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The role of the military in combating human trafficking: A South African perspective 军队在打击人口贩运中的作用:一个南非的观点
Pub Date : 2017-12-14 DOI: 10.5787/45-2-1211
N. Mollema
Human trafficking is a complex and diverse crime affecting both individuals and countries across the world. As a significant facet of transnational organised crime and one of the most lucrative criminal enterprises globally, human trafficking was ranked in 2015 as the second most profitable crime around the world, making it the fastest-growing source of revenue for organised criminal operations internationally. In 2015 South Africa implemented comprehensive anti-trafficking legislation. Before such legislation was enacted, the South African government also ratified several international and regional human-rights instruments in terms of which specific duties are imposed upon the state to effectively combat and punish the crime including the protection of the rights of victims. The focus of this article is the desired role of the military in combating human trafficking in South Africa.  In 2004, the North Atlantic Treaty Organisation adopted a Policy on Combating Trafficking in Human Beings of 2004. The policy sets out various strategies for ensuring regional co-operation in combating human trafficking. It is suggested that the South African National Defence Force takes the initiative in formulating a similar policy in order to effect better co-operation amongst nation states in Africa, especially in the southern region of Africa, to combat human trafficking.  In order to meaningfully address the role of the Defence Force in the fight against human trafficking and to develop evidence-based strategies and policies, regional coordination in combating trafficking is paramount. This article will examine current legislation, instruments and strategies as regards human trafficking in order to make further recommendations for counter-trafficking policy standards and best practices for the South African National Defence Force.
人口贩运是一种复杂多样的犯罪,影响到世界各地的个人和国家。作为跨国有组织犯罪的一个重要方面和全球最赚钱的犯罪企业之一,人口贩运在2015年被列为全球第二大最赚钱的犯罪,使其成为国际上有组织犯罪活动增长最快的收入来源。2015年,南非实施了全面的反贩运立法。在立法之前,南非政府还批准了一些国际和地区人权文书,根据这些文书,国家有具体的义务有效地打击和惩罚犯罪,包括保护受害者的权利。本文的重点是军方在南非打击人口贩运方面所希望发挥的作用。2004年,北大西洋公约组织通过了《2004年打击贩运人口政策》。该政策订明各项策略,以确保区域合作打击贩卖人口。兹建议南非国防军采取主动,制订一项类似的政策,以便在非洲各民族国家之间,特别是在非洲南部地区,更好地合作打击人口贩运。为了有意义地处理国防军在打击人口贩运方面的作用,并制定基于证据的战略和政策,打击人口贩运的区域协调至关重要。本文将审查有关人口贩运的现行立法、文书和战略,以便为南非国防军反贩运政策标准和最佳做法提出进一步建议。
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引用次数: 2
A laws of war review of contemporary land-based missile defence system ‘Iron Dome’ 当代陆基导弹防御系统“铁穹”的战争法回顾
Pub Date : 2017-12-14 DOI: 10.5787/45-2-1207
J. Block
Automated precise guided missile defence has been around for some years, and is a modern-day mechanism used frequently since 2011 to defend against rocket attacks penetrating national airspace. Israel’s automated Iron Dome Missile Defence System has intercepted over 1 000 rockets during two recent military campaigns, namely Operation Pillar of Defence in 2012 and Operation Protective Edge in 2014. This ‘human-in-the-loop’ technology may become increasingly normal in urbanised cities as states look to strengthen their aerial defence capabilities. However, the deployment of advanced sensor-based technology on the battlefield was predicted by the International Committee of the Red Cross (ICRC) in its 1987 Commentary to Additional Protocol I to bring about potentially disastrous consequences. Numerous roboticists, lawyers, and scientists have expressed concern, calling for a ban on similar fully autonomous weapon systems. There is no definitive answer yet as to the legality of actively deploying such a weapon system against rocket attacks. This article considers individual technological design choices made by Iron Dome’s manufacturer Rafael Advanced Defence Systems (Rafael) and explains trends as military efficiency is enhanced and legal provisions appear to be honoured within separate elements of the weapon system. Assessing the legalities and efficiencies of Iron Dome could inform future missile defence systems like Denel’s Cheetah Skyshield.
自动精确制导导弹防御系统已经存在多年,自2011年以来,它是一种现代机制,经常用于防御渗透国家领空的火箭袭击。以色列的自动化铁穹导弹防御系统在最近的两次军事行动中拦截了1000多枚火箭,即2012年的“防御支柱”行动和2014年的“护刃”行动。随着各国希望加强其防空能力,这种“人在环”技术可能在城市化城市中变得越来越普遍。但是,红十字国际委员会(红十字委员会)在其1987年对《第一附加议定书》的评论中预测,在战场上部署基于先进传感器的技术可能会带来灾难性的后果。许多机器人专家、律师和科学家对此表示担忧,呼吁禁止类似的全自动武器系统。关于积极部署这种武器系统以对抗火箭攻击的合法性,目前还没有明确的答案。本文考虑了“铁穹”制造商拉斐尔先进防御系统公司(Rafael Advanced Defence Systems)所做的个别技术设计选择,并解释了随着军事效率的提高和武器系统各部分的法律规定似乎得到尊重的趋势。评估铁穹的合法性和效率可以为未来的导弹防御系统提供信息,比如丹尼尔的猎豹天盾。
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引用次数: 4
Powers of the South African National Defence Force to enforce South African law at sea 南非国防军在海上执行南非法律的权力
Pub Date : 2017-12-14 DOI: 10.5787/45-2-1209
A. Smit
Law enforcement at sea requires specialised capabilities, training and legislation due to the unique legal and physical environment within which it is conducted. The South African National Defence Force (SANDF) is increasingly deployed for enforcing South African law at sea, and a constitutional democracy with entrenched human rights requires that the SANDF performs this function in a lawful and compliant manner with reference to international and domestic law. The present study sought to contribute to a greater understanding of the legal framework for law enforcement at sea by the military, and surveyed the applicable international and domestic legal prescripts to describe briefly the nature of law enforcement tasks involved. The law enforcement powers of the SANDF are pointed out in this article and discussed in the context of the applicable legal prescripts that straddle the boundaries between a collection of different areas of law. Some observations are made on possible human rights concerns, cooperation with other government departments, and considerations for the military commander are pointed out before conclusions are drawn.
由于海上执法所处的独特法律和物理环境,需要专门的能力、培训和立法。南非国防军(SANDF)越来越多地部署在海上执行南非法律,一个人权根深蒂固的宪政民主国家要求SANDF以合法和合规的方式参照国际法和国内法履行这一职能。本研究力求促进对军事海上执法的法律框架有更深入的了解,并调查了适用的国际和国内法律规定,以简要说明所涉执法任务的性质。本文指出了特种部队的执法权力,并在适用的法律规定的背景下进行了讨论,这些法律规定跨越了不同法律领域之间的界限。在得出结论之前,对可能存在的人权问题、与其他政府部门的合作以及对军事指挥官的考虑提出了一些意见。
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引用次数: 0
The interplay between national interest and idealism regarding Sweden's Gripen exports 关于瑞典鹰狮战斗机出口的国家利益和理想主义之间的相互作用
Pub Date : 2017-08-25 DOI: 10.5787/45-1-1195
W. Coetzee
The study on which this article is based, aimed to map out and analyse the ways in which Sweden’s Gripen exports have been shaped and sustained since the end of the Cold War. It did so by examining three interrelated factors that have had an effect on Sweden’s defence industry. By illustrating how societal preferences, defence and security policy shifts, and the role of national identity have influenced weapons manufacturing and exports, this article provides a balanced overview of the most salient push and pull factors of Sweden’s Gripen exports. The central contention of the study was that Swedish weapons manufacturing and exports often involve a close interaction between interests and ideals. Moreover, due to the multitude of richly correlated, interconnected and mutually reinforcing elements related to such practices, there cannot be a neat and parsimonious distinction between agents and structures and domestic and international settings. Instead, the study was especially reflective of real-world practices and the strategic relational approach between those forces that shape and sustain Sweden’s Gripen exports.
本文所依据的研究旨在绘制和分析自冷战结束以来瑞典鹰狮出口的形成和维持方式。它通过研究对瑞典国防工业产生影响的三个相互关联的因素来做到这一点。通过说明社会偏好、国防和安全政策转变以及国家身份的作用如何影响武器制造和出口,本文对瑞典鹰狮出口最突出的推动和拉动因素进行了平衡的概述。该研究的核心论点是,瑞典的武器制造和出口往往涉及利益与理想之间的密切互动。此外,由于与这些做法有关的因素有许多相互关联、相互联系和相互加强的因素,因此在机构和结构以及国内和国际环境之间不可能有一个简单和简洁的区别。相反,该研究特别反映了现实世界的实践,以及塑造和维持瑞典鹰狮出口的那些力量之间的战略关系方法。
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引用次数: 3
Military involvement in post-conflict transformation in African peace-building 军事参与非洲建设和平的冲突后转型
Pub Date : 2017-08-25 DOI: 10.5787/45-1-1192
R. Ferreira
Post-conflict transformation is a difficult task, since renewed violence frequently flares up after peace treaties have been signed. Failure to end conflict often results from misinterpretations of the roots or an inability of the conflict to create suitable exit strategies for military forces. Reintegration of soldiers and non-state armed actors entails delicate and complex procedures, which are central in maintaining security in a newly created democracy. These all point to the important role of the military in post-conflict transformation. The focus of the study on which this article is based, was on evaluating the role and place of military forces in post-conflict peace-building activities. These activities relate to diverse peacekeeping experiences in Africa, and focused on flaws and challenges in post-conflict peace-building missions in the Democratic Republic of Congo, Sudan and the Central African Republic; post-conflict transformation and development; security sector reform and South Africa’s participation as member of the Southern African Development Community.
冲突后的转型是一项艰巨的任务,因为在和平条约签署之后,暴力经常会重新爆发。未能结束冲突往往是由于对冲突根源的误解或冲突无法为军事力量制定适当的退出战略。士兵和非国家武装行为者重返社会需要微妙和复杂的程序,这是在一个新建立的民主国家维持安全的核心。这些都表明了军队在冲突后转型中的重要作用。本文所依据的研究报告的重点是评价军事力量在冲突后缔造和平活动中的作用和地位。这些活动涉及非洲不同的维持和平经验,并侧重于刚果民主共和国、苏丹和中非共和国冲突后建设和平特派团的缺陷和挑战;冲突后转型与发展;安全部门改革和南非作为南部非洲发展共同体成员的参与。
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引用次数: 2
A proposed typology of the military bully 一种被提议的军事恶霸的类型
Pub Date : 2017-08-25 DOI: 10.5787/45-1-1196
Donovan J. Kalamdien, Audrey Lawrence
Workplace bullying is a pervasive problem faced by organisations globally. Although progress has been made in augmenting our understanding of the phenomenon within diverse work settings, the military remains one work environment where dialogue into the phenomenon is not forthcoming. Scientific enquiry into bullying in the military is virtually non-existent. The aim of this study was to provide a conceptual analysis and review of workplace bullying literature, whilst also characterising the personas of military bullies and initiatives to assist them in correcting their behaviour. The associated costs to an organisation necessitate the urgency with which this issue needs to be addressed, especially within the military environment.
职场欺凌是全球企业普遍面临的问题。虽然在增进我们对不同工作环境中这一现象的理解方面取得了进展,但军队仍然是一个无法就这一现象进行对话的工作环境。对军队中欺凌行为的科学调查实际上是不存在的。本研究的目的是对工作场所欺凌文献进行概念分析和回顾,同时也描述了军事欺凌者的角色和帮助他们纠正行为的举措。一个组织的相关费用使得迫切需要解决这一问题,特别是在军事环境中。
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引用次数: 2
Duty: Memoirs of a Secretary at War 职责:战地秘书回忆录
Pub Date : 2017-08-25 DOI: 10.5787/45-1-1197
T. Beukes
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引用次数: 0
Book Review: Black Hawks rising: the story of AMISOM’s successful war against Somali insurgents, 2007-2014 书评:《黑鹰崛起:2007-2014年非盟索马里特派团成功打击索马里叛乱分子的故事》
Pub Date : 2017-08-25 DOI: 10.5787/45-1-1199
H. Solomon
Book Title:  Black Hawks rising: the story of AMISOM’s successful war against Somali insurgents, 2007-2014 Book Author:  Opiyo Oloya Helion and Company. London. 2016. 262pp. ISBN 9781910777695.
书名:《黑鹰崛起:非盟索马里特派团成功打击索马里叛乱分子的故事》,2007-2014伦敦,2016年。262页。ISBN 9781910777695。
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引用次数: 0
Composite Warfare: The conduct of successful ground force operation in Africa 复合作战:在非洲进行成功的地面部队作战
Pub Date : 2017-08-25 DOI: 10.5787/45-1-1198
A. Esterhuyse
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引用次数: 1
The brutality of war: A perspective on the actions of Olaf Bergh’s black scouts at Smaldeel during the South African War (1899-1902) 战争的残酷:从南非战争(1899-1902)期间奥拉夫·伯格(Olaf Bergh)在斯莫尔代尔(smalldeel)的黑人侦察兵行动的角度看问题
Pub Date : 2017-08-25 DOI: 10.5787/45-1-1193
P. Labuschagne
The intensity of the South African War (1899-1902) escalated sharply during the guerrilla phase in the rural areas outside the conventional theatre of operations. The conflict, which already resembled a total war, had a devastating destabilizing effect on the socio-economic stability and internal security in the rural areas of the two Boer Republics. The resulting lack of internal or domestic security in the rural areas eroded internal control by the Boer community and giving rise to a power vacuum. This development put the black population in the position to challenge white rule. This challenge took the form of armed black units under the command of either ‘joiners’ or British officers that started to operate in the unregulated and unsecured space. The black units committed tasks in the power vacuum that varied from spying to assisting the British forces to transport Boer women and children from their farms to concentration camps. In some cases armed blacks also operated as a military unit to challenge small pockets of Boers. The Boer population reacted with bitterness against these armed units. The expressed animosity even surpassed the adverse feelings they had for the British. The aim of the article is to investigate this phenomenon, with specific focus on the actions of Olaf Bergh in the Free State, who commanded a Winburg unit consisting of 500 armed blacks. Bergh’s actions at Smaldeel station in the central Free State caused anger and bitterness that lingered for decades after the War. The focus of the article is to explain why the reaction against Bergh and his black unit was so strong and bitter, and also disproportionally stronger than the general feeling of animosity toward the British.
南非战争(1899-1902)的激烈程度在常规战区以外的农村地区的游击阶段急剧升级。这场已经象是一场全面战争的冲突对两个布尔共和国农村地区的社会经济稳定和内部安全造成了破坏性的破坏。因此,农村地区缺乏内部或国内安全,削弱了布尔社区的内部控制,造成了权力真空。这一发展使黑人处于挑战白人统治的地位。这种挑战的形式是黑人武装部队在“工匠”或英国军官的指挥下,开始在不受管制和不安全的地方行动。黑人部队在权力真空中承担各种任务,从间谍到协助英国军队将布尔妇女和儿童从农场运送到集中营。在某些情况下,武装的黑人也作为一个军事单位来挑战布尔人的小口袋。布尔人对这些武装部队反应强烈。这种表达出来的敌意甚至超过了他们对英国人的反感。本文的目的是调查这一现象,特别着重于奥拉夫·伯格在自由邦的行动,他指挥了一支由500名武装黑人组成的温伯格部队。伯格在自由州中部斯莫尔迪尔车站的行为引发了战争结束后几十年的愤怒和痛苦。这篇文章的重点是解释为什么对伯格和他的黑人部队的反应如此强烈和痛苦,也不成比例地强烈于对英国人的普遍敌意。
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引用次数: 0
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Scientia Militaria: South African Journal of Military Studies
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