New security strategies and development of international cooperation against terrorism in the light of the legal order of the United Nations
Journal Title: The Polish Journal of Criminology - Year 2015, Vol 1, Issue 1
Abstract
New security strategies and development of international cooperation against terrorism in the light of the legal order of the United Nations is deeply connected with the present broad phenomenon of international security, which lies at the crossroads of several academic disciplines. The present scientific method and contemporary research used in this analysis show a successful way by using mechanisms of strategic protection and international legal order for creation of a new complex common antiterrorist security policy for active members of international community, like the Republic of Poland for example, in case of the threat of international terrorism. They will provide the analytical tools required by policy makers and the wider public as they confront an increasingly complex security agenda, which includes the issues dealing with the global governance in the perspective of combating of the international terrorism. The role of international organizations especially broadly presented in this analysis the significance of the United Nations Organization (UN), and the legal framework of the UN in combating of international terrorism is very essential. The analysis of complex character of the new security strategies and development of international cooperation against terrorism in the light of the legal order of the United Nations proves that the basic principles of standards of international security and international legal order are respected efficiently. This is clearly seen in the sovereignty of the state and the attributes of a universal international organization, namely the United Nations, in respecting legal and international standards. Today, the practice of the main subjects of international law is the basis and starting point for creating the abovementioned law, which is able to make the modern architecture of international security by its efficient mechanisms. Creating legal norms they should go much beyond current legal standards and serve more efficiently for legal protection of the international community against terrorism. This is the main challenge not only for the security for contemporary international community. An effective and prevention-focused response to terrorism, however it is analysed: as a strategic issue or international legal framework, should include a strong criminal justice element: one that is guided by a normative legal framework and embeddied in the core principles of the rule of law, due process and respect for human rights. Perpetrators of terrorist acts as defined in the universal legal instruments against terrorism are criminals, and they should therefore be dealt with by the criminal justice process as it is the most appropriate and fair mechanism to ensure that justice is achieved and the rights of the accused are protected. The legal framework of these legal instruments maintains the basis for the practice in the national and external protection of security. They are also useful guidelines for this state for possible terrorist attack and propose concrete legal instruments for combating of them. Therefore, the application of these legal instruments and guidelines is mainly the problem of the police and domestic courts. Finding an evidence in the cooperation between the police and the courts has improved on both bilateral and regional level. Today, the majority of prescriptive issues has resulted in success. For sovereign and democratic states future role, being an active partners in international cooperation in criminal cases, especially concerning extradition, mutual legal custody and the right of realizing cooperation, is required as the preliminary condition for effective implementation of the legal structure, concerning the fight against terrorism.
Authors and Affiliations
Marcin Lech
Penology at source: Francis Lieber
This article presents the person of Francis Lieber, an American intellectual of German origin, who lived in the 19th century. During his life he was interested in many issues, inter alia criminal punishment and prison sy...
Effectiveness of conditional release in the context of reasons for its appeal
The article presents selected changes in the functioning of the conditional release institution as well as conditional release appeal. This paper aims to discuss the effectiveness of applying conditional release in the c...
Penologia u źródła: Francis Lieber
Artykuł przedstawia sylwetkę Francisa Liebera, żyjącego w XIX wieku amerykańskiego intelektualisty niemieckiego pochodzenia, który podczas swojego życia zajmował się wieloma zagadnieniami, między innymi karą kryminalną i...
Raport z badań nad wzajemnymi społecznymi reprezentacjami zawodowych kuratorów sądowych do spraw dorosłych i ich podopiecznych
W odwołaniu do teorii społecznych reprezentacji Serga Moscoviciego oraz posługując się metodologią wywiadu rozumiejącego Jean-Clauda Kaufmanna, dokonałem analizy wywiadów przeprowadzonych z zawodowymi kuratorami sądowi d...
Punishment, Penal Policy and Citizenship
This chapter reviewed the legal and political debates on punishment, penal policy and citizen-ship, with particular reference to voting rights for prisoners. With universal adult suffrage taken for granted in liberal dem...