifying connections between variables and in assessing the impacts of those variables on food production and distribution. Through use of the model, military units can better target their data collection efforts and can categorize and analyze data within the data categorization framework most widely-used by military forces—PMESII-PT (Political, Military, Economic, Infrastructure, Information, Physical Environment and Time). The model provides flexibility of analysis in that commanders can target analysis to be highly focused on a specific PMESII-PT domain or variable or conduct analysis across multiple PMESII-PT domains. The model is also designed to assist commanders in mapping food systems in their AOs and then identifying components of those systems that must be strengthened or protected.

Keywords: food security, food system model, political stability, US Military

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Authors: Jeanne-Mari Retief

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As of November 2016, three African states have withdrawn from the International Criminal Court (ICC) and more are expected to follow. The alleged abuse of universal jurisdiction and targeting of African states by the ICC motivated the withdrawals. These historical exits raise many questions, especially in regard to the adequate investigation and prosecution of international crimes in a continent with a history of impunity. Even though African courts exist and one more is proposed, many issues remain i.e. adequate access to the courts, the extent of the courts’ jurisdiction, and proposed methods of effectively dealing with international crimes in Africa. This paper seeks to address the practical effects of the withdrawal from the ICC and the problems posed through utilizing regional courts. It will specifically look at the practical challenges existing courts face, the lack of access to the latter, issues concerning the proposed African Court for Justice and Human Rights, and the shocking promotion of impunity in Africa. These all have severe implications for African citizens and victims of the most heinous crimes. The mantra of African solutions to African problems places an important duty on states to ensure the actual provision of these solutions, which can only be achieved through a critical analysis of the questions above.

Keywords: ACJHR, Africa, impunity, justice, Malabo protocol

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Authors: Yi Anson Lam, Siu Ming Yiu, Kam Pui Chow

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Digital evidence has been tendering to courts at an exponential rate in recent years. As an industrial practice, most digital evidence is extracted and preserved using specialized and well-accepted forensics tools. On the other hand, the advancement in technologies enables the creation of quite a few emerging platforms such as Telegram, Signal etc. Existing (well-accepted) forensics tools were not designed to extract evidence from these emerging platforms. While new forensics tools require a significant amount of time and effort to be developed and verified, this paper tries to address how to fill this gap using quick-fix alternative methods for digital evidence collection (e.g., based on APIs provided by Apps) and discuss issues related to the admissibility of this evidence to courts with support from international courts’ stance and the circumstances of accepting digital evidence using these proposed alternatives.

Keywords: extraction, digital evidence, laws, investigation

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Authors: Deretha Bester

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This research employs a theoretical framework to investigate the interplay between factors that lead from predatory governance and predatory rule to military coups, utilizing the frustration-aggression theory as its guiding lens. It adopts a case-oriented approach and employs thematic analysis to examine the socio-economic, governance, and political environment that precipitated the August 2020 Malian military coup. Presenting seven key themes, it reveals how predatory rule and its manifestation in the Malian context was a critical factor in paving the way for the military coup. The study provides critical reflections into the historical, regional, and political dynamics reshaping Africa’s changing political landscape. It presents a conceptual model to comprehend how predatory governance fosters conditions favorable for military coups. Insights from the Malian case study offer valuable perspectives for analyzing events in comparable contexts. This understanding is crucial for grasping the precursors and impact of predatory rule and popular frustrations in contexts where military coups emerge.

Keywords: predatory rule, military coups, socio-political analysis, frustration-aggression theory, Mali

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Authors: Serdal AKYUZ

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The smart power is the use of soft and hard power together in consideration of existing circumstances. Soft power can be defined as the capability of changing perception of any target mass by employing policies based on legality. The hard power, generally, uses military and economic instruments which are the concrete indicator of general power comprehension. More than providing a balance between soft and hard power, smart power creates a proactive combination by assessing existing resources. Military targeting process (MTP), as stated in smart power methodology, benefits from a wide scope of lethal and non-lethal weapons to reach intended end state. The Smart powers components can be used in military targeting process similar to using of lethal or non-lethal weapons. This paper investigates the current use of Smart power concept, MTP and presents a new approach to MTP from smart power concept point of view.

Keywords: future security environment, hard power, military targeting process, soft power, smart power

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