Report on the Academic Conference on Crime Control, Security and New Technologies
14.11.2022
New book on Constitutions and Transitional Justice!
12.11.2022
A Union or, rather, a Dis-Union of Nations?
Report on the Academic Conference on Crime Control, Security and New Technologies
August last year, the research group on Crime Control and Security Law organized a conference in Tromsø on Crime Control, Security and New technologies. Christian Thönnes, Doctoral Researcher at the Max Planck Insitute for the Study of Crime, Security and Law, Freiburg im Breisgau, Germany has written a report on the conference for the New Journal of European Criminal Law.
New book on Constitutions and Transitional Justice!
“Constitutionalizing Transitional Justice - How Constitutions and Constitutional Courts Deal with Past Atrocity”
This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past.
Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools.
The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice.
The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.
Research group member Artem Galushko has contributed a chapter to the anthology "State-Building, Rule of Law, Good Governance and Human Rights in Post-Soviet Space".
The Paris Peace Conference (1919–1920) led to the creation of the League of Nations, the adoption of minority treaties and the development of key international principles such as non-discrimination, territorial autonomy and national self-determination. Nationality policies also played a key role in the creation of the Soviet Union after the fall of the Russian Empire.
A hierarchy of “titular nations” and other informal Soviet practices have a threefold influence on the current situation with human rights in the former USSR.
First, although constitutions of newly independent post-Soviet states guarantee formal rights protection of various minority groups in accordance with international human rights instruments, these provisions often remain inoperable.
Second, Russian communities that played an unofficial role of the Soviet primary titular nation complain that they lost their privileged status in the post-Soviet states. This, in turn, leads to conflicting interpretations of international law and human rights by the “kin state,” Russia, and those post-Soviet states, where “kinsmen” of Russia comprise a significant proportion of the population.
Third, the old Soviet legacies of national enclaves and politicized ethnicity remain a source of inter-ethnic hostilities and conflict in the region.
The research group on crime control and security law focuses on different judicial, quasi-judicial and non-judicial instruments of crime control on the national, regional and international level. The group aims at debating the relationship between fundamental personal freedoms and security in the light of change of the landscape of our social co-existence and recent developments in criminal justice and the security law architecture.
International and national armed conflicts, mass violence, terrorism, organised crime, large-scale environmental crimes, etc. are a permanent threat to mankind and the entire planet. One way to respond to these threats is the creation of criminal responsibility for individuals (and corporations). Typically, criminal law is considered the manifestation of the ultima ratio application of the monopoly of power by national states. But in a globalised world and the transnational crime associated with it, criminal law leaves the strict boundaries of the national state and its territory aside to form a new subcategory of law: International Criminal Law. The examination, the deeper understanding, and the application of this legal subsystem are the primary goals//objectives of this course. To generate a better understanding of the functions and the logic of this system of international criminal law and how it interacts with other legal and non-legal systems (such as truth commissions, customary procedures, etc.), this course is divided into three main parts:
1. General concepts of international criminal law: Four categories
2. ‘Atrocity crimes’: International Criminal Law strictu sensu
3. Transitional Justice: Plurality of legal, quasi-legal, and non-legal responses to mass violence and large-scale conflicts.
Hennig, Martin. Ulovlig påvirkningsvirksomhet i samarbeid med fremmed etterretningstjeneste. Nordisk Tidsskrift for Kriminalvidenskap 2021 (3), s. 434-451.
Galushko, Artem.A Union or, rather, a Dis-Union of Nations? Legacies of Soviet “Nationality Policies” and their Influence on Law and Practice in the Post-Soviet States. In: State-Building, Rule of Law, Good Governance and Human Rights in Post-Soviet Space. Routledge 2022 ISBN: 9781003198024
2021
Rui, Jon Petter; Knust, Nandor; Billis, Emmanouil. The Typology of Proportionality. In: Proportionality in Crime Control and Criminal Justice. Hart Publishing Ltd 2021 ISBN 9781509938605. s.3-28 UiB UiT
2020
Rui, Jon Petter. Fra menneskerettighetsdomstolen. Unntak fra bevisumiddelbarhetsprinsippet ved opplesing av vitneforklaring under hovedforklaring avgitt av vitne som møter, men ikke vil forklare seg. Tidsskrift for strafferett 2020 s.92-99 UiT
2019
Rui, Jon Petter; Søreide, Tina. Governments' Enforcement of Corporate Bribery Laws: A Call for a Two-Track Regulatory Regime. Tidsskrift for Rettsvitenskap 2019 ;Volum 132.(2) s.132-162 NHH UiT