中朝边境地区跨境毒品犯罪问题研究

受国际毒潮的影响,中朝边境地区不仅面临着来自朝鲜毒品的直接渗透,而且还是“金三角”、“金新月”毒品的终端和中转站,呈现出贩运路线相对固定,入境地点相对集中,人员结构复杂,毒品贩运方式、手段诡秘等特点。由于跨境毒品走私案件不断增多,中朝边境地区禁毒形势日益严峻,并由此引发了一系列的社会问题,影响了中朝边境地区的安全与稳定,给边境地区缉毒工作带来了新的困难和挑战。     

云南边境地区毒品犯罪特点及对策

当前,云南边境地区毒品犯罪呈现出武装贩毒明显、特殊人群贩毒突出、境内外相互勾结、缅甸籍人员贩毒突出等特点.这源于人们对毒品犯罪的危害认识不足、宣传教育力度不够、受毒品高额利润驱动等原因.要提高打击毒品犯罪实效,必须采取加强综合冶理、完善法律制度、加强区域合作、加强情报调研工作、加大专项打击力度等措施.     

海上毒品案件实物证据的特点和收集

收集证据是办理刑事案件的一项重要工作内容。实物证据是海上毒品案件的一种重要证据形式,虽然收集难度大,但对于追查和打击毒品犯罪却能够发挥重要作用。因此,侦查人员要了解海上毒品犯罪案件实物证据的特点、种类以及收集方法,以便更有效地打击毒品犯罪。     

金新月毒情对我国禁毒工作的影响及对策

当前,“金新月”地区毒品生产、加工、贩运泛滥。我国西北地区与“金新月”相邻,近年来从该地区流入我国的毒品呈现迅猛上升的趋势,对我国禁毒工作构成了严重的威胁。     

Historical and Political Background to the Erosion of the Rule of Law and Human Rights During Sri Lanka’s Civil War and the Way Forward

The Sri Lankan Civil War (1983–2009) is regarded as a violent reflection of deepening divides along political and ethnic lines. During this civil war the Sri Lankan Government and its security forces have been implicated in unlawful killings carried out in a pervasive manner against civilians, whilst at the same time specifically targeting ethnic Tamils, humanitarian workers and journalists. The human rights of all citizens suffered as a result and ultimately led to the weakening of the rule of law. With the end of the civil war, the Sri Lankan Government has made little progress in providing accountability for wartime abuses. Its absence of and reluctance to ensure justice is seen as a logical culmination of decades of impunity. The importance of acknowledging historical behaviour and taking accountability for past violations will be discussed. In an analysis for paving the way to a new democracy in Sri Lanka, the main outcomes of this article are calls for accountability arising out of the government’s actions during the war; an investigation into the present state of human rights, the rule of law and finally; an examination into the political solution going forward to ensure a process of reconciliation and peaceful co-existence.     

The rhetoric and practice of the international responsibility to prevent mass atrocities: Reflections on South Africa’s peacebuilding role in South Sudan (2005–2013)

While global consensus on the meaning and application of the responsibility to protect (R2P) principle remains tenuous, there is little contention among major actors that the development of the norm should prioritise the prevention of mass atrocities. In particular, Brazil, Russia, India, China and South Africa (BRICS) – which have a role to play that is vital to the future development of R2P as a global norm but which continue to express reservations about the intent and application of the doctrine – have been strong advocates of the preventive aspects of the principle. This rhetorical consensus, however, belies the conceptual and practical challenges that are associated with the prevention of mass atrocities. In this paper, the example of South Africa’s post-conflict reconstruction and development (PCRD) interventions in South Sudan from 2005 to 2013 is used to reflect on the role of external actors in supporting conflict-affected states to implement the preventive aspects of R2P. It is argued that while South Africa, like other BRICS countries, has used the rhetoric that atrocity prevention should be at the core of R2P to legitimise its opposition to military intervention for humanitarian purposes, it has struggled to back this rhetoric with coherent strategies and concrete actions to prevent mass atrocity crimes within its sphere of influence. The gap between rhetoric and practice in the preventive aspects of R2P is not unique to South Africa, but highlights fundamental difficulties inherent to global efforts to prevent mass atrocities.     

Case Study Commentary and Analysis: The Moral Sword of Damocles

Case summary, by James Cook (Case Study Editor):

In the final issue of the 2015 volume of the Journal of Military Ethics, we published a case study entitled “Coining an Ethical Dilemma: The Impunity of Afghanistan’s Indigenous Security Forces”, written by Paul Lushenko. The study detailed two extra-judicial killings (EJKs) by Afghan National Police (ANP) personnel in an area stabilized and overseen by a US-led Combined Task Force (CTF). To deter further EJKs following the first incident, the CTF’s commander reported the incidents up his chain of command and used the limited tools at his disposal to influence local indigenous officials directly. Apparently, the ANP unit took no notice. In his commentary on the case study, Paul Robinson considered moral compromise in war more generally. Coalition troops in Afghanistan, for instance, have encountered not just EJKs but also sexual abuse of minors, killing of non-combatants, kidnapping, torture, and widespread corruption. What should the soldier on the ground do if indigenous personnel violate Laws of Armed Conflict (LOAC) with impunity? Refusing to serve will not right or prevent moral wrongs, while staying on to fight the good but futile fight will mire the soldier in moral compromise. “?… [S]oldiers faced with this dilemma have no good options. The systemic failings surrounding them mean that it is probable that nothing they do will help”. In a concluding note, I suggested that while an individual soldier may indeed have no good options, as Paul Robinson suggests, that soldier’s military and nation at large are obliged to do what they can. At least, they must keep to the moral high ground so as not to give indigenous security forces an excuse to misbehave, and determine the nature of crimes such as EJKs: are they outlaw acts or in fact endorsed by the indigenous culture and perhaps even government? Below Colonel Dave Barnes, himself a veteran of Operation Enduring Freedom, analyzes Paul Lushenko’s case study at “?…?the local, tactical level: If a commander is in this situation – where her unit witnesses an EJK or other war crime – what should she do?”     

Ungoverned space? Examining the FARC's interactions with local populations in Northern Ecuador

The Ecuadorian state has long been absent from the regions along its northern border with Colombia. I argue that this lack of state presence has allowed non-state armed groups and criminal organizations space to not only operate from these areas, but also, to challenge and change the relationship between local populations and the Ecuadorian state. After reviewing theoretical approaches to concepts of changing security paradigms and ungoverned space, the article details the conditions that have allowed armed groups, specifically the FARC, to take advantage of the lack of state presence along Ecuador's northern border.     

新疆毒品犯罪问题的现状特点及发展趋势研究

新疆与周边8个国家毗邻,又处于“金新月”和“金三角”两大毒源的夹击中,随着境外毒品对新疆“多头入境,全线渗透”的进一步加剧,新疆面临着更为严峻的缉毒斗争形势,已影响到新疆的社会稳定和经济建设。从维护新疆长治久安和人民群众安居乐业的目的出发,对新疆毒品犯罪问题的现状和特点进行了剖析,并对今后新疆毒品发展的趋势进行了预测。     

论控制下交付与贩卖毒品罪的形态

近年来,关于控制下交付是否会影响贩卖毒品罪的形态,在控制下交付状态下实施的贩卖毒品犯罪的犯罪形态该如何认定等问题越来越受到理论界和实践部门的关注。从控制下交付的基本问题入手,分析了贩卖毒品罪既遂与未遂的标准,进而讨论了控制下交付对贩卖毒品罪形态的影响。