JURNAL CITA HUKUM
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Israel-Palestine War: The Right of Self-Defense in International Law
Full text linkThis paper examines the use of force in self-defence under customary international law, focusing on the Israel-Palestine war. It analyses explicitly whether the attacks on 7 October 2023 by Harakat al-Muqawamah al-Islamiyyah (Hamas) and Palestinian Islamic Jihad (PIJ) can be construed within the parameters of Article 51 of the United Nations Charter as an "armed attack" justifying Israel’s use of military force in self-defence against non-state actors. The study employs a qualitative research method with a literature-based and legal approach, relying on analysing international treaties, customary international law principles, and relevant case law. The right to use force in self-defence in international and criminal law is discussed in the context of countering an armed attack or an imminent threat, aligning with the concept of jus ad bellum, which regulates the conditions under which states may initiate conflict. Furthermore, the paper emphasises that all forms of self-defence must comply with the Caroline principles, namely necessity and proportionality. Through a critical review of legal doctrines and international responses, this research seeks to provide a nuanced understanding of how traditional self-defence rights are applied to contemporary conflicts involving non-state actors. The findings underscore the complexities and evolving interpretations of self-defence in modern international law
Artificial Intelligence and Law: Theoretical and Legal Features
Full text linkArtificial Intelligence (AI) has become one of the most transformative technological phenomena in the modern digital era. This article raises fundamental theoretical and legal issues related to the classification and regulation of artificial intelligence. This study aims to examine in depth the concept, characteristics, legal nature, scope of application, and regulatory framework of artificial intelligence from an information law perspective. This study uses a qualitative method with a literature approach and a legal approach (normative juridical), where data is obtained through a literature review of various scientific literature, laws and regulations, legal documents, and relevant academic articles. In this study, the author explores various approaches in defining the concept of AI, as well as examining its legal regulations in various jurisdictions. One important finding shows that artificial intelligence law can be categorized as a legal institution within the information law framework. In addition, the issue of legal responsibility for AI actions is an important highlight, considering that artificial intelligence can act autonomously but does not yet have a clear legal subject. This article also describes the use of AI in various fields such as health, transportation, and finance, considering each sector\u27s specific characteristics. While the benefits offered, such as efficiency and automation, the article also highlights the potential risks inherent, including privacy violations and algorithmic bias. Overall, this research provides conceptual and normative insights into the legal challenges and opportunities in the development and application of AI
A Comprehensive Analysis of Appellate and Cassation Review in the Context of Vietnamese Criminal Procedure
No full textThe nature of appellate review and cassation review in criminal procedure is a critical reflection of the state\u27s approach to organizing the adjudication of criminal cases. This article explores the intricacies of these two procedural mechanisms within the context of Vietnam\u27s criminal justice system, drawing on theoretical research and examining specific legal provisions. The authors elucidate the fundamental differences between appellate and cassation reviews through comparative and contrastive methodologies, highlighting their distinct roles in the legal process. Additionally, the article conducts a thorough legal analysis to identify inadequacies in the current appellate review regulations and the procedures for reviewing judgments and decisions that have attained legal finality under cassation review. The authors propose targeted solutions to enhance these legal frameworks, thereby serving justice more effectively. The comparative analysis extends to jurisdictions such as Poland, France, and Belgium, where cassation appeals are primarily utilized to identify and rectify flaws in the application of the law rather than to re-adjudicate cases. In these systems, cassation courts play a pivotal role in ensuring consistency and uniformity in legal interpretation and application
Navigating the Intersection of Technology, Disinformation, and Human Rights: Balancing Freedom of Expression and Speech
Full text linkThe spread of deceptive content online threatens human rights, particularly freedom of expression and access to accurate information. In Pakistan, the rise of digital platforms has fuelled misinformation, weakening democratic processes, polarizing society, and eroding public trust. The challenge lies in balancing disinformation regulation with protecting free speech. While false narratives undermine institutions, restrictive measures risk suppressing dissent and opposition voices. The Prevention of Electronic Crimes Act (PECA) exemplifies this tension. This study critically evaluates Pakistan’s regulatory approach, assessing its effectiveness and alignment with international human rights standards. Through qualitative analysis of PECA’s provisions and case studies, findings highlight key concerns: ambiguous legal definitions and politically motivated enforcement. Case studies illustrate how disinformation affects public trust and democratic engagement. Despite the challenges posed by disinformation, a practical framework must protect fundamental rights while addressing online harms. Recommendations include refining PECA’s provisions, introducing robust procedural safeguards, and promoting digital literacy programs to empower citizens to counter misinformation. A multi-stakeholder approach involving government, civil society, and technology platforms is essential for fostering a more accountable digital environment in Pakistan. Striking a balance between regulation and free speech is crucial for preserving democracy and public trust.
REFERENCES:
Alibašić, H. (2024). The Post-Factual Polity: Ethical, Governance, Administrative, and Policy Crises in the Disinformation Era. IAP.
AZAM, M. (2021). Pakistan\u27s International Law Obligations and Curtailment of Freedom of Expression: Balancing Legitimate Competing Interests or a Case of Violation?. PLR, 12, 37.
Butt, M. N., Riaz, M., & Rabbani, A. W. (2023). Countering Fake News in Pakistan: Challenges Faced by Newsrooms and Regulators. MAIRAJ, 2(2), 79–87.
George, A. S. (2024). Weaponizing WhatsApp: Organized Propaganda and the Erosion of Democratic Discourse in India. Partners Universal Multidisciplinary Research Journal, 1(1), 22–36.
Helm, R. K., & Nasu, H. (2021). Regulatory responses to ‘fake news’ and freedom of expression: Normative and empirical evaluation. Human Rights Law Review, 21(2), 302–328.
Howie, E. (2018). Protecting the human right to freedom of expression in international law. International journal of speech-language pathology, 20(1), 12-15.
Inobemhe, K., & Asemah, E. S. Media Literacy and Critical Thinking as Tools for Combating Disinformation. COMMUNICATION AND MEDIA DYNAMICS, 11.
Iqbal, M., Talpur, S. R., Manzoor, A., Abid, M. M., Shaikh, N. A., & Abbasi, S. (2023). The Prevention of Electronic Crimes Act (PECA) 2016: Understanding the Challenges in Pakistan. Siazga Research Journal, 2(4), 273–282.
Jia, C., Lee, A. Y., Moore, R. C., Decatur, C. H. S., Liu, S. X., & Hancock, J. T. (2024). Collaboration, crowdsourcing, and misinformation. PNAS nexus, 3(10), page: 434.
Kaushal, R., Van De Kerkhof, J., Goanta, C., Spanakis, G., & Iamnitchi, A. (2024, June). Automated Transparency: A Legal and Empirical Analysis of the Digital Services Act Transparency Database. In The 2024 ACM Conference on Fairness, Accountability, and Transparency (pp. 1121–1132).
Khan, S., Tehrani, P. M., & Iftikhar, M. (2019). Impact of PECA-2016 provisions on freedom of speech: A case of Pakistan. Journal of Management Info, 6(2), 7–11.
Klein, A., & Klein, A. (2017). Hate speech in the information age. Fanaticism, racism, and rage online: Corrupting the digital sphere, 25–39.
Kusaka, W. (2022). Fake News and State Violence: How Duterte Hijacked the Election and Democracy in the Philippines. In Fake News and Elections in Southeast Asia (pp. 145–165). Routledge.
Mansoor, S. I. U. (2024). Legal Implications of Deepfake Technology: In the Context of Manipulation, Privacy, and Identity Theft. Central University of Kashmir Law Review, 4, 65–92.
Mckay, S., & Tenove, C. (2021). Disinformation as a threat to deliberative democracy. Political research quarterly, 74(3), 703–717.
Ness, S. (2024). The Balance Between Gatekeeper Rules and Free Speech in the EU under the Digital Markets Act and Digital Services Act. Journal of Modern Law and Policy, 4(3).
Saleem, B., Ahmed, M., Zahra, M., Hassan, F., Iqbal, M. A., & Muhammad, Z. (2024). A survey of cybersecurity laws, regulations, and policies in technologically advanced nations: A case study of Pakistan to bridge the gap. International Cybersecurity Law Review, 1–29.
Saleem, H., Jan, J., & Areej, A. (2022). Cyber Crimes Trends in Pakistan: Analyzing the Legal Framework and Enforcement Challenges. Society, Law and Policy Review, 1(1), 10–22.
Shankar, R., & Ahmad, T. (2021). Information Technology Laws: Mapping the Evolution and Impact of Social Media Regulation in India. DESIDOC Journal of Library & Information Technology, 41(4).
Shou, Y., Kuru, O., Newman, E., & Smithson, M. (2024). Mis-and Disinformation. In Oxford Research Encyclopedia of Natural Hazard Science.
Tenove, C. (2020). Protecting democracy from disinformation: Normative threats and policy responses. The International Journal of Press/Politics, 25(3), 517–537.
Vese, D. (2022). Governing fake news: the regulation of social media and the right to freedom of expression in the era of emergency. European Journal of Risk Regulation, 13(3), 477–513
The Status of Women in Türkiye and Legal and Criminal Regulations for the Protection of Women
Full text linkSince the dawn of humanity, with few exceptions, almost all cultures and civilisations have exhibited a perspective that regards men as superior and women as inferior. However, in the Qur’an, Allah swears by the creation of both men and women, thereby attributing value to both. If men and women were not equally dignified as His servants, Allah would not have sworn by their creation. According to the Qur’an, the creation of women is not different from that of men; both were created from the same “nafs” (essence). The distinction between men and women lies in their abilities and roles. In Türkiye, legal and institutional mechanisms developed to combat violence against women and to protect the institution of the family are primarily addressed within the framework of Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women. Crimes committed against women are regulated under the Turkish Penal Code, a general legislative instrument. Within the systematic structure of the Turkish Penal Code, the type of crime, the manner in which it is committed, its nature, and the identity of the victim are all considered in determining the basic and aggravated forms of penalties. The Code also provides for increased penalties in cases where crimes are committed against women. There are specific provisions for aggravated penalties in cases of intentional injury of women, torture and ill-treatment against women, and crimes against sexual inviolability when the victim is a woman. This study examines how the Court of Cassation, the highest court of appeal in Türkiye, interprets issues specific to criminal law—such as the element of premeditation, the concept of reasonable time, and the reduction of sentences due to unjust provocation—in crimes committed against women. The study also addresses practical problems arising from the interpretation of the law and offers solutions to issues observed in the case law of the Court of Cassation. Emphasis is placed on ensuring consistency in judicial decisions regarding crimes against women and on enhancing the predictability of the criminal justice system for individuals
Reflections on the application of the english law’s model of constructive trusts to the handling of specific property relations in vietnamese legal practice
No full textContemporary Vietnamese legal practice recognizes numerous complex scenarios concerning property relations, wherein the pursuit of equitable outcomes cannot be readily achieved through the straightforward application of existing legal provisions. Two categories of cases have recently garnered significant attention from both the media and the public. The first involves the mistaken transfer of funds into another individual’s bank account; the second concerns the recovery of assets by the State from individuals convicted of corruption-related offences. English law provides the mechanism of the trust—more specifically, the constructive trust—as a legal remedy to address such issues. Accordingly, there is scope to study and potentially incorporate the experience of English law to enhance Vietnam’s legal framework governing property relations arising in these contexts
Conflict of Interest Regulation in Transitional Legal Systems: A Comparative Legal Study of Ukrainian Compliance with International Anti-Corruption Standards
No full textThis article examines the legal and institutional implementation of international standards on conflict-of-interest regulation within the Ukrainian legal system. Drawing on a comparative legal methodology, the study evaluates the degree of normative convergence between Ukrainian legislation and key international instruments, including the United Nations Convention against Corruption (UNCAC), OECD Recommendations, and GRECO guidelines. In addition to doctrinal analysis, the research analyzes 120 judicial decisions at the national, regional, and local levels to assess patterns of interpretation, enforcement disparities, and procedural compliance. The findings reveal that while Ukraine demonstrates a high level of formal alignment—particularly in its legal provisions on disclosure and sanctions—significant deficiencies persist in preventive mechanisms, judicial consistency, and institutional coordination. National courts apply conflict-of-interest rules with relative rigor, yet subnational courts exhibit variability in reasoning, procedural irregularities, and limited engagement with international legal norms. The study identifies structural obstacles that hinder effective enforcement, including the absence of harmonized jurisprudence, insufficient legal training, and weak oversight frameworks. These gaps risk reducing international compliance to a symbolic function rather than a substantive tool for safeguarding integrity in public governance. The article concludes with targeted recommendations for legal reform, emphasizing the need for judicial interpretive guidelines, independent monitoring bodies, and coordinated enforcement strategies. By situating Ukraine’s legal system within a global comparative context, this study offers actionable insights for EU candidate countries and transitional legal systems seeking to enhance rule-of-law compliance and public sector integrity
Artificial Intelligence’s Application In Journalistic Practice In Terms Of Digital Transformation
No full textThe article examines the problems of regulatory and legal support for the use of artificial intelligence technologies in journalism in Ukraine in the context of modern digital transformations. Utilising interdisciplinary and comparative legal analysis, the legal nature of AI as an object of regulation is examined, the state of national legislation in the media sphere is characterised, and gaps in the regulatory framework for the use of AI in journalism are identified. This study places particular emphasis on the analysis of two significant documents: the EU Regulation No. 2024/1689, also known as the “Artificial Intelligence Act”, and the European Parliament Resolution on AI in the audiovisual sector. These documents are of particular significance as they serve to enshrine the principles of transparency, non-discrimination, ethical use of algorithms and protection of freedom of expression. The implementation of the relevant provisions of the Acquis Communautaire into Ukrainian national legislation is justified by the aim of ensuring information security, freedom of speech and European integration. The analysis yielded a proposed model of regulatory harmonisation, which entails the incorporation of specific AI regulations within the Ukrainian legislation entitled “On Media” and “On Information”. Additionally, the model calls for the formulation of a code of ethics for the utilisation of AI in journalism. The results of the study are of practical importance for updating the legal framework in the context of digital challenges and contribute to the formation of a theoretical and methodological basis for further research on the interaction between AI and freedom of speech
Ai In Big Data in Criminal Investigation: Procedural Safeguards and Human Rights Risks
No full textThe purpose of the study is to develop recommendations for improving procedural safeguards when using AI and big data in criminal investigations in Azerbaijan, considering the existing safeguards and risks that exist in the Azerbaijani legal system. This normative-legal study examines national and international laws pertaining to artificial intelligence in criminal justice using comparative and black-letter legal techniques. Due to the dearth of local research, it synthesizes scholarly material and adapts international approaches to the Azerbaijani setting. In results It has been demonstrated that the application of AI influences the development of human rights hazards, including the denial of access to algorithms, the possibility of discrimination, and the restriction of appeal procedures. The establishment of unique control and supervision mechanisms for the use of AI, as well as compatibility with international norms, are necessary due to the notable gaps in Azerbaijani legislation. Therefore, to enhance procedural guarantees in Azerbaijan, it is suggested that: establish and approve ethical standards for the use of AI in criminal proceedings; codify the rights of parties to transparency in algorithmic decisions and access to information about how AI works; and introduce legislative norms governing appeal procedures for AI-based decisions. In conclusion it is shown that a significant prospective direction is the study of the interaction between technological innovations and legal institutions to shape modern regulatory frameworks
Reforming Ukraine’s Legal System in the Context of Sustainable Development: Challenges and Prospects
No full textThe article aims to analyse the status of reforming the legal system of Ukraine and identify the main challenges and prospects for sustainable development. To achieve this goal, the author used a descriptive research methodology, particularly the PRISMA approach, which included a search for relevant scientific literature (2018-2024) and legislative acts. The study formed four inclusion criteria based on relevance, content, geographical focus, and timeframe. In total, 52 items of scientific materials were analysed. The study results show that Ukraine\u27s legal system has made some progress in aligning with the principles of sustainable development, especially in environmental protection. At the same time, key challenges remain, such as corruption, insufficient harmonisation with international standards, lack of systematic understanding of environmental legislation, and the effects of the financial crisis and Russian aggression. The recommendations include harmonising legislation with EU standards, strengthening the environmental component, focusing on socially oriented legal reforms, ensuring economic justice, and digitalising judicial and law enforcement processes. The study confirms that adherence to Ukraine\u27s European integration course and implementing environmental and social principles can strengthen the legal framework for sustainable development