Papers by Kaja Kowalczewska
Revista Brasileira de Direito Processual Penal, 2023
Amidst the ongoing armed conflict triggered by Russian aggression, Ukraine faces the formidable t... more Amidst the ongoing armed conflict triggered by Russian aggression, Ukraine faces the formidable task of upholding fair trial standards and ensuring justice for conflict-related crimes. This research explores the challenges encountered by the Ukrainian judicial system in the aftermath of the aggression. The study investigates the impact of the conflict on the country's ability to prosecute violations of international humanitarian law. Despite the complexity of the situation, Ukraine's judiciary has demonstrated resilience in upholding fair trial guarantees. However, obstacles persist, necessitating a thorough examination of the legal and operational context. The study adopts a systematic approach, delving into contextual considerations, the state of the Ukrainian judiciary, and survey data analysis to highlight organizational, ethical, political and social challenges. The research contributes valuable insights to the discourse on justice and accountability in regions affected by armed conflict, underscoring the need for continuous efforts to safeguard fair trial principles in Ukraine.
Ethics and Information Technology
Using robots in the military contexts is problematic at many levels. There are social, legal, and... more Using robots in the military contexts is problematic at many levels. There are social, legal, and ethical issues that should be discussed first before their wider deployment. In this paper, we focus on an additional problem: their human likeness. We claim that military robots should not look like humans. That design choice may bring additional risks that endanger human lives and by that contradicts the very justification for deploying robots at war, which is decreasing human deaths and injuries. We discuss two threats—epistemological and patient. Epistemological one is connected with the risk of mistaking robots for humans due to the limited ways of getting information about the external world, which may be amplified by the rush and need to fight with robots in distance. The patient threat is related to the developing attachment to robots, that in military contexts may cause additional deaths by the hesitance to sacrifice robots in order to save humans in peril or risking human life...
Ethics and Information Technology, 2023
Using robots in the military contexts is problematic at many levels. There are social, legal, and... more Using robots in the military contexts is problematic at many levels. There are social, legal, and ethical issues that should be discussed first before their wider deployment. In this paper, we focus on an additional problem: their human likeness. We claim that military robots should not look like humans. That design choice may bring additional risks that endanger human lives and by that contradicts the very justification for deploying robots at war, which is decreasing human deaths and injuries. We discuss two threats-epistemological and patient. Epistemological one is connected with the risk of mistaking robots for humans due to the limited ways of getting information about the external world, which may be amplified by the rush and need to fight with robots in distance. The patient threat is related to the developing attachment to robots, that in military contexts may cause additional deaths by the hesitance to sacrifice robots in order to save humans in peril or risking human life to save robots.
Review of International, European and Comparative Law (PWPM), 2022
The aim of this article is to address the legality of armed violence between Turkish armed forces... more The aim of this article is to address the legality of armed violence between Turkish armed forces and the Syrian government and non-state actors within the Syrian territory, including the Kurdish rebel forces. The scope of the article covers the Turkish military operations conducted from 2016 to 2020.
Firstly, the authors address the issue whether Turkish operations were conducted within the scope of jus ad bellum. The authors’ conclusions are that the Republic of Turkey has violated international law and therefore the imposition of sanctions by other States and Syria’s claims for a cessation of the violation and appropriate restitution are justified.
Secondly, the Turkish operations are classified under jus in bello from the perspective of the law governing international and non-international armed conflicts. This makes it possible to determine which norms of the law of armed conflict and international human rights law are applicable in this context. Moreover, it establishes a framework for further examination of the nature of the alleged violations and opens a debate on possible measures of redress for victims of the breaches attributable to the Republic of Turkey.
Teoria Jurídica Contemporânea, 2022
This paper is focused on the intersection of public international law and parliamentary assessmen... more This paper is focused on the intersection of public international law and parliamentary assessment of technologies in the context of discussions on the lethal applications of artificial intelligence. The authors discuss the 'public conscience requirements' of the Martens Clause as an opportunity to increase the legitimacy of international law by including qualified public opinion in the international law-making process. This is particularly important in the case of controversial technologies such as lethal autonomous weapons systems, which have a fundamental impact on warfare and the application of which comes with both unprecedented benefits and as well as risks for humankind. The authors advocate the actual use of the Parliamentary Technology Assessment (PTA) mechanism as a method based on democratic deliberation and participation, which-especially in times of disinformation and fake news-can provide a reliable source of information and sights for both policy makers as well as the general public. PTA can be also seen as an institutionalised channel allowing civil society to exercise oversight over disruptive military technologies.
International Review of Law, Computers & Technology
SDirect24, 2020
Artykuł stanowi wprowadzenie do serii opracowań dotyczących militarnych działań Turcji w Syrii.
... more Artykuł stanowi wprowadzenie do serii opracowań dotyczących militarnych działań Turcji w Syrii.
Autorzy prezentują uczestników działań wojennych od 2016 do 2020 na północy Syrii. W szczególności dokonują opisu sił pro i anty tureckich działających na terenie Syrii.
Plan działań Ministerstwa Cyfryzacji, 2018
Międzynarodowe Prawo Humanitarne, 2014
The global war on terrorism and the development of asymmetrical armed conflicts have forced polic... more The global war on terrorism and the development of asymmetrical armed conflicts have forced policymakers and military commanders to advance methods and means of modern warfare. Since both, the need of protection of civilians and of compliance with ever-higher standards of military intervention enhanced by international humanitarian law and human, are still growing, the concept of lawfare broke through. Diversified and elusive nature of lawfare precludes us from providing its conceptually uniform definition. Nevertheless, it does not encumber its increasing popularity among political circles. The supporters of this kind of instrumentation of system of national and international law argue that in any case legal battles should be preferred over the bloody and violent that take place during present conflicts. Blocking and weakening of the enemy through legal and economic sanctions is not unfamiliar to international law of armed conflicts, only in recent years it has been converted into a method of achieving strategic political and military objectives. The opponents, while they are unable to come to terms with the increasingly common practice of lawfare, under which lies manipulation and abuse of the law, they point out the fact that currently legal institutions have become a weapon against the rule of law. What is more, lawfare seems to be even more controversial since a part of the doctrine completely ignores it and assumes that the concept belongs to the doctrine of political science, not legal. Finally, the author attempts to examine whether the practice of lawfare is consistent with the principle of distinction and humanitarism, rudimental in the choice of methods and means of warfare.
Security Dimensions: International & National Studies, 2014
Based on the work of S. Baron-Cohen, the text considers the relationship of empathy disorders wit... more Based on the work of S. Baron-Cohen, the text considers the relationship of empathy disorders with the perception of humanity in the context of the conduct of hostilities. Making use of philosophical and legal assumptions, it examines the understanding of the principles of humanity and dictates of public conscience, namely the Martens Clause, providing for the moral compass of international humanitarian law. Controversially it argues that the widely proclaimed postulate of warfare humanisation is a kind of paradox. On the one hand, we assume that man is inherently good and, therefore, the conduct of war should be more humane; on the other hand, we perform it by withdrawing man from the battlefield and by replacing him with autonomous systems . Will the replacement of human weaknesses kind by artificial intelligence lead to a revolutionary solution and reduction of suffering or will it only speed up movement of humanity on the slippery slope? In this text, the author will try to draw the reader's attention to the often overlooked ethical dilemmas and issues of fundamental nature which are often lacking in the security studies.
Kultura Bezpieczeństwa, 2015
The synthesis of the privatisation process concerning state-owned enterprise is presented in comb... more The synthesis of the privatisation process concerning state-owned enterprise is presented in combination with the privileged position of the Treasury. The concept of a golden share is juxtaposed with the principle of equal treatment of the shareholders and the qualification of enterprises strategic because of the important public interest. Examples of Polish regulations are presented in the light of the case law of the European Court of Justice. Abstrakt Artykuł przedstawia w sposób syntetyczny problematykę prywatyzacji przedsiębiorstw państwowych i powiązaną z nią uprzywilejowana pozycją Skarbu Państwa. Instytucja złotej akcji zostaje zestawiona z zasadą równe-go traktowania akcjonariuszy w spółkach kapitałowych oraz kwalifikacją spółek strategicznych ze względu na ważny interes publiczny. Przykładowe polskie regulacje zostaję zaprezentowane w świetle orzecznictwa Europej-skiego Trybunału Sprawiedliwości. Kultura Bezpieczeństwa Nauka-Praktyka-Refleksje Nr 17, 2015 (92-109)
Kultura Bezpieczeństwa Nauka – Praktyka – Refleksje, 2015
A positive vision of human nature provides for fundamental normative consideration of the princip... more A positive vision of human nature provides for fundamental normative consideration of the principle of humanity. Hence, the construction of psychological barrier turning the deprivation of life of other members of our species into an uneasy task. Nevertheless, the soldiers limited by the principles of precaution and proportionality are ordered to kill. An appropriate psychological mechanism of self-deception helps human beings to better adopt to the acts contrary to our nature. Together with war propaganda they consist of useful tools for efficient military commanders but also war criminals. In this essay, the author refers to the book by David Livingstone Smith and tries to connect issues of psychology, law of armed conflict and political science in the context of the interpretation of the principles of humanity and the modern vision of warfare. The essay focus-es on the linguistic analysis of selected fragments of international law and of public statements on methods of warfare. The main goal is to illustrate the methods of dehumanization of the enemy, through dehumanization, demonization and bestialization of human being. In the end, the author Kultura Bezpieczeństwa Nauka-Praktyka-Refleksje Nr 18, 2015 (86-101)
Polish Political Science Yearbook, 2019
This paper presents selected conclusions related to the theoretical underpinnings of internationa... more This paper presents selected conclusions related to the theoretical underpinnings of international humanitarian law, with special focus on the understanding of considerations of humanity and the dictates of public conscience (the Martens clause) and their impact on the regulation of lethal autonomous weapons systems. Despite the fact that different positions can be found in the doctrine, it is argued herein that the general principles of international humanitarian law are not sufficient to properly regulate the disruptive military technologies (new means and methods of warfare) and a new international norm is needed. Consequently, the paper agglomerates extra-legal and cross-cutting arguments stemming from other normative regimes that point to prioritization of the value of human life and the role and quality of the human factor in decision-making procedures relating to the health and life of victims of modern armed conflicts, which should be incorporated in it.
Books by Kaja Kowalczewska
“Victim-Centered Criminal Justice” eds. Megumi Ochi, Renata Barbosa, and Luyuan Bai, 2024
Advancements in digital technologies are catalysing transformative changes in international crimi... more Advancements in digital technologies are catalysing transformative changes in international criminal justice. This shift emphasizes the importance of understanding the human factor in legal proceedings, particularly emotions and their psychological impacts. This chapter investigates the impact of CSOs on the risk of revictimization during the documentation and prosecution of core international crimes. Focusing on Polish CSO activities following the Russian invasion of Ukraine on 24 February 2022, the study examines their efforts within Poland, a neighbouring country that at one point hosted over three million Ukrainian refugees. The analysis focuses on Polish CSOs because of Poland’s limited experience with international humanitarian law violations. This focus provides a potential reference point for other states and CSOs in similar circumstances. Using qualitative analysis of case studies and interviews conducted in early 2023, the chapter cross-references findings with the Guidelines formulated by Eurojust and the ICC-OTP. The goal is to contribute to the discourse on victim/survivor-centred justice by examining how digitalization influences the risks of revictimization and the broader quest for justice. Conclusions and recommendations aim to guide future CSO practices and international criminal justice efforts.
„Nauka prawa a praktyka prawnicza: Księga jubileuszowa z okazji czterdziestolecia Okręgowej Izby Radców Prawnych w Krakowie” red. M. Araszkiewicz, M. Krok, M. Sala-Szczypiński, 2022
This article reflects on the role of representatives of public trust professionals and social org... more This article reflects on the role of representatives of public trust professionals and social organizations in the face of legal and humanitarian crises. Using the example of attitudes towards the Polish Red Cross, the author is critical of the lack of knowledge and the public's tendency towards panic in the face of difficult and time-consuming measures, especially regarding the relation between the Polish Red Cross and state authorities. In the first part, the basic principles of neutrality and independence that characterize the Red Cross movement are presented. The second, on the other hand, presents the misunderstandings that arose in public discussion after the Polish-Belarusian border crisis and the aggression of Russia and Belarus against Ukraine.
Wykorzystanie dronów i robotów w systemach bezpieczeństwa. Studia interdyscyplinarne, 2021
In view of the ongoing stalemate in discussions on the form of LAWS regulation at the CCW, this p... more In view of the ongoing stalemate in discussions on the form of LAWS regulation at the CCW, this paper presents an analysis of a selection of soft law documents produced in the last decade by organizations such as the UN, the OECD, and the Council of Europe. The adopted research method assumed finding documents that deal with the broadly understood impact of AI-based systems on the right to life and the use of force by states. The analysis was conducted with a view of seeking answers to three research questions: (1) who should be responsible for the actions of LAWS, (2) whether the provision of meaningful human control over AI systems is necessary, and (3) whether the delegation of life and death decision-making processes to AI is acceptable and, if so, under what conditions. The analyzed documents indicate that, in general, the topic of military applications of AI is addressed in a few cases, there is a lack of clear guidance on the actors responsible for the operation of AI, and a common point is a human-centered approach that translates into exercising control over AI and using it for the benefit of humanity. At the same time, clear articulation of opposition to lethal uses of AI is rare.
Prawo sztucznej inteligencji i nowych technologii, 2021
Sztuczna inteligencja na wojnie. Perspektywa MPHKZ. Przypadek autonomicznych systemów śmiercionośnej broni., 2021
Publikacja dofinansowana z programu "Doskonała Nauka" Ministerstwa Nauki i Szkolnictwa Wyższego.
„Wykorzystanie dronów i robotów w systemach bezpieczeństwa. Wybrane aspekty", red. M. Skarżyński i R. Kamprowski, Wydawnictwo Naukowe Wydziału Nauk Politycznych i Dziennikarstwa Uniwersytetu im. Adama Mickiewicza w Poznaniu, Poznań 2019, s. 5-26, 2019
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Papers by Kaja Kowalczewska
Firstly, the authors address the issue whether Turkish operations were conducted within the scope of jus ad bellum. The authors’ conclusions are that the Republic of Turkey has violated international law and therefore the imposition of sanctions by other States and Syria’s claims for a cessation of the violation and appropriate restitution are justified.
Secondly, the Turkish operations are classified under jus in bello from the perspective of the law governing international and non-international armed conflicts. This makes it possible to determine which norms of the law of armed conflict and international human rights law are applicable in this context. Moreover, it establishes a framework for further examination of the nature of the alleged violations and opens a debate on possible measures of redress for victims of the breaches attributable to the Republic of Turkey.
Autorzy prezentują uczestników działań wojennych od 2016 do 2020 na północy Syrii. W szczególności dokonują opisu sił pro i anty tureckich działających na terenie Syrii.
Books by Kaja Kowalczewska
Firstly, the authors address the issue whether Turkish operations were conducted within the scope of jus ad bellum. The authors’ conclusions are that the Republic of Turkey has violated international law and therefore the imposition of sanctions by other States and Syria’s claims for a cessation of the violation and appropriate restitution are justified.
Secondly, the Turkish operations are classified under jus in bello from the perspective of the law governing international and non-international armed conflicts. This makes it possible to determine which norms of the law of armed conflict and international human rights law are applicable in this context. Moreover, it establishes a framework for further examination of the nature of the alleged violations and opens a debate on possible measures of redress for victims of the breaches attributable to the Republic of Turkey.
Autorzy prezentują uczestników działań wojennych od 2016 do 2020 na północy Syrii. W szczególności dokonują opisu sił pro i anty tureckich działających na terenie Syrii.
Jednym ze zidentyfikowanych przez fundację środków pomocnych w zagwarantowaniu właściwego rozwoju i użycia tych pojazdów jest zwiększanie wiedzy społeczeństwa obywatelskiego oraz decydentów wojskowych i politycznych w Polsce o różnych (dotyczących rozmaitych dziedzin życia i nauki) potencjalnych i potwierdzonych zagrożeniach czy problemach, a także próba ich zbadania oraz zaproponowania rozwiązań. Część z tak ogólnie tu przedstawionych założeń udało się fundacji wkomponować w projekt zatytułowany „Społeczeństwo obywatelskie wobec rozwoju polskich bojowych bezzałogowców”.
The authors emphasize some discrepancies and consistencies and draw attention to the specific approaches of the forums and bodies. The article reveals that a relatively significant workload and discussions concerning these military systems have taken place. The different organizations and forums would benefit from mutual co-operation, in particular in the form of exchange of information.