bluuebunny/crossref_metadata_2025 huggingface dataset:
Odnos međunarodnog krivičnog prava i nacionalnog krivičnog prava Republike Slovenije
Authors: Jakulin Vid
Published: February 2025

The author discusses the relationship between international criminal law and national criminal law. The relationship between international and domestic law is a perennial issue in the theory and practice of international and constitutional law. Slovenian law recognises the supremacy of international law over national laws and regulations but maintains the supremacy of the Constitution over international law. Customary international law poses the greatest problem in the relationship between international and national criminal law. Unlike international law, which considers customary law an extremely important source, national criminal law expressly prohibits using customary law because of the principle of legality. In Slovenia, the principle of legality in criminal proceedings is also expressly enshrined in Article 28 of the Constitution. The author considers that, by adopting the Act on Cooperation between the Republic of Slovenia and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, Slovenia has ratified instruments of international law which are contrary to Article 28 of the Constitution of the Republic of Slovenia. A similar finding applies to the Rome Statute of the International Criminal Court. Such a conflict can only be resolved in two ways: either by denunciation of the treaty or by amendment of the Constitution. The author cannot predict how the legislator will decide.
Rat i pravično suđenje – contradictio in adiecto
Authors: Ilić Goran P.
Published: February 2025

The paper discusses the possibility of applying law in war and postwar conditions. Not only wars, but also revolutionary events put law as a touchstone that should show whether there is a place for the application of law in those stormy times. Brutal executions, staged trials, passing of laws that put entire groups of people outside the legal order, all of this leads to the conclusion that the combination of war and law is impossible or that, in the best case, it is a legal norm that has a decorative role. After the introductory remarks, the author analyzed the case of the rehabilitation of Dragoljub Mihailović. This case from 2015 attracted a lot of attention from the public, both general and expert, with comments that primarily expressed political attitudes towards the Chetnik movement during the Second World War. Although there were also views that were primarily focused on legal issues related to the rehabilitation of Mihailović, the paper exclusively considered the legal arguments presented in this regard. At the same time, in addition to the proceedings against the accused Mihailović in 1946, special attention was paid to the proceedings in that process, and therefore to the fate of his defense counsel, lawyer Dragić Joksimović. The second subject analyzed in the paper refers to the case of Kononov v. Latvia, which was decided by the Grand Chamber of the European Court of Human Rights in 2010. Although it is half a decade „older” than the decision by which Mihailović was rehabilitated, there was no mention of this verdict in the professional public, especially in the comments of the decision of the High Court in Belgrade. And in it, as shown in the paper, some of the legal issues that were of essential importance for making a decision on rehabilitation were considered. I am referring here first of all to the right to a fair trial, which the European Court of Human Rights, unlike our Constitutional Court and certain expert comments that have been in the public, does not link to the time in which the accused was tried for a war crime, but observes this concept on the way it is done today. In the final remarks, the author reduces his analysis to the dichotomy between words and violence, and concludes that violence, although silent, is usually more effective than words. At the same time, the power of certain words is reduced only to the arguments presented with them, while other words are harbingers of the violence that will follow. Words and violence are what unites both analyzed subjects, but it is also fair procedure, a concept that arose from the doctrine of human rights and fundamental freedoms. It is about the inflow, apparently not accidental, of Anglo-American law into the continental legal system, so it should not be surprising that there is still tension between the rule of law or „autonomous legal reasoning” in the common law legal system and continental legal formalism.
Kumulativne osude u međunarodnom krivičnom pravosuđu
Authors: Gajić Aleksandar
Published: February 2025

The author critically examines the permissibility of cumulative convictions in the law and practice of international criminal courts and tribunals, which are based on the standard formulated by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia in the Čelebić case. The question arises whether the Čelebići standard is adequate for solving the issue of cumulative courts in international criminal law. In this context, the author first considers the relationship between cumulative and cumulative and alternative charges, then points to the genesis of the standard from the Čelebići case and criticizes the set standard, then deals with issues related to the “system” of international criminal offenses and the appropriateness of imposing cumulative convictions, as well as the question of the appropriate test for imposing cumulative convictions. The intention of the paper is to point out the issues that need to be resolved in the further “development” of perhaps the most complex issue of international criminal law and international criminal justice.
Ekstradicija između prava i politike
Authors: Ilić Aleksandra
Published: February 2025

In the paper, the author considers the issue of extradition, in the application of which some extralegal influences come to the fore, primarily political, and which in some cases take precedence over the law. After the introductory remarks, in which a brief overview of the conceptual definition of extradition and other relevant issues is given, the author deals with certain forms of deviation from the regular framework of extradition, such as expulsion or “disguised extradition”, as well as a kind of kidnapping, which in American literature is called “extraordinary rendition”. The author particularly considers extradition in the context of torture as an illegal way of dealing with persons whose extradition is requested by certain states. In this regard, some disputed extradition cases committed by the Republic of Serbia were discussed in more detail. The relationship between extradition and the possibility of life imprisonment without the right to parole, i.e. the death penalty, was also considered, primarily from the point of view of the practice of the European Court of Human Rights. At the end, a brief overview of one of the most current cases in which extradition is discussed - the case of Julian Assange - is given.
Organizovani kriminalitet u ratu uz osvrt na ilegalnu trgovinu oružjem
Authors: Lukić Natalija
Published: February 2025

The paper deals with the question of the relation between war and organized crime. After explaining issues regarding definitions of both war and organized crime, the author pays attention to the impact of war on general crime, and especially on the crimes committed by organized criminal groups. The article examines the relation between organized crime and the state as well, bearing in mind that war conflicts represent one of the circumstances that affects the state’s ability to suppress organized crime. Additionally, the author looks at the issue of the active support of the state to organized criminal groups in war conflicts due to its political interests. Illegal arms trade is one of the most profitable criminal markets, but for the largest number of organized criminal groups it is not the primary source of income. The author points to the data on the phenomenology of that criminal activity, different subjects involved in that illegal business, and finally to the legal framework at the international and national level.
Krađa kulturnih dobara između međunarodnog (krivičnog) prava i i nacionalnog krivičnog prava
Authors: Marković Ivana
Published: February 2025

The Author deals with the question to what extent and in what way the theft of cultural goods is regulated in both domestic (Serbian) criminal law, where it is mainly incorporated within crimes against property, and in international (criminal) law. Taking into consideration that cultural goods are regarded as part of the cultural identity of a nation and of the mankind as a whole, but have a high economic value as well, and have been previously regarded as a legitimate loot for the winner in the war, the development of their protection went along those lines. The structure of the work is as follows: introduction, part dedicated to international law (etymological aspects, theft of cultural goods as war crime/cultural genocide/crime against humanity), part dedicated to the criminal legislation in Serbian law (etymological aspects, crimes against property – especially aggravated theft, unauthorized performing of archeological works, crimes against humanity and other goods protected by international law), conclusion.
Pravna i istorijska istina u limbu između ljubavi i mržnje
Authors: Nenadić Svetlana
Published: February 2025

Starting from the phenomenon of the historical narrative of international criminal courts, the author points out differences between legal truth and historical truth, their deifferent methodological approach to the truth of facts and events. The author presents the theoretical foundations
of strict legality theory and didactic legality theory and points out their irreconcilability. Also, analyzes legal and and political nature od international criminal law and mechanisms of international criminal justice which make the path to the truth more difficult. Finally, the author concludes that the goals of truth and reconciliation can only be achieved if legal truth and historical truth are not in a relationship of competition and mutual recognition.
Zaštita kulturnih dobara u međunarodnom krivičnom pravu i u Srbiji
Authors: Obradović Dragan
Published: February 2025

One of the challenges that every country faces throughout history is how to preserve not only its territory and population, but also how to preserve its cultural assets in different times and in the face of different trials. Not only in times of war or armed conflict, but also in peace. In war or armed conflict, cultural assets suffer - they are destroyed or damaged as a result of armed actions. In peacetime, cultural property suffers during the execution of various criminal acts by individuals or organized criminal groups through their attempts to acquire individual cultural property of different levels of protection for themselves or for others, which sometimes leads to their destruction or damage. The aim of the paper is to present the criminal legal protection of cultural property in the most important regulations of international law, and especially in the Republic of Serbia through the provisions of the Criminal Code of the Republic of Serbia.
Nezastarivanje međunarodnih krivičnih dela u užem smislu
Authors: Radisavljević Ivana
Published: February 2025

The issue of the non-applicability of statute of limitations to core international crimes has posed challenges to the global community. The first significant attempt to comprehensively address this was the adoption of the UN Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity in 1968. Despite controversies and disagreements accompanying its adoption, this convention marked a turning point and spurred further developments. Due to its shortcomings, the European Convention was also adopted in 1974, but it failed to gain the expected formal support. However, the impact of these conventions is evident as many countries have incorporated the non-applicability of statutes of limitations for core international crimes into their national legislations. Another significant advancement was the adoption of the Rome Statute in 1998, which explicitly states that crimes within the jurisdiction of the International Criminal Court are not subject to any statute of limitations.
Krivičnopravni i dokazni aspekti zločina silovanja u međunarodnom krivičnom pravu
Authors: Paunović Nikola
Published: February 2025

The crime of rape, although recognized by customary international law, for the first time was explicitly prescribed in the widely recognized document of the Geneva Convention on the Protection of Civilians during the War of 1949. However, it can be noted that only in the case law of the ad hoc Tribunal for the former Yugoslavia and Rwanda and the International Criminal Court, the crime of rape gained practical importance. In the first part of the paper, it was analyzed the basic substantive law dilemmas concerning the definition of the crime of rape with a reference to the relevant case law. In the second part of the paper, it was discussed rape as a potential form of genocide, crimes against humanity or war crimes. Finally, in the third part of the paper, the author deals with various forms of evidential obstruction in proceedings in which the commission of the crime of rape was charged. Тhe author concludes that there is an imperative to apply a non-selectivity approach during criminal prosecution for these cases, which would diminish the gap between the reality which testifies to the widespread presence of the crime of rape and justice for victims that is often missing.
Kontradiktorna primena prava Haškog tribunala u odnosu na vojnu akciju Oluja
Authors: Milić Dragana
Published: February 2025

The establishment of the Hague Tribunal as an ad hoc international criminal court for the prosecution of persons responsible for war crimes arising from the civil war on the territory of the former Yugoslavia left lasting consequences both on the internal organization of the Republic of Serbia and on external relations with other countries in Europe and the world, especially on the relations between the countries that were once part of the former Yugoslavia. In this paper, the Republic of Krajina and the Serbian people who inhabited the area called Krajina until the “Oluja”, as well as the motives of the Croatian people, the “domobrani”, are defined in more detail. Taking into account the weight of the topic as well as the extensiveness of the proceedings before the Hague Tribunal, this scientific paper will analyze the decisions of the Tribunal in relation to Ante Gotovina, Ivan Čermak and Mladen Markаč, who were the leaders of Operation “Oluja”, and what position the court took, and then changed through the appeals panel. In particular, it looks at the contradiction between the two decisions and what motives would be the same, as well as what are the grounds for the first conviction and then the acquittal.
Ne bis in idem u postupku pred Međunarodnim krivičnim sudom
Authors: Ivanović Ognjen
Published: February 2025

This paper deals with the principle of ne bis in idem applied in proceedings before the International Criminal Court, which is one of the fundamental principles of criminal procedure. Additionally, the general concept of this principle is discussed to understand the specifics of its application in the Rome Statute. The Rome Statute provides for three modalities of the ne bis in idem principle. The clearest situation arises when determining its effect in proceedings regarding individuals who have already been tried by the International Criminal Court for the same conduct constituting the basis of the crime. However, the definition of this principle concerning the impact of International Criminal Court judgments on proceedings before other courts, as well as determining the impact of decisions of other courts on proceedings before the International Criminal Court, gives rise to different interpretations. The contentious issue is whether it is possible to convict the same individual twice for the same conduct. Specifically, can the International Criminal Court classify certain conduct as a crime within its jurisdiction, while a national court classifies the same conduct as a different crime? Furthermore, the question arises as to how exceptions to the recognition of the effect of judgments of other courts by the International Criminal Court should be interpreted. These questions are addressed from the perspectives of legal theory, legal sources, and case law.
Uticaj Konvencije Vijeća Evrope o zaštiti djece od seksualnog iskorištavanja i zlostavljanja na krivično zakonodavstvo Republike Srpske
Authors: Marković Ivanka
Published: February 2025

The Council of Europe Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse was created as a result of efforts to ensure, at least on European soil, an optimal normative framework for the protection of children from this form of crime. By signing and ratifying it, member states undertook to adapt their national legislation to the principles and standards of protection of children’s sexual integrity established by this convention. In addition to a series of provisions related to various areas and measures that should be taken in order to prevent sexual abuse and exploitation of children, provide assistance to victims and raise the awareness of the social community about this criminality, the provisions related to substantive criminal law are particularly significant because they determine legal framework for the actions of all protection subjects. Republika Srpska, with the reform of the criminal legislation in 2017, implemented these provisions of the Council of Europe Convention on the protection of children from sexual exploitation and sexual abuse. In addition, a part of the provisions was implemented by the Law on protection and treatment of children and minors in criminal proceedings and the Law on a special register of persons legally convicted of criminal acts of sexual abuse and exploitation of children. This created a good normative basis for the protection of children from this form of crime, the real effects of which can only be obtained through adequate application of them by judicial institutions.
Mapa puta za borbu protiv korupcije
Authors: Šćepanović Bojana
Published: February 2025

In the paper, the author considers the phenomenon of corruption
and the development of anti-corruption mechanisms in order to prevent
and repress corruption. Pointing the importance of effective cooperation
and synergy of all competent state bodies, institutions and international
organizations in the fight against corruption, both at the international,
regional and national level. In this context, the legislative framework of
the European Union is presented, with all significant conventions and directives, and the legislative framework of the Republic of Serbia. Also,
roadmaps for the fight against corruption in the European Union, the region (Serbia, Montenegro, Bosnia and Herzegovina, Albania and North
Macedonia) and the Republic of Serbia were presented, as comprehensive
directions of action in a strategic sense, with the aim of suppression of
corruption. The fight against corruption is a key part of a society’s efforts
to ensure the rule of law and the protection of democratic values.
Odnos međunarodnog krivičnog i nacionalnog krivičnog prava u postupcima za krivična dela organizovanog kriminala
Authors: Nenadić Mladen , Vujanić Đorđević Milica
Published: February 2025

In this paper there will be words about similarities and differences
in criminal proceedings that are beeing conducted for international criminal offences and for organized crime criminal offences. Besides, will be
pointed out to similarities and differences regarding basic principles od
criminal and criminal procedure law, definig terms of the named criminal
offenses, as well as to jurisdiction to conduct the procedure for international criminal offenses, that is organized crime criminal offenses.
Also, there will be words about types and ways of the international
help and cooperation, relation between international and national criminal
law in that part, as well as improvement of the international cooperation
in terms od delivery efficiency of the answers to the mutual legal assistance
request and completeness that is, in to the gratest extent of fulfillment of the
scope of legal assistance that is required.
Usaglašavanje nacionalnog krivičnog prava sa međunarodnim dokumentima i standardima u suzbijanju korupcije
Authors: Banović Jovana
Published: February 2025

The subject of this article will be the analysis of the repressive aspects of corruption, particularly those related to aligning normative solutions with international documents and standards. The focus of the paper will be on the United Nations Convention against Corruption (UNCAC), as well as the recommendations of the Group of States against Corruption (GRECO) within the framework of the evaluation procedure of the Republic of Serbia by this international body (especially regarding the immunity of certain categories from the fifth evaluation round). These documents are recognized as a valuable subject for scientific analysis because it seems that over time, they have been somewhat “inhibited” by the directives of the European Union. This is the reason why the harmonization of Serbian law with relevant directives will be less elaborated (only in the context of the Proposal for an EU Directive on combating corruption, which partly relies on UNCAC). In connection with this, there will also be a discussion on the potential criminalization of illicit enrichment. The assumption is that adequate understanding and implementation of international standards can contribute to a more effective application of existing regulations, but to the level that they “fit into” the legal nature of the domestic legal system.
Služba za istraživanje i dokumentaciju (SID) – pravni osnov za delovanje, nadležnost i organizacija
Authors: Lazić Radojica
Published: February 2025

The Service for Research and Documentation as an external diplomatic intelligence service was founded in 1952, under the State Secretariat
of Foreign Affairs in the Socialist Federal Republic of Yugoslavia. It had
a wide network of points in 34 states on all continents. As such, it continued operating (under the same name) after SFRY fell apart, within
the Federal Republic of Yugoslavia and the Republic of Serbia. In 2007,
it was abolished. The initiatives to revive this service have not led to it
being reinstated again. This paper analyzes its legal regulations, jurisdiction, organization, and the way it acted in its assigned operations. This
paper is written based on original documents and research, many of which
are presented for the first time to the scientific and expert communities.
Neovlašćeno držanje opojnih droga (međunarodni standardi i pravo Republike Srbije)
Authors: Jovašević Dragan
Published: February 2025

On the basis of universal, i.e. regional international standards,
numerous criminal legislations, including the positive legislation of the
Republic of Serbia, recognize several criminal acts of abuse of narcotic
drugs. Unauthorized possession of narcotic drugs stands out among these
crimes. It consists in unauthorized, illegal possession, possession of narcotic drugs, provided that it is a small amount of narcotic drugs, with a
specific purpose, goal - for personal use. It is a punishable act of “possession”,
regardless of how the object of the act ended up in the state of the perpetrator. Based on international standards, the paper analyzes the concept,
elements, content, characteristics and forms of manifestation of the criminal offense of unauthorized possession of narcotic drugs in the law of the
Republic of Serbia from the perspective of theory and judicial practice
Krivičnopravno uređenje zabrane negiranja genocida, zločina protiv čovječnosti i ratnog zločina u Bosni i Hercegovini
Authors: Ikanović Veljko
Published: February 2025

The prohibition of denying genocide, crimes against humanity and war crimes is not regulated as a separate criminal offense in the criminal legislation in Bosnia and Herzegovina. It is regulated in the Criminal Code of Bosnia and Herzegovina as a special form of the criminal offense “Inciting national, racial and religious hatred, discord and intolerance”. In other laws in Bosnia and Herzegovina, only the Criminal Code of the Federation of Bosnia and Herzegovina recognizes this as a special form of the criminal offense “Inciting ethnic, racial and religious hatred, dissension or intolerance”, while the criminal codes of the Republic of Srpska and Brčko District of Bosnia and Herzegovina do not prescribe it. It follows that public denial or justification of crimes against humanity and war crimes exists as a criminal offense and is punishable only on the condition that it causes hatred, discord or intolerance. The legislator followed the content set by the Decision of the European Union from 2008 and designated as the object of protection the crime of genocide, crime against humanity and war crimes that were determined by a final judgment in accordance with the Charter of the International Military Tribunal attached to the London Agreement of April 8, 1945. or the International Criminal Tribunal for the former Yugoslavia or the International Criminal Court or the Court in Bosnia and Herzegovina.
Pritvor u istrazi sa osvrtom na uporedno pravo
Authors: Stevančević Jelena
Published: February 2025

Detention is a measure to ensure the presence of the defendant during the criminal proceedings, a form of deprivation of liberty, and a guarantee that certain evidentiary actions will be taken or an investigation will be conducted, as soon as possible. The question of detention duration, during investigation is of great importance, if it is determined in cases with a complex structure, when there is a large number of defendants and criminal offences, but also a large number od evidentiary actions that need to be taken by the Public Prosecutor. In those cases the length of detention can have a decisive influence in terms of the quality and number of taken evidential actions. Bearing in mind the analyzed legislations, the Croats and Bosnian and Herzegovinian legislators have recognized the need to extend duration of detention in the complex cases. After analyzing domestic legislation, I believe that is necessary to prescribe a longer period of detention, with the fact that this would imply certain constitutional changes, so that the Public Prosecutor have enough of the time to produce all the evidence, for the prosecution and defence, and make a final decision regarding wheter to press charges or not.
Pretresanje kao dokazna radnja i praksa Evropskog suda za ljudska prava
Authors: Baćićanin Adnan
Published: February 2025

The paper analyzes the evidentiary action of searches in criminal
proceedings through international standards and domestic regulations, with
a comparative review of the corresponding decisions of the European
Court of Human Rights. At the same time, a brief comment was given on
the types of searches, legal assumptions and the course of the search
itself, with a critical review of certain provisions and established domestic judicial practice, which as such contributed to numerous ambiguities in undertaking this evidentiary action. Also, possible guidelines for
overcoming those ambiguities were pointed out, while taking into account
the preservation and respect of private and family life as one of the basic
human rights.
Krivičnopravni aspekt delovanja satanističkih sekti
Authors: Banovac Milić
Published: February 2025

Satanic sects are dangerous groups, whose activities have negative
impact and that are threat to whole society, primarily to it’s basic cell,
the family. Base of the analisis of the criminal behaviour of members of
the mentioned cults are teachings of Alistair Crowley and Anton LaWay. The theme of this work is focused on activities of satanic sects, primarily
on beginnings in the world and their formation in Serbia, legitimacy and
legality and the criminal acts committed by members of mentioned organisations. The last part is dedicated to the activities of Fasper, umbrella
organization of all that oppose sectarian activities and help victims and
comparative-legal analysis of opposition to sectarian activity in various
national legal systems. Considering the sparse jurisprudence related to the
sectarian activity in Serbia, most of the work is reduced to theoretical
processing of cases without a specific court epilogue in the form of final
verdicts.
Sajber prostor i međunarodno pravo – analiza i domašaji Konvencije Saveta Evrope o visokotehnološkom kriminalu
Authors: Arsić Katarina
Published: February 2025

Cyber space and information-communication technologies are an
important topic of the 21st century. Cyber crimes and cyber threats in
general are one of the important challenges of today. This paper analyzes
the main characteristics of cyberspace. Special emphasis is given to the
Convention of the Council of Europe on cyber crime (Budapest Convention) as the first international agreement that prohibits certain actions on
computer systems. This convention, which was signed in 2001 and entered
into force in 2004, aims to facilitate the harmonization of the laws of the
contracting states in the field of combating cyber crime. It’s role is to facilitate international cooperation in investigations and criminal matters,
also. Analyzing the other initiatives at the regional and global level, we will
try to answer the question to which segment of this topic is regulated by
international public law, why this document is still current and important,
and we will also try to predict in which direction the development of international rules will continue rise to the issue of information and communication technologies.
Oduzimanje predmeta u krivičnim postupcima u državama anglosaksonskog pravnog sistema
Authors: Alibašić Mirsen
Published: February 2025

In the criminal procedure, there are specifically prescribed norms
on the basis of which items that are connected to the criminal offense in a
certain way can be confiscated. These norms or rules are provided for in
many national legislations, including those belonging to the Anglo-Saxon
legal system. In view of this, the subject of this work аre presentation and
analysis of the relevant rules on the seizure of property that are applied
in the countries of the Anglo-Saxon legal system and the consideration of
the possible impact of adversarial criminal proceedings on the criminal
proceedings of the European-continental legal system in that context.
The methods applied in the work are normative, comparative methods
and content analysis. The importance of this work is reflected in the
systematic presentation and concrete analysis of the relevant regulations
on the seizure of property in the countries of the Anglo-Saxon legal system,
regarding international rules, which may eventually have a purpose in case
of future changes to criminal procedure provisions in national legislations
that belong to the European-continental legal system.
Pravni položaj novinara u oružanim sukobima
Authors: Milisavljević Bojan
Published: February 2025

The paper primarily points to the complexity of the issue of legal protection of journalists in armed conflicts, and especially conflicts in the modern international community. Primarily, the evolution of the rules is shown, starting with Hague law, through the Geneva Conventions, and up to the Additional Protocol from 1977. The author points to the emergence of several types of journalists, which further complicates their legal protection. In addition to the above, the paper also discusses various examples of abuse of journalists during modern armed conflicts for the purpose of propaganda or espionage. In those cases, journalists, as well as persons who accompany and help them, automatically lose their protected status. However, even then they remain under the protection of certain requirements of international humanitarian law. The author concludes that a comprehensive and up-to-date regulation is necessary regarding the legal position of journalists in modern armed conflicts, considering the great loom of journalism and the increasing influence that reporting has in recent times.
Primena konvencijskog prava u odnosu na nacionalno krivično procesno zakonodavstvo
Authors: Stojković Tomislav
Published: February 2025

The European Court of Human Rights in the application of the
European Convention is a constitutional instrument of the European
public order that represents imperative legal rules (јus cogens). It is precisely for these reasons that the application and interpretation of convention law represents the „hard core“ of human rights. In its decisions
regarding Article 3 of the Convention, the Court considers that it represents
one of the most fundamental provisions of the Convention and as a basic
value entered into the laws of the democratic societies that make up the
Council of Europe. This provision, in relation to other provisions, is designed and represents an absolute right, without exceptions or temporary or
the possibility of cancellation in accordance with Article 15 of the Convention. Human and minority rights guaranteed by generally accepted rules
of international law and confirmed international treaties are guaranteed
and directly implemented by the Constitution. These provisions on human
and minority rights are interpreted in favor of the values of a democratic
society and the practices of international institutions that envision its
implementation.
Primirje u očima javnosti – između rata i ratnog stanja
Authors: Pavlović Zoran
Published: February 2025

During the war and the state of war, the need for the application of international humanitarian law is particularly emphasized. Along with providing protection to direct participants in hostilities, international humanitarian law pays special attention to collateral victims of armed conflict, civilians. Civilians as direct and indirect victims of armed conflicts are a particularly sensitive category due to their vulnerability, lack of protection on the battlefield and lack of real control in the application of international standards in the protection of their rights. International humanitarian law has the task of finding a solution for peaceful relations between the conflicting parties, respect for the belligerents, and to reach a lasting peace through a cease-fire and resolve the issues that opened the conflict. The concept of international humanitarian law on the protection of civilian victims of war is becoming more and more relevant, in order to provide support and help to civilians. Armistice, which has been mentioned as a concept since the earliest times, has changed its way of reaching it, how long it lasts and what its goal is. The concept of a truce therefore has an important role in conflict resolution, and the public can influence its conclusion, maintenance or termination with its views. That is why the media’s reporting on armed conflicts and the truce is important, especially that the public is informed with as little sensationalism as possible and with the highest degree of professionalism.
Uticaj sudske prakse Evropskog suda na pitanje odnosa prava Evropske unije i međunarodnog prava
Authors: Jodanović Ajna
Published: February 2025

The growing role of the European Union inevitably raises the question of how much the Union itself as an international organization is
bound by the provisions of international law. Although the European
Communities were founded by international treaties concluded in accordance with the rules of international law, during their existence they managed to build their own legal order (the Union legal order) which is
autonomous in relation to the international legal order. In addition, with
the entry into force of the Treaty of Lisbon, the number of court proceedings before European courts related to international law has additionally
increased. When observing the relationship between EU and international law, the paper will investigate what effects international law produces
within EU law, that is, whether international law enjoys primacy in relation to European Union law. Starting from the fact that a correct understanding of the process of establishing an autonomous legal order of the
European Union, as well as the way of accepting international law as
a source of Union law, requires an analysis of the jurisprudence of the
European Court, the main goal of this research is to determine the way in
which the Court sometimes tried to find an appropriate balance between,
on the one hand, openness and acceptance of the rules of international law,
and on the other hand, concern for the unity of the Union’s legal order
Fiducijarni principi i ratne operacije
Authors: Dakić Dragan T.
Published: February 2025

Within this research, fiduciary principles are defined as legal norms
that establish the obligations, both general and specific, that states owe to
their citizens. To explore the theoretical framework suggesting that the
fiduciary duties of the state decide the scope of its margin of appreciation
when negotiating war reparations, the study is structured into three sections. Initially, we delve into the fundamental concept of fiduciary relationships and their relevance within public law. Subsequently, we turn our
attention to analyzing fiduciary duties within the realm of international
public law, differentiating between the broader responsibilities of states –
such as promoting peace, security, and human rights – and the more specific obligations that fluctuate in response to varying circumstances, targeting concrete actions toward fiduciary beneficiaries. In the third section of
the paper, the examination focuses on the fiduciary obligations of the state
concerning reparations. Our analysis is predominantly drawn from the
external aspect of sovereignty, with a specific focus on the state’s power to
act on behalf of its citizens in negotiations related to reparations.
Sajber ratovanje – novi vidovi sukoba u međunarodnom pravu
Authors: Stevanović Anđelija
Published: February 2025

Although war as such is prohibited by the Charter of the United Nations, we are witnessing that armed conflicts still occur. The development of technology leads to the appearance of new types of conflict, which could not even be imagined until a few decades ago. The paper presents cyberwarfare as a new way of manifesting aggression in international law, as well as the possibility of applying the existing rules of international humanitarian law to these new types of conflict between states. Is it time to change the existing or adopt new rules? The impact of cyber wars on international relations and on international humanitarian law itself is analyzed. It compares cyberwarfare with classic armed conflicts and discusses ways to prevent such attacks in the future. Then, at the end, an analysis is made of the Convention on High-tech Crime, which was adopted under the auspices of the Council of Europe in 2001, as well as its Protocols, in order to conclude whether international law is on the right track towards regulation, and therefore hopefully , preventing these conflicts.
Nužna odbrana i krajnja nužda sa posebnim osvrtom na međunarodno krivično pravo
Authors: Ranković Nataša
Published: February 2025

Inthepaper, theauthordealswiththe problem of defining the concept
of necessary defense and the concept of extreme necessity, referring to
their regulation and definition in the Rome Statute of the International
Criminal Court. The goal and importance of research on this topic consists
in the analysis of the necessary defense, its elements and the conditions
that are needed for it to exist, as well as providing a clear answer to a
question that is often present both in theory and in criminal law practice.
The first part of the paper deals with the determination of the concept of
necessary defense and its place in the Rome Statute and the Criminal Code
of the Republic of Serbia, as well as the clarification and closer determination of the limits of exceeding the necessary defense, which is an eternally
disputed issue in many legislations.The second part of the paper is dedicated to the concept, historical development, legal nature, elements of
extreme necessity, conditions for the existence of danger, conditions for
removing danger, as well as the differences between these two institutes.
Concluding remarks are given at the end of the paper.
Krivično delo neovlašćeno držanje opojnih droga – krivičnopravni i krivičnoprocesni aspekt
Authors: Ignjatović Ivana
Published: February 2025

The paper deals with phenomenon of drug abuse through the prism
of legislative incrimination and criminal procedural regulations. The
importance of unlawful possession of narcotics (Art. 246a CC) is being
specially highlighted and at the same time its incrimination is being
justified. Having in mind the fairness of the specific case, Serbian legislator
prescribes a series of institutes that are dealt with in depth in the paper.
Most important institutes that are being applied to suspects of committing
a crime of unlawful possession of narcotics are the principle of opportunity of criminal prosecution and the treatment against misuse of drugs.
The paper relies on official statistics and practice. It is specially being
noted the unevenness of public prosecutor’s and court practice.
Istorijskopravni i uporednopravni pogled na krivično delo krađe sa posebnim osvrtom na furtum u rimskom pravu
Authors: Polojac Stupar Una
Published: February 2025

The paper examines to what extent the Roman delict furtum can
be compared with theft recognized by the current Criminal Code of the
Republic of Serbia. At the beginning of the text, there is a brief historical
review of the tort of theft, with a special emphasis on the Roman furtum.
Also, the paper discusses other related crimes such as banditry, robbery,
evasion and other property crimes. Similarities and differences in relation
to constructions found in archaic and old legal systems are analyzed. The
famous formal ritual search, quaestio lance et licio, is explained in particular. The aim of the paper is to point out the importance of Roman
law for the later development of criminal law, that is, for the theoretical
formulation and criminalization of certain acts
Multimedia Bureau Communication Strategy in the Process of Restoring the Image of the Republic of Indonesia Police to the Public (Case Study of Statement #Disapointedreporttopolice on Twitter)
Authors: Lestari Hana , Lusiana Hayu
Published: February 2025

Image is a condition that is very easy to recognize and remember by the public. Image is designed and maintained so that it always has positive values ​​and benefits. Every activity of an organization, community company or agency, image becomes a corporate culture that must be a shared responsibility in the activities of the organization, company, community or agency. Likewise with the existence of the Image of the Republic of Indonesia Police, as a place where the community asks for help, complaints and protection so that they feel safe and fair in being involved or experiencing criminal acts, fraud or intimidation. A good image will always be remembered and become the strength of an organization's sustainability, while a bad image is very difficult for the community to accept and requires a precise communication strategy to restore it. Currently, the image of the Republic of Indonesia Police is experiencing a concerning condition, efforts are being made in this digital era, the police agency has formed a multimedia communication channel that can accommodate complaints from the public through social media. Researchers are intrigued to reveal this problem as a research and data collection method through in-depth interviews, conducting observations and literature. This research is a research with a descriptive qualitative approach.
Factors Augmenting the Success Rate of Probing for Congenital Nasolacrimal Duct Obstruction (CNLDO) in Children
Authors: Khanam Afrina , Chowdhury Md. Nasimul Gani , Chowdhury Farzana Akter , Akter Tasmin , Tarin Musharrat Alam , Yeasmin Sabina
Published: February 2025

Purpose: To determine the pre-operative, intra-operative and post-operative factors influencing the success rate of probing for Congenital Nasolacrimal Duct Obstruction in children.

Methods: It is a retrospective review of 200 eyes of 100 patients with Bilateral Congenital Nasolacrimal Duct Obstruction who underwent probing under General Anaesthesia. Data were recorded on age, sex, pre-operative, intra-operative and post-operative factors. All the patients were reviewed on one week, one month and three months interval. Success was defined as complete resolution of watering after 3 months of probing.

Results: Age range was 1-3 years. Average age was 2.0±0.3 years. Complete resolution of watering took place in 180 eyes (90%) of 90 patients. Watering persists after probing due to canalicular fibrosis (3 eyes, 1.5%), bony deformity (2 eyes, 1%), chronic dacryocystitis (12 eyes, 6%) and mucocele (3 eyes, 1.5%).

Conclusion: By evaluating and managing the pre-operative, intra-operative and post-operative factors properly success rate of probing can be increased.
Nurse leader rounds plus
Authors: Camelo Gary , Lim Fidelindo
Published: February 2025

Slowing down and listening can make all the difference in a patient’s hospitalization experience.
PENGEMBANGAN ALAT TES KESAMAPTAAN TNI/POLRI BERBASIS TEKNOLOGI COMPUTER VISION DAN IOT DENGAN METODE POSE ESTIMATION MENGGUNAKAN PYTHON
Authors: Kalua Aditya Lapu , Ramadhan Kaplale Jaidun , Klarissa Ribka Mapalie Natassya , Syagitsyah Iriansu Irfah , Ketaren Eliasta
Published: February 2025

Alat tes kesamaptaan fisik TNI/Polri saat ini masih dilakukan secara manual oleh instruktur/pelatih. Hal ini berpotensi pada kesalahan perhitungan dan subjektivitas penilaian. Penelitian ini bertujuan untuk merancang dan membangun alat tes sistem kesamaptaan TNI/Polri yang dapat secara otomatis mendeteksi dan menganalisis gerakan fisik. Metode yang digunakan adalah memanfaatkan teknologi computer vision dan Internet of Things dengan menerapkan metode pose estimation berbasis Python. Sistem ini akan mendeteksi setiap kali gerakan push up, pull up, dan sit up dilakukan dan secara otomatis menghitung jumlah repetisinya. Dengan demikian para peserta olahraga dapat melakukan latihan fisik dengan jumlah repetisi yang sesuai target dan dengan form yang benar. Sistem ini diharapkan dapat mencegah kecurangan saat penilaian jumlah repetisi, serta menjadi asisten yang berguna bagi pelatih dan atlet dalam memantau apakah gerakan yang sudah benar atau belum. Pengembangan sistem ini diharapkan dapat memberikan kontribusi serta mendorong penerapan teknologi yang lebih interaktif dan efektif dalam dunia berolahraga.
PURWARUPA SISTEM PENGENDALIAN GREENHOUSE TANAMAN TOMAT MENGGUNAKAN RASPBERRY PI DAN FUZZY LOGIC
Authors: Armando Junando , Andreas Robert Langi Yohanes , Tenda Edwin , Ketaren Eliasta
Published: February 2025

Pengendalian kondisi lingkungan greenhouse tanaman tomat secara manual seringkali kurang efektif dan tidak optimal. Penelitian ini bertujuan merancang sistem pengendalian otomatis menggunakan Raspberry Pi dan logika fuzzy untuk mengatur suhu, kelembapan, dan cahaya, sehingga mendukung pertumbuhan optimal pada tanaman tomat. Metode yang digunakan adalah pengembangan waterfall, yang mencakup analisis kebutuhan, perancangan, implementasi, pengujian, dan perawatan. Sistem dilengkapi dengan sensor MiFlora Plant yang mengumpulkan data lingkungan secara real-time dan diproses menggunakan logika fuzzy untuk mengontrol aktuator seperti pompa dan kipas DC secara otomatis. Hasil pengujian menunjukkan bahwa sistem ini mampu beradaptasi dengan perubahan lingkungan secara akurat dan efektif dalam menjaga kondisi optimal, sehingga mendukung pertumbuhan tanaman tomat.