üble Nachrede als Erfolgsdelikt

Der Tatbestand des § 111 Abs 1 StGB stellt ein Erfolgsdelikt dar, weil er den Eintritt einer von der Tathandlung zumindest gedanklich abtrennbaren Wirkung in der Au?enwelt, n?mlich der Wahrnehmbarkeit der Tathandlung durch einen Dritten, voraussetzt.     

Data breach notification law in the EU and Australia – Where to now?

Mandatory data breach notification laws have been a significant legislative reform in response to unauthorized disclosures of personal information by public and private sector organizations. These laws originated in the state-based legislatures of the United States during the last decade and have subsequently garnered worldwide legislative interest. We contend that there are conceptual and practical concerns regarding mandatory data breach notification laws which limit the scope of their applicability, particularly in relation to existing information privacy law regimes. We outline these concerns here, in the light of recent European Union and Australian legal developments in this area.     

Preliminary study of the succession pattern of necrobiont insects, colonising species and larvae on pig carcasses in Temuco (Chile) for forensic applications

Knowledge regarding the succession patterns of insects that visit carcasses as well as the other arthropod that colonise them and analysis of the parameters that are associated with larvae allow calculation of the minimum postmortem interval (PMI). This information is obtained from experiments carried out under specific geoclimatic conditions, which determine their application in forensic environments under similar conditions. The field study presented here is the first in Chile to analyse the decomposition process of pig carcasses and the associated succession of insects, colonising species and parameters related to larval masses. All of the larvae obtained from daily samples were measured (in mm), and their mean, range, standard deviation and stage of development (instars) were determined. The carcasses reached the dry remains stage in only 11 days. Seven species of Diptera visited the carcass during the process, but only two species colonised it by means of egg deposition followed by development of larvae: Cochliomyia macellaria (Fabricius) and Lucilia sericata (Meigen) (Diptera: Calliphoridae), which exhibited a duration of the development cycle from egg to adult of 21 days. The collected Coleoptera correspond to five predator species (Staphilinidae and Histeridae). From the results of this study, it can be concluded that only some of the insect species present in this region can provide information that can be used in forensic entomology and that analysis of larval masses of colonising species can be a valuable tool for determining the PMI(min) in this region of Chile.     

Adverse mental health outcomes associated with emotional abuse in young rural South African women: a cross-sectional study

There is a lack of data on the prevalence of emotional abuse in youth. The aim of this study was thus to estimate the prevalence of emotional abuse in intimate partnerships among young women in rural South Africa and to measure the association between lifetime experience of emotional abuse (with and without the combined experience of physical and/or sexual abuse) and adverse health outcomes. Between 2002 and 2003, young women from 70 villages were recruited to participate in the cluster randomized controlled trial of an HIV behavioral intervention, Stepping Stones. Data was obtained through the administration of a questionnaire at baseline. Of the 1,293 women who had ever been partnered, 189 (14.6%) had experienced only emotional abuse in their lifetimes. Three hundred sixty-six women (28.3%) experienced emotional abuse with physical and/or sexual abuse in their lifetimes, and one hundred forty-four women (11.1%) experienced physical and/or sexual abuse without emotional abuse. Hazardous drinking was associated with the experience of physical and/or sexual abuse, with (OR 6.0, 95% CI [1.0, 36.6]) and without emotional abuse (OR 5.8, 95% CI [1.1, 29.4]). Illicit drug use (OR 5.6, 95% CI [2.4, 12.6]), having depressive symptoms (OR 2.9, 95% CI [1.2, 4.2]), having psychological distress (OR 1.9, 95% CI [1.4, 2.6]), and suicidality (OR 79.0, 95% CI [17.3, 359.6]) was associated with the experience of emotional abuse with physical and/or sexual abuse. Suicidality was also strongly associated with having experienced emotional abuse alone (OR 79.5, 95% CI [16.7, 377.4]). This study showed that emotionally abused young women had a greater risk of suicidality than those experiencing no abuse and that the combined experience of emotional with physical and/or sexual abuse was strongly associated with poor mental health outcomes.     

Setting the Path for the UNWCC: The Representation of European Exile Governments on the London International Assembly and the Commission for Penal Reconstruction and Development, 1941–1944

This article discusses the development of the UNWCC and the intellectuals involved. It notes the commitment that smaller Allied states made to frame international criminal law with regard to war crimes. The article pays particular attention to two Czech delegates who stood out from the community of experts, and who were instrumental in formalizing how war crimes committed in Europe during the Second World War – and beyond – should be handled. The concept of crimes against humanity became a main outcome of the legal debates, serving not only as a blueprint for the London Charter, but the international criminal law system as a whole. The predecessors of the UNWCC, involving some of the most renowned lawyers of the time, formed one of the first truly transnational networks. Moreover, the experiences of the lawyers, and their framing of that experience in lengthy memorandums, helped to generate a new concept in politics: the protection of human rights.     

Harm and Wrongdoing in Criminalisation Theory

Contemporary theories of criminalisation address, with varying emphasis, themes concerning the harmfulness and the wrongfulness of the conduct. In his article for the present issue, Antony Duff relies chiefly on notions of wrongfulness as the basis for his proposed criminalisation doctrines; whereas in their 2011 volume on criminalisation, Andrew Simester and Andreas von Hirsch invoke both wrongfulness and harmfulness as prerequisites for prohibiting conduct. The present article assesses the comparative merits of these approaches, and argues in favour of the latter, two-element perspective. In this article, the author puts forward a number of reasons suggesting why the two-element approach (of wrongfulness and harm) is preferable. These reasons include, firstly, an inductive argument—that the kinds of wrongful conduct for which criminalisation seems a plausible response are those that include an element of harm or risk of harm. Secondly, a defining role for the state is one of resource-protection: of safeguarding the means and resources through which citizens can live good lives. Thus the concept of citizens’ living resources—and the related conception of harm—should be made a constitutive and explicit element of criminalisation theory, rather than subsuming resource-protection under a general rubric of wrongfulness. Thirdly, a two-element approach provides reciprocal limiting principles concerning the scope of criminalisation. One can, for example, employ wrongfulness requirements to limit the criminalisation of conduct that has remote harmful consequences; and, conversely, use a harmfulness requirement as means for restricting the criminalisation of wrongful acts.     

Russian Intervention in Ukraine: History,Identity Politics,and National Consolidation

Abstract

This paper examines the factors influencing the support for Russia’s Ukraine policy. Western sanctions imposed on Russia have crippled its economy and the general well-being of its people. However, support for Moscow’s Ukraine policy remains firm among the Russian population, who believe that the West has malevolent intentions toward Russia. The Russian elite has skillfully utilized identity politics for national consolidation and to mobilize support for its Ukraine policy by manipulating Russian history, beliefs, and worldviews. Russians see themselves as righteous people who are highly capable of dealing with difficulties and certainly as winners in the conflict with the West.     

Conservatives Divided: Defending Rhodesia Against Malcolm Fraser 1976-1978

Understanding the conflict between pro- and anti-Rhodesian government parliamentarians is the only way to understand how and why Australia struggled to formulate a coherent Rhodesia policy. It reveals the extent to which Malcolm Fraser had to struggle against his own party in this matter and adds needed nuance to this period. Fraser's opinion that Rhodesia was a racist and immoral project caused a schism in the Coalition parties. Despite Fraser's open antipathy towards Rhodesia, Rhodesia's interests in Australia were largely safeguarded. This reflects the reality that the Liberal and National Country Parties contained sizeable blocs of parliamentarians who openly and publicly saw Rhodesia as a fraternal country, not a dangerous pariah. They did not hold these beliefs passively and actively sought to resist any moves made by Fraser to damage Rhodesia and its interests. By following the development of Fraser's Rhodesia policy in the late 1970s the power of Rhodesia's allies in the Australian parliament becomes clear. Opposing Rhodesia was touted by Fraser as one of the greatest achievements of his government, yet the issue was divisive and caused bitter infighting.     

Unity in the face of threat? Exploring the empirical relationship between strategic threat perceptions and public support for a common European army in Germany

ABSTRACT

Perceptions of threat from Russia’s military activities in Ukraine and President Trump’s critical attitude towards NATO have put the idea of a common European army on the agenda of European politics. Do these strategic threat perceptions also influence public support for the creation of a common European army? Previous research has largely overlooked strategic threat perceptions as individual-level determinants of public support for a common European army. This article explores the empirical relationship between strategic threat perceptions and support for a common European army at the individual level of analysis with representative German survey data from 2018. The multivariate analysis shows that perceiving Russia’s military activities in Ukraine as a threat to Germany’s security, and U.S. foreign and security policy as a threat to the cohesion of NATO significantly increases support for the creation of a common European army, even when the influence of numerous other determinants is controlled for. The findings highlight the importance of considering strategic threat perceptions in future analyses of public opinion on European defence cooperation and integration.