刑法修正案（五）新增军事犯罪的罪名探析

对《刑法修正案(五)》第三条增设的过失军事犯罪的具体罪名,刑法学界和司法实务界存在分歧。通过对用词的分析,根据罪名的确定原则,认为最佳选择的罪名是"过失损坏武器装备、军事设施、军事通信罪"。     

The Taliban's ‘military courts’

The Taliban's ‘code of conduct’, which lists rules of discipline for the fighters, has been widely discussed, but do the Taliban try to implement it? This article discusses the structures that the Taliban have put in place for this purpose and their evolution over the years. It assesses that while the Taliban's ‘military justice’ system is still work in progress, the fact that it has attracted a significant investment in human resources bears witness to a serious intent of the leadership. However, the Taliban's concern with the behaviour of their fighting force is driven by their own political calculus, not by any sympathy for the international law of conflict.     

Beyond the Double Game: Lessons from Pakistan’s Approach to Islamist Militancy

States commonly take one of three approaches to militant groups on their soil: collaboration; benign neglect; or belligerence. All three approaches are present in Pakistan, where some groups also move back and forth among these categories. I employ the term “coopetition” to capture this fluidity. The dynamic nature of militancy in Pakistan makes the country an excellent laboratory for exploring a state’s assessment of the utility an Islamist militant group offers, and the threat it poses relative to other threats informs the state’s treatment of that group. In this article, I put forward a typology that situates Islamist militants in Pakistan in one of the above four categories. I also illustrate how a group’s identity, objectives, and alliances inform assessments of its utility and threat relative to other threats. In addition to enhancing our understanding of militant–state dynamics, this taxonomy builds on and helps to unify earlier typologies of Pakistani militancy.     

India’s Taliban Dilemma: To Contain or to Engage?

India’s Afghanistan policy in the 1990s is termed a zero-sum game of influence with Pakistan. New Delhi’s aversion to the pro-Pakistan Taliban regime is considered a marker of this rivalry. This paper revisits India’s approach towards Afghanistan and examines if New Delhi was necessarily averse to engaging with pro-Pakistan political factions during 1990s. Based on fresh primary interviews with former Indian policymakers, media archives, and official reports, the paper shows that India engaged with and accommodated pro-Pakistan factions after the Soviet withdrawal in 1989 until 1996. The Taliban’s rise to power in Kabul in September 1996 challenged India’s engage-with-all approach. Nonetheless, the decision to sever ties with the Taliban and to bolster anti-Taliban factions was highly debated in New Delhi. Many in India saw the Taliban as a militant Islamist force sponsored by Pakistan. For others, however, it was an ethno-nationalist movement representing Pashtun interests, and not necessarily under Islamabad’s control.     

Brinkmanship,not COIN,in Pakistan’s post-9/11 Internal War

Politics is critical to making sense of Pakistani successes and failures in dealing with non-state armed groups. This includes domestic political currents; regional political currents; and the global impetus of the post-9/11 era. How these currents overlap renders to any reading of insurgency in Pakistan real complexity. This article engages with this complexity rather than shirking from it. Its hypothesis is that while the insurgency bordering Afghanistan has been an epicentre of Pakistani military efforts to fight the Taliban, this theatre is in of itself insufficiently inclusive to grasp the nature of Pakistan’s security challenges and its consequent responses.     

ai Jiao Tong University,Sh

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