Independent Sovereign States Research Articles

Criminal liability for the commission of war crimes: analysis of the corpus delicti of unlawful encroachments

The need for a criminal law analysis of military-violent crime is substantiated given the ongoing armed conflict in Ukraine, the annexation of some of its territories and the open calls of the russian authorities to destroy the Ukrainian nation and incite hatred towards everything that identifies Ukraine as a sovereign independent state. The classification of war crimes in the context of the armed conflict in Ukraine is proposed depending on the category of victims Military violent crimes in the context of the armed conflict in Ukraine should be divided into two groups of offences depending on the category of victims. The first group of such unlawful encroachments includes war crimes against the civilian population (Article 433; parts 1 and 2 of Article 438 of the CCU – violation of the laws and customs of war regarding rape and sexual violence, enslavement and torture, forced displacement of civilians, intentional killing of civilians; Article 442 of the CCU). The second group of military-violent offences includes military-violent crimes against servicemen (Article 434 of the Criminal Code of Ukraine; Part 1 of Article 438 of the Criminal Code of Ukraine – violation of the laws and customs of war regarding the ill-treatment of POWs, including cases of use of prohibited means and methods of warfare, as a result of which a serviceman was recognised as a victim). The approaches to the interpretation of certain features of the objective and subjective sides of the corpus delicti of the relevant military-violent crimes in the course of law enforcement are analysed and clarified, and recommendations aimed at forming a unified law enforcement practice regarding their criminal law qualification are provided The emphasis is placed on the fact that for the purpose of qualification and distinction from other war crimes of violation of the laws and customs of war in various forms of the objective side of Part 1 of Article 438 of the CC of Ukraine, not only the features of the objective side, the disposition of which is of a blanket nature, are important, but also the features of the subject of this criminal encroachment, which is not limited to the fact that it can be only a combatant. The author offers recommendations on the qualification features of various types of military violent crimes and their distinction from crimes against humanity, taking into account the existing doctrinal positions.

The Commonwealth Realms: A Thorn in the Side of the British Monarchy?

The death of Queen Elizabeth II in September 2022 has given renewed momentum to claims for a republic in a significant number of Commonwealth realms, while also revealing how confused the perception of the role of the British monarch in the Commonwealth is. The latter is indeed both the head of 15 Commonwealth states, and since 1949, has been the “Head of the Commonwealth” as an international organisation of sovereign independent states. With a special focus on the case of Commonwealth realms, this article proposes to examine the extent to which these two roles of the monarch in the Commonwealth are compatible. While the monarch’s position as head of the Commonwealth, mainly shaped by Queen Elizabeth II throughout her reign, conveys the image of the head of a multicultural and multiracial “family of nations”, his role as constitutional monarch of his 14 “other realms”, might well undermine the legitimacy of the monarchy, at both international and national levels, and particularly in the context of increased global demands for reparations and decolonial justice.

Violent crime motivated by war-related hate: concepts, signs, development trends

The article substantiates the need to study violent crime motivated by hatred related to the war as a separate criminological category in view of the ongoing armed conflict on the territory of Ukraine, the annexation of part of its territories and open calls by the Russian authorities to destroy the Ukrainian nation, incite hatred to everything that identifies Ukraine as a sovereign independent state.
 The analysis of the transformations of violent crime based on hatred related to the war as a socio-legal phenomenon of modern society shows that the social price of its existence in our society is too high.
 Attention is focused on the fact that manifestations of violence and aggression in society pose a real threat to the stability of the existence of the entire human civilization, which carries potential threats to the national security of Ukraine, as well as to regional and global security.
 A definition of a violent crime motivated by hatred related to the war has been formulated, the content of its main essential features has been identified and disclosed. Trends in the development of this type of crime have been outlined as a basis for forecasting negative impacts on the relevant social processes in the future.
 The need to develop a balanced legislative approach to the correct understanding, recognition, detection and subsequent legally competent qualification of criminal offenses on the basis of hatred related to the war as a guarantee of their effective prevention and investigation is summarized.
 The need for further research to identify criminogenic phenomena and processes that determine the emergence and modification of violent crime on the basis of hatred related to the war, which is a necessary element of its study, has been proved. After all, this will make it possible to explain the nature of its emergence, the peculiarities of its internal content, options for further modifications, and, ultimately, the development of countermeasures.

On the object and subject of reform intervention: comments on Lucia Rafanelli’s promoting justice across borders

ABSTRACT In Promoting Justice Across Borders, Lucia Rafanelli develops an ethical theory of ‘reform intervention’: a deliberate attempt to promote justice in a foreign society. The theory specifies which types of interventions are justified under what circumstances and who is justified in intervening where. Rafanelli’s theory eschews nation-states and instead makes its main actors societies with capacity for self-determination. This, I argue, can make the theory hard to apply, because different societies can overlap or intersect, and the theory’s implications change depending on how one draws boundaries around groups. So the theory can give contradictory directives for the same event, depending on how one envisions the subject of intervention. The move away from states, however, may be inevitable, because contemporary problems in international relations (such as those related to climate change) cannot be easily contained within the framework of independent sovereign states in the international system. The book opens avenues to think about this problem.

Biobibliographical Indexes of Researchers as a Source of Studying the Activities of the OUN-UPA and Determining the Legal Status of Their Participants

The purpose of the study is to compare the results of the activities of scientists and lawmakers regarding the recognition and definition of the national liberation movement and the legal status of its participants on the example of the activities of the OUN and the UPA. Research methodology: the principles of historicism, objectivity, systematics and comprehensiveness were applied, as well as – general methods of scientific research – analysis, synthesis, and comparison. Scientific novelty: for the first time, an attempt was made to show the conformity of the laws of Ukraine, in particular, “On the legal status and commemoration of fighters for the independence of Ukraine in the 20th century”, to the results of scientific research on the recognition and the definition of the Ukrainian liberation movement of the 1920–1950 years and the legal status of its participants. Conclusions. A complete inconsistency between the results of the scientists' scientific research was revealed, which is reflected in the personal indexes concluded in their honour, and the law of Ukraine “On the legal status and commemoration of the fighters for the independence of Ukraine in the 20th century” regarding recognition and definition of the Ukrainian liberation movement of the 1920–1950 years and of the legal status of its participants. Contrary to the research of scholars, local historians at the legislative level, members of the OUN, soldiers of the UPA and other nationalist organisations of the 1920s-1950s were recognised as fighters not for an independent sovereign and cathedral Ukrainian state, but for the independence of the Ukrainian SSR, against which they waged an uncompromising struggle. After all, in the second half of 1991, the Ukrainian SSR was officially renamed Ukraine, and the independent state – the Republic of Ukraine, according to the Constitution of Ukraine of 1996, was not created. This also explains the absence of a definition of the liberation struggle or resistance movement in the mentioned law of Ukraine. Keywords: personal indexes of researchers, national liberation struggle, OUN-UPA, sovereign Ukrainian state, the law of Ukraine “On the legal status and commemoration of the fighters for the independence of Ukraine in the 20th century”, the Republic of Ukraine.

국가면제에서 ‘국가’의 의미에 관한 소고

Insofar as the State immunity is granted to a ‘State’, the definition of the legal person entitled to such immunity is a central question in the determination of such status by the domestic courts. While the status of a ‘State’ entitled to immunity would be self-evident in most cases, there may be other cases where the question would arise. In addition, it may not be sufficient to refer a ‘State’ per se, given that a State is brought before domestic courts in the name of different legal entities through different capacities. What, then, is the definition of a ‘State’ entitled to immunity under international law, and how is the status of such a State determined? For instance, should State immunity apply to an entity that is not recognized as a sovereign State by the international community but exists as a so-called de facto State? Does the status of an entity that is entitled to State immunity in domestic courts depend on the forum State’s State recognition?.
 Regarding recent litigations involving an individual civil damages claim against North Korea in a domestic court, scholars have argued that the State immunity recognized under customary international law should be examined in light of North Korea’s status as an unrecognized State. The applicability of State immunity in cases against North Korea is primarily a question of the multi-layered legal status of North Korea, but it is also fundamentally linked to the epistemological perspective on statehood. The issue is related to the understanding of a State relevant to the objective personality under international law or reciprocal-relative or subjective personality which depends on other circumstances, such as the existence of State recognition.
 This article examines the definition of ‘a State’ in the context of State immunity to clarify whether the entitlement to State immunity is based on the entity’s objective legal personality under international law, or whether it is subject to interpretation or recognition within the domestic legal order. The article first reviews the use of the term ‘State’ in the UN Convention on State immunity and national legislation in individual States, and examines the external attributes of a State focusing on statehood, independence, and foreignness. In particular, the article examines the practice of domestic courts in applying State immunity to an entity not fully a ‘sovereign independent State’. It further explores the relationship between State recognition and State immunity, and the practice of domestic courts in conferring State immunity on an unrecognized State. The discussion concludes with implications for recent litigation against North Korea.

Legal status of Ukrainian refugees in European countries

The article analyzes the legal status of Ukrainian refugees in the Republic of Poland, Germany, and the Czech Republic. It is noted that the level of Ukrainian refugees in European countries has increased significantly due to the full-scale invasion of the Russian Federation into the territory of an independent sovereign state - Ukraine.In particular, the list of normative legal acts in these countries, which regulate the main issues of the legal status of refugees, is highlighted. In our work, attention is focused on the fact that the main legal acts that regulate the legal status of refugees are the Convention on the Status of Refugees, signed in Geneva on July 28, 1951, and the Protocol on the Status of Refugees, signed in New York from October 4, 1967. During the study of the problem of our research, a difference was defined between the concepts of "refugee" and "temporary protection", which differ in their validity period. The analysis of scientific and legal sources allowed us to single out the main features of the legal status of refugees: a long bureaucratic process of obtaining refugee status; probability of documents being seized; impossibility of employment during application processingto receive refugee status; the difficulty of returning home, if the circumstances under which the person received refugee status have not ended; equality of rights with citizens of a specific state; receiving housing, financial, medical and other social benefits; the possibility of protecting one's rights in case of their violation.So, according to statistical data, more than 7 million citizens left Ukraine with the start of hostilities, which challenged many states that sheltered our citizens. The analysis of scientific literature and normative legal documents allowed us to state that persons with refugee status are endowed with all the same rights as citizens of a particular state, except for the right to vote, which, traditionally, belongs only to legal citizens of the state.

Analysis of Sino-British Relations in post-Brexit Era

Brexit is the result of a combination of disillusionment with the European Union, a desire to restore the "Empire of the Sun" and a range of social issues. The impact of Brexit is also multifaceted. For the UK itself, its political and economic independence will be significantly enhanced, and "asserting sovereignty" will become a post-Brexit pursuit for the UK; for Sino-British relations, the UK's policy towards China may continue to highlight its "In addition, the UK may seek asylum in the US after Brexit, and the relationship between the UK and the US will appear more "ambiguous". As for the UK-EU relationship, the UK hopes to start negotiations with the EU as an independent sovereign state, mainly on economic aspects, while the EU hopes that the post-Brexit UK will still be under its control. All in all, whether it is the US, the EU or China, the UK should act in its own interests, respect the other side's reasonable interests and actively seek cooperation.

Rishikesh Shaha: A Historical Perspective

We must reflect upon the historical background of Nepal’s foreign policy and diplomacy, particularly at the United Nations (UN), to properly understand RishikeshSahah (1925- 2002) as a diplomat and politician. Shaha’s main contribution of public interest is related mainly to his role as Nepal’s permanent representative at the United Nations. During the Rana period, Nepal had the policy of keeping the country isolated from the rest of the world for fear of meddling by the British. JangaBahadur, the first Rana Prime Minister, had himself led the troops to assist the British colonialists in India to quell the police munity of 1857 and firmly expressed his assurance that there was no need for them to enter Nepal for any reason as they could benefit from Nepal without the need to colonize the country. Both the Ranas and the British colonial rulers in India had a common interest in keeping Nepal isolated from others but in close contact with British India for their own reasons. It is said that Nepal lost a total of about 60,000 soldiers in World War I and II. But, even as a sovereign independent state, Nepal did not participate in the San Francisco conference in 1945 to draft the Charter of the United Nations although it could have legitimately participated and become one of the founding members of the world organization. It was a missed opportunity.

THE RIGHT OF PEOPLES TO SELF-DETERMINATION IN THE POST-SOVIET COUNTRIES

The purpose of the article is to study the essence of the right of peoples to self-determination on the example of some post-Soviet countries. The methodological basis of the study consists of methods of cognition (analysis, synthesis, induction, deduction, analogy, comparison), general scientific methods, formal-logical method of interpretation of law, etc. The components of the methodological base are objectivity and a combination of critical and rational, constructive approaches. Results: after the collapse of the Soviet Union, the Socialist Republics became independent sovereign states, but formally rather than practically. The military conflicts in South Ossetia, Abkhazia and the Transnistrian Moldavian Republic, as well as Russia's ongoing war against Ukraine, have shown that there is still a need to reassess the role and importance of international political institutions and mechanisms for implementing international law. Discussion: the principles of territorial integrity of the state and the right of nations to self-determination are essentially related to the term «sovereignty», its interpretation and implementation in public policy. The different correlation of these principles in the state-building of modern countries leads to the intensification of geopolitical processes, often disintegration, which can lead to the development of various interethnic conflicts. The right to self-determination can be exercised in the form of autonomy within existing state borders, in the form of the creation of a sovereign state or in the form of the withdrawal of a certain people from the state (secession or irredentism). Following purely theoretical constructions, the «peoples» of South Ossetia, Abkhazia, and the Transnistrian Moldavian Republic have exercised their inalienable right to self-determination, and the «peoples» of Georgia and Moldova have violated their inalienable rights. Russia's aggression against Ukraine has become a shining example of the abuse of irredentist sentiments in society to justify armed aggression. A comparative analysis of irredentist attitudes in the civil society of post-Soviet countries allows us to highlight the features of such trends, as well as their impact on foreign policy.

Mapping the Landscape of the Inherent Right to Self-Determination of Peoples within Sovereign States

This essay explores the vexing question of the right to self-determination with particular reference to developments under both general international law and African regional law. It recognises the tension between the right to self-determination and the territorial integrity of states while arguing that the right to self-determination for peoples within sovereign independent states fits into emerging normative developments in international law practice and politics in Africa and beyond. These normative developments are a pointer that state-centric principles of territorial integrity are not inviolable. Meanwhile, they are also indices for identifying the limits of uti possidetis vis-à-vis the fundamental right of self-determination.

Regionalne uniwersum symboliczne Wysp Alandzkich

The Regional Symbolic Universum of the Aland IslandsThe author argues that the inhabitants of the Aland Islands exhibit a separate island identity. He describes the specific historical, geographical, social, political and legal situation of this region on the basis of the elements that constitute the local/regional symbolic universum. He points out that as a result of decades-long manifestations of a sense of separateness and of struggle to preserve and maintain this separateness, a regional culture has come into being, unique and specific to these Islands only. He claims that, based on this regional culture, a distinct ethnic identity has been constructed, which manifests itself as a strong collective WE, a sense that the inhabitants identify with the category “Aland Islander”, yet without establishing a national identity, and with no aspirations for an independent sovereign state.

К вопросу об институте президентства в Абхазии и Южной Осетии: сравнительно-правовой анализ

The article deals with certain aspects of the independent sovereign states of the South Caucasus, in particular, the residence requirement for a candidate for the post of President of South Ossetia, the conflicts that South Ossetian society faced in the presidential elections until recently. The legal problems of the statehood of Abkhazia and South Ossetia, which have been building democratic legal states for 14 years, are also analyzed. The author draws attention to many political and legal documents on the basis of which the state is built in Sukhumi and Tskhinvali. Particular attention is drawn to the analysis of the "Declaration on the principles of international law", which concerns friendly relations and cooperation between states and peoples. An important element of national self-determination is the right of peoples to seek and receive support on the basis of the UN Charter, which is analyzed in the proposed article. Arguments are given against various versions of far-fetched pretexts for allegedly providing assistance and realizing the nation's right to self-determination.

Peculiarities of local lore and tourist activity with pupil and student youth in Kharkiv region

In the modern socio-political life of Ukraine, the role of local lore is noticeably growing, which is aimed at preserving centuries-old cultural traditions, restoring the historical memory of the people, educating the patriotism of the citizens of an independent sovereign state. Socio-political, economic, environmental changes in the life of our country, which is being intensively reformed, affect on the younger generation. Therefore, the involvement of pupils and students in an interesting, useful and creative life by means of tourism and local lore is a socially necessary function, which is aimed at developing in accordance with the requirements of the time harmoniously developed creative personality. Various forms of work provide a comprehensive nature of tourism and local lore activities in the education, upbringing and rehabilitation of students, it provides ample opportunities for creative activities - sports, science, art, technical, social and pedagogical. The article considers the theoretical and methodological aspects of the organization and conduct of local lore and tourism work in out-of-school education institutions. The role and place of local lore and tourism activities in working with pupils and students on the example of Kharkiv region are indicated. The role of special out-of-school education institutions, in particular of the region in the avant-garde activity of this direction is substantiated. These are the centers of scientific, educational, methodical work first of all. Also in the article features of the organization of tourist and local lore activity of youth are noted. Forms of local lore activity among student youth are considered. The main directions of work with youth in Kharkiv region are investigated, on the example of the Municipal institution "Kharkiv regional station of young tourists" of the Kharkiv regional council. The activity of circles of tourist and local history and local lore directions in Kharkiv region is analyzed. The role and significance of tourist and local lore activities for the younger generation are determined.

A HISTORICAL APPRAISAL OF LEADERSHIP AND PROBLEMS OF NATION BUILDING IN POST-COLONIAL NIGERIA.

Nigeria shook off the British political hegemony and became an independent sovereign state in 1960. Soon after the independence, the nation-building process started in its full swing. The leaders who took over the mantle of power from the British overlords aimed at resolving many conflicting issues and crises but from various political and economic challenges the nation is plunged into, it is evident that the country has not been fortunate to have leaders who can be exhibiting the type of leadership that could command patriotism from followers. The paper focuses on the problems inhibiting nation-building in Nigeria and the types of leaders Nigeria have had. The work further offered useful suggestions that could help in building a virile, stable and viable, and developed nation.

The role of Tonga’s constitutional monarchy in preserving Tonga’s independence during the European colonial era in the Pacific

Tonga is the only island nation in the Pacific never to have been colonised by any European power, even though it was technically a British protectorate for 70 years from 1900. By the time the Pacific was being divided up among the great world powers, Tonga had a united population under a single constitutional monarch, King George Tupou I, who, under the expert guidance of his secretary (and later Prime Minister) Shirley Baker, negotiated treaties of friendship with Germany in 1876, Great Britain in 1879 and the United States in 1886, which all recognised Tonga as an independent sovereign state.

PALESTINE: RECONCILIATION AND PEACEBUILDING. PERSPECTIVES FROM THE CIVIL SOCIETY ORGANIZATIONS

This research paper aims to shed light on the theoretical perspectives and operational approaches adopted by the Palestinian civil society organization in connection with the peacebuilding and reconciliation process in the Palestinian context. The research question is what are the different moves, debates, and initiatives taken by the Palestinian civil society organizations to put an end to the conflict? Why could not they succeed or produce tangible results in fulfilling this goal? The first part of the paper considers debates, contexts, and developments of civil society organizations, in general, and Palestine, in particular, as well as their roles on political, national, cultural, and developmental levels. Civil society deepens its peaceful intervention in many developed and developing countries to build domestic peace and achieve reconciliation, along with other tasks and duties. Palestine’s case is not an exception but a unique case since the independent sovereign state of Palestine does not exist on the ground. The second part aims to deeply analyze the roles of civil society in the reconciliation process and to assess why this process failed to produce fruitful results until now. To use narrative methodologies, the paper collects primary data through structured interviews and the focus group. Interviews were conducted with the cadres and activists in the Palestinian civil society and other professionals and experts in this field. The last part concludes that civil society, especially among the youth, is necessary for reconciliation not only between Israeli and Palestinians but also within the Palestinians as well. Keywords: Civil Society, Peacebuilding, Israel, Palestine, conflict.

The Puerto Rican Economic Challenges and Alternatives: A Review of Recent Literature

The decline of Puerto Rico’s economy has been inextricably linked to the federal government’s phasing out and ultimate elimination of tax incentives that made it attractive for U.S. companies to establish operations on the island. One unsurprising consequence of these tax incentives is that they made the economy heavily dependent on both U.S. policies and the actions of U.S. companies. Thus, when the federal government repealed the incentives, including the well-known section 936, a major economic decline on the island was virtually inevitable, particularly in the absence of any alternative program to fill the vacuum left by the departure of U.S. firms. The consequence has been the creation of crippling debt, sky-rocketing unemployment, and the reversal of economic growth. The historical problems with the island’s fragile and outdated energy sector and power grid -- which are heavily dependent on expensive, imported fossil fuels, has been exacerbated by the economic decline. One viable solution in this critical sector is a transition to clean renewable energy, which would spur economic growth by increasing employment and enabling reduction of the debt. Execution of such a strategic option, however, is compromised by Puerto Rico’s status as a commonwealth rather than a U.S. state or independent sovereign state. Any long-term, meaningful reforms or programs for economic development are thus largely dependent on resolution of the status issue, which requires a decision by both the U.S. Congress and the people of Puerto Rico to determine on statehood or independence.

مافی چارەی خۆنووسینی گەلی کورد لە عێراق و تێڕوانینێکی یاسایی بۆ ڕیفراندۆمی هەرێمی کوردستان لە ساڵی ٢٠١٧دا

The right of self-determination is a legal concept under international law in which nations can freely determine their political status and freely pursue their economic, social and cultural development without external interferences. They may accomplish such self-determination either through uniting with another independent sovereign state or establishing an independent sovereign state for themselves. This principle is considered one of the international principles, which dates back to the American Revolutionary War (1776-1777) and the French Revolution (1789-1799). It was primarily a political right of nations. However, after the establishment of the United Nations, this principle developed to become a legal principle and attained jus cogens status. In this context, Kurdish nation in Kurdistan Region of Iraq has continuously attempted to obtain this right by relying on international principles, but it was always impeded by a number of factors. Unlike any other nation, so far, the Kurds were unable to exercise this right despite the fact that they chose various methods to obtain it. Finally, a referendum was held on September 9, 2017, as one of the peaceful ways to exercise this right, as it is considered one of the most diplomatic ways to take public opinion on crucial issues, including the issue of independence. However, this referendum was unsuccessful despite the fact that 92,73% of voters voted yes for independence. The failure of this referendum is due to several factors, which we attempt to refer to within the framework of our research.

ОСОБЛИВОСТІ СПІВРОБІТНИЦТВА ВІТЧИЗНЯНОГО БІЗНЕСУ З ТНК

At the beginning of the XXI century it can be argued that the formation of Ukrainian corporations can become one of the strategic priorities of public policy, which, provided the appropriate external environment, will increase the competitiveness of the economy and through the exclusive capabilities of national corporations development of Ukrainian economic structures, internationalization of their production and capital, integration of Ukraine into the world economy, its participation in global transformation processes. Promoting the generation of knowledge resources in Ukraine is determined mainly by increasing the competitiveness of both individual regions and the state as a whole. At the same time, the region’s ability to produce knowledge, in particular scientific knowledge, implement it and use it effectively to achieve effective socio-economic development are now becoming the main factors ensuring positive dynamics of economic development of regions along with traditional sources – investment and human labor. And Ukraine is no exception, as in terms of analysis of the preconditions for the formation of the knowledge economy in Ukraine, it can be argued that the modern domestic economy is in a new qualitative state, which is associated with changing economic conditions due to introduction of new, high technology in production, expansion of information space, mobility of capital, increasing the role of creativity, creative work, increasing the role of theoretical knowledge. As a result, one of the primary challenges facing the companies of the independent sovereign state of Ukraine at the beginning of the transition period was to restore the supply chain and find new markets in order to use excess production capacity. The emergence and nature of the activities of corporations in the Ukrainian market are influenced primarily by the volume of the domestic market; adequate structure of “free” labor (the region has significant resources of both qualified personnel and cheap labor needed to organize mass production; traditionally close economic ties between the countries).