Search results for: Military justice system.

Authors: Dini Dewi Heniarti

Abstract:

The importance of this study is to understand how Indonesian military court asserts its jurisdiction over military members who commit general crimes within the Indonesian military judiciary system in comparison to other countries. This research employs a normative-juridical approach in combination with historical and comparative-juridical approaches. The research specification is analytical-descriptive in nature, i.e. describing or outlining the principles, basic concepts, and norms related to military judiciary system, which are further analyzed within the context of implementation and as the inputs for military justice regulation under the Indonesian legal system. Main data used in this research are secondary data, including primary, secondary and tertiary legal sources. The research focuses on secondary data, while primary data are supplementary in nature. The validity of data is checked using multi-methods commonly known as triangulation, i.e. to reflect the efforts to gain an in-depth understanding of phenomena being studied. Here, the military element is kept intact in the judiciary process with due observance of the Military Criminal Justice System and the Military Command Development Principle. The Indonesian military judiciary jurisdiction over military members committing general crimes is based on national legal system and global development while taking into account the structure, composition and position of military forces within the state structure. Jurisdiction is formulated by setting forth the substantive norm of crimes that are military in nature. At the level of adjudication jurisdiction, the military court has a jurisdiction to adjudicate military personnel who commit general offences. At the level of execution jurisdiction, the military court has a jurisdiction to execute the sentence against military members who have been convicted with a final and binding judgement. Military court's jurisdiction needs to be expanded when the country is in the state of war.

Keywords: Military courts, Jurisdiction, Military members, Military justice system.

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Authors: Vanda Božić, Željko Nikač

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The wars and armed conflicts have often resulted in violations of international humanitarian law, and often commit the most serious international crimes such as war crimes, crimes against humanity, aggression and genocide. However, only in the XX century the rule was articulated idea of establishing a body of international criminal justice in order to prosecute these crimes and their perpetrators. The first steps in this field have been made by establishing the International military tribunals for war crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. In the end, The International Criminal Court was established in Rome in 1998 with the aim of justice and in order to give satisfaction the victims of crimes and their families. The aim of the paper was to provide a historical and comparative analysis of the institutions of international criminal justice based on which these institutions de lege lata fulfilled the goals of individual criminal responsibility and justice. Furthermore, the authors suggest de lege ferenda that the Permanent International Criminal Tribunal, in addition to the prospective case, also takes over the current ICTY and ICTR cases.

Keywords: International crimes, international criminal justice, prosecution of crimes, Ad Hoc tribunal, the International Criminal Court.

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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 expenditure, military personnel, income, emissions of CO2 and panel data.

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Authors: Leila Batmany

Abstract:

This research studies the relationship between the feeling of distributive justice and national identity of the youth. The present analysis intends to experimentally investigate the various dimensions of the justice feeling and its effect on the national identity components. The study has taken justice into consideration from four different points of view on the basis of availability of valuable social sources such as power, wealth, knowledge and status in the political, economic, and cultural and status justice respectively. Furthermore, the national identity has been considered as the feeling of honour, attachment and commitment towards national society and its seven components i.e. history, language, culture, political system, religion, geographical territory and society. The 'field study' has been used as the method for the research with the individual as unit, taking 368 young between the age of 18 and 29 living in Tehran, chosen randomly according to Cochran formula. The individual samples have been randomly chosen among five districts in north, south, west, east, and centre of Tehran, based on the multistage cluster sampling. The data collection has been performed with the use of questionnaire and interview. The most important results are as follows: i) The feeling of economic justice is the weakest one among the youth. ii) The strongest and the weakest dimensions of the national identity are, respectively, the historical and the social dimension. iii) There is a positive and meaningful relationship between the feeling political and statues justice and then national identity, whereas no meaningful relationship exists between the economic and cultural justice and the national identity. iv) There is a positive and meaningful relationship between the feeling of justice in all dimensions and legitimacy of the political system. There is also such a relationship between the legitimacy of the political system and national identity. v) Generally, there is a positive and meaningful relationship between the feeling of distributive justice and national identity among the youth. vi) It is through the legitimacy of the political system that justice feeling can have an influence on the national identity.

Keywords: Distributive justice, national identity, legitimacy of political system, Cochran formula, multistage cluster sampling.

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Authors: Kalayanee Koonmee

Abstract:

An incentive for performance, as one subsystem of a new performance management system, has been implemented in the Thai public sector since 2004. This research investigates the development of organizational justice in the incentive allocation by comparing the roles of distributive and procedural justice on national personnel-s attitudinal outcomes (incentive satisfaction and job performance) between 2 periods, i.e. 2006 and 2008. The data were collected via self-administered questionnaires completed by national government officers and employees. They were stratified using multistage sampling with 2,600 usable samples or 72.0% response rate in 2006, and 1,969 usable samples or 59.3% in 2008. The findings are: (1) There is no difference in means between the two periods relating to distributive justice, procedural justice, incentive satisfaction and job performance. (2) Distributive justice and procedural justice played more important roles in predicting incentive satisfaction and job performance in 2008 than in 2006.

Keywords: Distributive justice, incentive allocation, proceduraljustice, Thai public sector.

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Authors: R. Hajkova, J. Palecek, H. Malachova, A. Oulehlova

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Ensuring of continuity of business is basic strategy of every company. Continuity of organization activities includes comprehensive procedures that help in solving unexpected situations of natural and anthropogenic character (for example flood, blaze, economic situations). Planning of continuity operations is a process that helps identify critical processes and implement plans for the security and recovery of key processes. The aim of this article is to demonstrate application of system approach to managing business continuity called business continuity management systems in military issues. This article describes the life cycle of business continuity management which is based on the established cycle PDCA (Plan- Do-Check-Act). After this is carried out by activities which are making by University of Defence during activation of forces and means of the integrated rescue system in case of emergencies - accidents at a nuclear power plant in Czech Republic. Activities of various stages of deployment earmarked forces and resources are managed and evaluated by using MCMS application (Military Continuity Management System).

Keywords: Business continuity management system, emergency management, military, nuclear safety.

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Authors: O. Boe, A. Langaard Jensen

Abstract:

The Norwegian Military Academy (Army) has been using a tactical simulator for the last two years. During this time there has been some discussion concerning how to use the simulator most efficiently and what type of learning one achieves by using the simulator. The problem that is addressed in this paper is how simulators can be used as a learning resource for students concerned with developing their military profession. The aim of this article is to create a wider consciousness regarding the use of a simulator while educating officers in a military profession. The article discusses the use of simulators from two different perspectives. The first perspective deals with using the simulator as a computer game, and the second perspective looks at the simulator as a socio-cultural artefact. Furthermore the article discusses four different ways the simulator can be looked upon as a useful learning resource when educating students of a military profession.

Keywords: Learning, military, profession, simulator.

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Authors: Mahshid Talebian Kiakalayeh

Abstract:

As artificial intelligence (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 their 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: Paulo Rocha

Abstract:

Once in touch with the Criminal Justice System, offenders with mental disorder tend to return to custody more often than nondisordered individuals, which suggests they have not been receiving appropriate treatment in prison. In this scenario, diverting individuals into care as early as possible in their trajectory seems to be the appropriate approach to rehabilitate mentally unwell offenders and alleviate overcrowded prisons. This paper builds on an ethnographic research investigating the challenges encountered by practitioners working to divert offenders into care while attempting to establish cross-boundary interactions with professionals in the Criminal Justice System and Mental Health Services in the UK. Drawing upon the findings of the study, this paper suggests the development of adequate tools to enable liaison between agencies which ultimately results in successful interventions.

Keywords: Criminogenic needs, interagency collaboration, liaison and diversion, recidivism.

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Authors: Chad A. Long

Abstract:

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: Cyclones, earthquakes, natural disasters, military.

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Authors: Petra Hurbišová, Monika Davidová

Abstract:

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: Sahbi Farhani

Abstract:

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, structural breaks, India.

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Authors: G. Kloudova, M. Stehlik

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Optimal human performance is a key goal in the professional setting of military pilots, which is a highly challenging atmosphere. The aviation environment requires substantial cognitive effort and is rich in potential stressors. Therefore, it is important to analyze variables such as mental workload to ensure safe conditions. Pilot mental workload could be measured using several tools, but most of them are very subjective. This paper details research conducted with military pilots using psychophysiological methods such as electroencephalography (EEG) and heart rate (HR) monitoring. The data were measured in a simulator as well as under real flight conditions. All of the pilots were exposed to highly demanding flight tasks and showed big individual response differences. On that basis, the individual pattern for each pilot was created counting different EEG features and heart rate variations. Later on, it was possible to distinguish the most difficult flight tasks for each pilot that should be more extensively trained. For training purposes, an application was developed for the instructors to decide which of the specific tasks to focus on during follow-up training. This complex system can help instructors detect the mentally demanding parts of the flight and enhance the training of military pilots to achieve optimal performance.

Keywords: Cognitive effort, human performance, military pilots, psychophysiological methods.

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Authors: D. G. Jung, J. B. Lim, J. H. Kim, J. J. Kim

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The international society focuses on the environment protection and natural energy sources control for the global cooperation against weather change and sustainable growth. The study presents the overview of the water shortage status and the necessity of wastewater reuse facility in military facilities and for the possibility of the introduction, compares the economics by means of cost-benefit analysis. The military features such as the number of users of military barracks and the water use were surveyed by the design principles by facility types, the application method of wastewater reuse facility was selected, the feed water, its application and the volume of reuse volume were defined and the expectation was estimated, confirming the possibility of introducing a wastewater reuse possibility by means of cost-benefit analysis.

Keywords: military barracks, wastewater reuse facility, cost-benefit analysis

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Authors: A. Bulatbayeva, A. Kusainov, P. Makhanova, A. Bashchikulov

Abstract:

In the article there have been revealed the properties of designing the research teaching the military masters and in the context it has been offered the program of mastering by the masters military men the methodology of research work, in the course of practical teaching activity there has been considered the developed and approbated model of organization of the process of mastering by the masters the methodology of research work. As a whole, the research direction of master preparation leaves its sign to the content of education, forms of organization of educational process, scientific work of masters. In this connection the offered in the article properties of organization of research teaching and a model of organization of mastering by the masters military men the methodology of research work can be taken into account when designing the content of master preparation.

Keywords: Masters militaries, Methodology of research work, Military knowledge, Research teaching.

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Authors: L. Tizzi

Abstract:

The aim of this contribution is to present the experience of the U.S. secondary school Social Justice High School (SoJo), part of the larger Campus of Little Village Lawndale High School (LVLHS) located in Chicago, Illinois (USA). This experience can be considered a concrete application of the principles of the educational perspective known, in the United States, as Social Justice Education, aimed at ensuring quality education and educational success for students from disadvantaged groups, particularly those characterized by “biculturalism”, i.e. students with a dual cultural and linguistic background. The contribution will retrace the historical and social events that led to the birth of the SoJo, explaining the principles and methods used by the school to achieve its objectives and giving also some statistical data.

Keywords: Biculturalism, educational success, social justice education, social justice high school.

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Authors: J. Palecek, R. Hajkova, A. Oulehlova, H. Malachova

Abstract:

Increase of emergency incidents and crisis situations requires proactive crisis management of authorities and for its solution. Application Business Continuity Management helps the crisis management authorities to quickly and responsibly respond to threats. It also helps effectively and efficiently planning powers and resources. The main goal of this article is describing Military Continuity Management System (MCMS) based on the principles of Business Continuity Management System (BCMS) for dealing with floods in the territory of the selected municipalities. There are explained steps of loading, running and evaluating activities in the software application MCMS. Software MCMS provides complete control over the tasks, contribute a comprehensive and responsible approach solutions to solution floods in the municipality.

Keywords: Business Continuity Management, Floods Plan, Flood Activity, Level of Flood Activity.

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Authors: Oscar J.G. Somsen, Fok Bolderheij

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Electro-optical devices are increasingly used for military sea-, land- and air applications to detect, recognize and track objects. Typically, these devices produce video information that is presented to an operator. However, with increasing availability of electro-optical devices the data volume is becoming very large, creating a rising need for automated analysis. In a military setting, this typically involves detecting and recognizing objects at a large distance, i.e. when they are difficult to distinguish from background and noise. One may consider combining multiple images from a video stream into a single enhanced image that provides more information for the operator. In this paper we investigate a simple algorithm to enhance simulated images from a military context and investigate how the enhancement is affected by various types of disturbance.

Keywords: Electro-Optics, Automated Image alignment

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Authors: Ivana Mokrá

Abstract:

The article deals with modelling of the fire pragmatism in the area of military management and its experimental verification. Potential approaches are based on the synergy of mathematical and theoretical ideas, operational and tactical requirements and the military decision-making process. This issue has taken on importance in recent times, particularly with the increasing trend of digitized battlefield, the development of C4ISR systems and intention to streamline the command and control process at the lowest levels of command. From fundamental and philosophical point of view, these new approaches seek to significantly upgrade and enhance the decision-making process of the tactical commanders.

Keywords: Military management, decision-making process, strike modeling, experimental evaluation, pragmatism, tactical strike modeling

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Authors: Petra Hurbišová, Monika Davidová

Abstract:

The article deals with the personality of military professionals (commanders) and their way of leading and commanding today and in historical context. The first part focuses on the leadership skills of Alexander the Great, who introduced strategic innovations and even from today's perspective; he excelled in efficient work with people. This paper focuses on the way which he achieved his goals. Further attention is paid to approaches to commander´s personality by other great generals. The paper is also focused on personality traits of military professionals necessary for successful management and leadership in today's variable and challenging environment. Finally, attention is paid to the effective and ineffective ways of behavior of commanders and determining what styles of leadership is appropriate for a given situation, whether in peacetime or on deployment.

Keywords: Authority, commander, leader, leadership, military professional, personality.

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Authors: Peter Ndichu Muriuki

Abstract:

Assassination of politicians, school mass murders, purported suicides, aircraft crash, mass shootings by police, sinking of sea ferries, mysterious car accidents, mass fire deaths and horrificterror attacks are some of the cases that bring forth scientific and legal conflicts. Questions about truth, justice and human rights are raised by both victims and perpetrators/offenders as they seek to understand why and how it happened to them. This kind of questioning manifests itself in medical-criminological-legalpsychological and scientific realms. An agreement towards truthinvestigations for possible legal-political-psychological transitory issues such as prosecution, victim-offender mediation, healing, reconciliation, amnesty, reparation, restitution, and policy formulations is seen as one way of transforming these conflicts. Forensic scientists and pathologists in particular have formed professional groups where the complexities between legal truth and scientific truth are dramatized and elucidated within the anatomy of courtrooms. This paper focuses on how pathological truth and legal truth interact with each other in Kenya’s criminal justice system. 

Keywords: Forensic pathology, forensic science, pathological truth, truth investigations.

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Authors: Cory Cannon

Abstract:

In the current era of shrinking budgets, increasing amounts of worldwide natural disasters, state and non-state initiated conflicts within the world. The response has involved multinational coalitions to conduct effective military operations. The need for a Knowledge Management strategy when developing these coalitions have been overlooked in the past and the need for developing these accords early on will save time and help shape the way information and knowledge are transferred from the staff and action officers of the coalition to the decision-makers in order to make timely decisions within an ever changing environment. The aim of this paper is to show how Knowledge Management has developed within the United States military and how the transformation of working within a Combined/ Joint environment in both the Middle East and the Far East has improved relations between members of the coalitions as well as being more effective as a military force. These same principles could be applied to multinational corporations when dealing with cultures and decision-making processes.

Keywords: Civil-military, culture, joint environment, knowledge management.

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Authors: Subramaniam Chandran

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This paper explores the social and political imperatives in the sphere of public policy relating to social justice. In India, the colonial legacy and post-colonial social and political pressures sustained the appropriation of 'caste' category in allocating public resources to the backward class of citizens. For several reasons, 'economic' category could not be placed in allocating resources. This paper examines the reasons behind the deliberative exercises and formulating policies and seeks an alternative framework in realizing social justice in terms of a unified category. This attempt can be viewed as a reconciliation of traditional and modern values for a viable alternative in public policy making.

Keywords: Social justice, caste, public policy, communal quota

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Authors: C. Ardil

Abstract:

This paper aims to select the best military attack helicopter to purchase by the Armed Forces and provide greater reconnaissance and offensive combat capability in military operations. For this purpose, a multiple criteria decision analysis method integrated with the variance weight procedure was applied to the military attack helicopter selection problem. A real military aviation case problem is conducted to support the Armed Forces decision-making process and contributes to the better performance of the Armed Forces. Application of the methodology resulted in ranking lists for ordering and prioritizing attack helicopters, providing transparency and simplicity to the decision-making process. Nine military attack helicopter models were analyzed in the light of strategic, tactical, and operational criteria, considering attack helicopters. The selected military attack helicopter would be used for fire support and reconnaissance activities required by the Armed Forces operation. This study makes a valuable contribution to the problem of military attack helicopter selection, as it represents a state-of-the-art application of the MCDMA method to contribute to the solution of a real problem of the Armed Forces. The methodology presented in this paper can be used to solve real problems of a wide variety, especially strategic, tactical and operational, and is, therefore, a very useful method for decision making.

Keywords: aircraft selection, military attack helicopter selection, attack helicopter fleet planning, MCDMA, multiple criteria analysis, multiple criteria decision making analysis, distance function measure

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Authors: W. Wu, X. H. Wang, D. Paull

Abstract:

This paper contributes to the field of Environmental Awareness Training (EAT) evaluation in terms of military activities. Environmental management of military activities is a growing concern for defence forces worldwide and the importance of EAT is becoming widely recognized. As one of Australia-s largest landowners, the Australian Defence Force (ADF) is extremely mindful of its duty as a joint environmental manager. It has an integrated Environmental Management System (EMS) to assist environmental management and EAT is an essential part of the ADF EMS model. This paper examines how EAT was conducted during the exercise Talisman Saber in 2009 (TS09) and evaluates its effectiveness, using Shoalwater Bay Training Area (SWBTA), one of the most significant military training areas and a significant protected area in Australia, as a case study. A questionnaire survey conducted showed, overall, that EAT was effective from the perspective of a sample of participants. Recommendations are made for the ADF to refine EAT for future exercises.

Keywords: Australian Defence Force, effectiveness evaluation, Environmental Awareness Training, Shoalwater Bay Training Area

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Authors: C. Ardil

Abstract:

Multiplicative multiple criteria decision making analysis (MCDMA) method is a systematic decision support system to aid decision makers reach appropriate decisions. The application of multiplicative MCDMA in the military aircraft selection problem is significant for proper decision making process, which is the decisive factor in minimizing expenditures and increasing defense capability and capacity. Nine military fighter aircraft alternatives were evaluated by ten decision criteria to solve the decision making problem. In this study, multiplicative MCDMA model aims to evaluate and select an appropriate military fighter aircraft for the Air Force fleet planning. The ranking results of multiplicative MCDMA model were compared with the ranking results of additive MCDMA, logarithmic MCDMA, and regrettive MCDMA models under the L₂ norm data normalization technique to substantiate the robustness of the proposed method. The final ranking results indicate the military fighter aircraft Su-57 as the best available solution.

Keywords: Aircraft Selection, Military Fighter Aircraft Selection, Air Force Fleet Planning, Multiplicative MCDMA, Additive MCDMA, Logarithmic MCDMA, Regrettive MCDMA, Mean Weight, Multiple Criteria Decision Making Analysis, Sensitivity Analysis

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Authors: J. Bertrandt, A. Kłos, R. Waszkowski, T. Nowicki, R. Pytlak, E. Stęzycka, A. Gazdzinska

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 The aim of the work was estimation of copper intake with the daily food rations used for alimentation of students of military high schools and soldiers doing compulsory military service in the Polish Army. An average planned copper content in daily food rations used for alimentation of students and soldiers amounted to 2.49±0.35 mg, and 2.44±0.25 mg respectively. The copper content in the daily food ration given for consumption to students amounted from 1.81±0.14 mg to 2.58±0.44 mg while daily food rations served to soldiers delivered from 2.06±0.45 mg to 2.13±0.33 mg. The copper content in the rations planned for students and soldiers alimentation was within the limits of the norms obligatory in Poland. Daily food rations given for consumption, except rations served for students, were within the limits of the recommended norms, but food rations really eaten by examined men didn’t cover the requirements for copper.

Keywords: Copper, daily food ration, military service.

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Authors: Paiboon Chuwatthanakij

Abstract:

In reference to the legal state in the Thai legal system, most people understand the minor principles of the legal state form, which are the principles that can be explained and understood easily and the results can be seen clearly, especially in the legitimacy of administrative acts. Therefore, there is no awareness of justice, which is the fundamental value of Thai law. The legitimacy of administrative acts requires the administration to adhere to the constitution and legislative laws in enforcement of the laws. If it appears that the administrative acts are illegitimate, the administrative court, as the court of justice, will revoke those acts as if they had never been set in the legal system, this will affect people’s trust as they are unaware as to whether the administrative acts that appoint their lives are legitimate or not. Regarding the revocation of administrative orders by the administrative court as if those orders had never existed, the common individual surely cannot be expected to comprehend the security of their juristic position. Therefore, the legal state does not require a revocation of the government’s acts to terminate its legal results merely because those acts are illegitimate, but there should be considerations and realizations regarding the “The Principle of the Protection of Legitimate Expectation,” which is a minor principle in the legal state’s content that focuses on supporting and protecting legitimate expectations of the juristic position of an individual and maintaining justice, which is the fundamental value of Thai law.

Keywords: Legal state, Rule of law, Protection of legitimate.

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Authors: Abdul Salim Amin

Abstract:

This paper focuses on how judiciaries in post-conflict societies can gain legitimacy through reformation. Legitimacy plays a pivotal role in shaping people’s behavior to submit to the law and verifies the rightfulness of an organ for taking binding decisions. Among various dynamics, judicial independence, access to justice and behavioral changes of the judicial officials broadly contribute to legitimation of judiciary in general, and the courts in particular. Increasing independence of judiciary through reform limits, inter alia, government interference in judicial issues and protects basic rights of the citizens. Judicial independence does not only matter in institutional terms, individual independence also influences the impartiality and integrity of judges, which can be increased through education and better administration of justice. Finally, access to justice as an intertwined concept both at the legal and moral spectrum of judicial reform avails justice to the citizens and increases the level of public trust and confidence. Efficient legal decisions on fostering such elements through holistic reform create a rule of law atmosphere. Citizens neither accept an illegitimate judiciary nor do they trust its decisions. Lack of such tolerance and confidence deters the rule of law and thus, undermines the democratic development of a society.

Keywords: Legitimacy, judicial reform, judicial independence, access to justice, legal training, informal justice, rule of law.

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Authors: Laurent Enel, Franck Guillem

Abstract:

This paper considers the benefits gained by using an efficient quality of service management such as DiffServ technique to improve the performance of military communications. Low delay and no blockage must be achieved especially for real time tactical data. All traffic flows generated by different applications do not need same bandwidth, same latency, same error ratio and this scalable technique of packet management based on priority levels is analysed. End to end architectures supporting various traffic flows and including lowbandwidth and high-delay HF or SHF military links as well as unprotected Internet sub domains are studied. A tuning of Diffserv parameters is proposed in accordance with different loads of various traffic and different operational situations.

Keywords: Military data networks, Quality of service, Tacticalsystems.

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