Danijela Barjaktarovic | Faculty of European Legal and Political Studies (original) (raw)

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Papers by Danijela Barjaktarovic

Responsibility to Protect in Theory and Practice (Conference Papers), edited by Vasilka Sancin and Masa Kovic Dine, Ljubljana, 2013, pp. 891-915

Regarded as an inevitable consequence of wartime violence against women has for a long time been ... more Regarded as an inevitable consequence of wartime violence against women has for a long time been considered as a traditional form of masculine dominion. Furthermore, it has
been denoted as a determinative method and mean of the conventional warfare. The raise of awareness about the enduring suffering of females shifted the traditional paradigm toward the need of feminine protection and security. One of the methods to eliminate the violence and achieve female protection is to be observed within the concept of the Responsibility to protect adapted to suit the special needs of feminine protection.
Namely, as a female logic is allotted in the discourse of care and solidarity, the standard application of R2P envisaged in the use of force as a form of masculine logic, is not to be considered as an adequate method. Its inadequacy is especially alarming, as women rights are additionally endangered during the forcible application of R2P and similar methods. Female issues, therefore, cannot be administered in the masculine way. On the contrary,
only with the systematic concern and methodological administration of women protection, due analysis of feminine victimization and intensive responsibility in regard to
all aspects of violence against them, the protection of feminine population could be achieved. Referring to R2P doctrine, the first and third pillars of the doctrine, that is responsibility to prevent and responsibility to rebuild, might be professed as a solid
theoretical and practical grounds. For those pillars to be functional, few elements have to be satisfied. Sex and gender crimes more visible, principles of communal concern
developed and female position in patriarchic society re-questioned. In this article, the author discusses about those elements, and questions the possibility of renewing the
concept of R2P doctrine in regards to feminine protection.

Serbian Political Thought

"In this article the author discusses about the relationship between a ”Responsibility to protect... more "In this article the author discusses about the relationship between a ”Responsibility to protect” doctrine and crime of aggression, advocating further doctrinal development. The R2P doctrine is a new norm based on the idea that sovereignty is not a privilege, but a responsibility of states to protect civilians from horrors of genocide, war crimes, crimes against humanity, and ethnic cleansing. Debatable in R2P doctrine is the fact that even if the crime of aggression is a part of the contemporary international criminal law, it is not part of the R2P. Pondering over the reasons for the exclusion of aggression, the author examines types of the aggression’s responsibilities, juxtaposes them to doctrinal goals and objectives, and perceives the crime of aggression as an additional control mechanism for the implementation of a R2P doctrine.

Key words: responsibility to protect, aggression, sovereignty, international law, crimes against humanity, war crimes."""

Responsibility to Protect in Theory and Practice (Conference Papers), edited by Vasilka Sancin and Masa Kovic Dine, Ljubljana, 2013, pp. 891-915

Regarded as an inevitable consequence of wartime violence against women has for a long time been ... more Regarded as an inevitable consequence of wartime violence against women has for a long time been considered as a traditional form of masculine dominion. Furthermore, it has
been denoted as a determinative method and mean of the conventional warfare. The raise of awareness about the enduring suffering of females shifted the traditional paradigm toward the need of feminine protection and security. One of the methods to eliminate the violence and achieve female protection is to be observed within the concept of the Responsibility to protect adapted to suit the special needs of feminine protection.
Namely, as a female logic is allotted in the discourse of care and solidarity, the standard application of R2P envisaged in the use of force as a form of masculine logic, is not to be considered as an adequate method. Its inadequacy is especially alarming, as women rights are additionally endangered during the forcible application of R2P and similar methods. Female issues, therefore, cannot be administered in the masculine way. On the contrary,
only with the systematic concern and methodological administration of women protection, due analysis of feminine victimization and intensive responsibility in regard to
all aspects of violence against them, the protection of feminine population could be achieved. Referring to R2P doctrine, the first and third pillars of the doctrine, that is responsibility to prevent and responsibility to rebuild, might be professed as a solid
theoretical and practical grounds. For those pillars to be functional, few elements have to be satisfied. Sex and gender crimes more visible, principles of communal concern
developed and female position in patriarchic society re-questioned. In this article, the author discusses about those elements, and questions the possibility of renewing the
concept of R2P doctrine in regards to feminine protection.

Serbian Political Thought

"In this article the author discusses about the relationship between a ”Responsibility to protect... more "In this article the author discusses about the relationship between a ”Responsibility to protect” doctrine and crime of aggression, advocating further doctrinal development. The R2P doctrine is a new norm based on the idea that sovereignty is not a privilege, but a responsibility of states to protect civilians from horrors of genocide, war crimes, crimes against humanity, and ethnic cleansing. Debatable in R2P doctrine is the fact that even if the crime of aggression is a part of the contemporary international criminal law, it is not part of the R2P. Pondering over the reasons for the exclusion of aggression, the author examines types of the aggression’s responsibilities, juxtaposes them to doctrinal goals and objectives, and perceives the crime of aggression as an additional control mechanism for the implementation of a R2P doctrine.

Key words: responsibility to protect, aggression, sovereignty, international law, crimes against humanity, war crimes."""