Lucian Blaga University of Sibiu Faculty of Social Sciences And Humanities Department of International Relations, Political Science and Security Studies

STUDIA SECURITATIS

Security Studies Magazine

Issued by the Research Center in Political Science, International Relations and European Studies

Two Issues/Year

Editorial board member in charge of the present issue: PhD. Nicoleta Annemarie Munteanu

Volume XIV No. 1/2020 ISSN: 1843-1925

1

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RESEARCHBIB http://www.researchbib.com/

MIAR http://miar.ub.edu

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2 BOARD EDITORIAL BOARD

CHIEF-EDITOR: Gra țian Lupu CO-EDITORS: Cristian Troncot ă, Gabriel Șerban, Nicoleta Annemarie Munteanu, Marius Șpechea, Iustin Vancea, Emilia Tomescu, Iuliana Neago ș

SCIENTIFIC BOARD:

• Corvin Lupu (Founder Studia Securitatis) • Eugen Str ăuțiu (Lucian Blaga University of Sibiu) • Marc Chesnel (Académie des Belles-Lettres Sciences et Arts de la Rochelle) • Siegmar Schmidt (Universität Koblenz-Landau) • Liubiša Despotovi ć (Institute for Political Studies, Belgrade) • Gheorghe Bichicean (Romanian-German University of Sibiu) • Alexandr Dughin (Lomonosov University of Moscow) • Valeriu Mo şneaga (State University of Moldova, Chi şin ău) • Antonio Nadal (University of Malaga) • Dan Dungaciu (Institute of Political Science and International Relations, Romanian Academy, Bucharest) • Tomasz B ąk (University of Information, Technology and Management of Rzes źow) • Teodor Frunzeti (Academy of Romanian Scientist, Bucharest) • Stelian Sc ăuna ş (Lucian Blaga University of Sibiu) • Anzhela Ignatyuk (Taras Shevcenko University, Kiyv) • Mihai Marcel Neag (Nicolae B ălcescu Land Forces Academy of Sibiu) • Forrest Nabors (University of Alaska, Anchorage) • Vakhtang Maisaia (Sukhishvili University, Tbilisi) • Cristian Barna (Mihai Viteazul National Academy of Intelligence, Bucharest) • Aurelian Lavric (Alexandru cel Bun Military Academy of Chisinau) • Mojtaba Zarvani (State University of Tehran) • Vasile Tab ără (Lucian Blaga University of Sibiu)

3 SCIENTIFIC REVIEWERS

• Victor Moraru (Academy of Sciences, Chisinau) • Lucian Cioca (Lucian Blaga University of Sibiu) • Andrey Devyatkov (University of Moscow) • Teodor Bodoa șcă (Dimitrie Cantemir University of Târgu Mure ș) • Ganna Kharlamova (Taras Sevecenko University of Kyiv) • Viorica Țîcu (Free International University of Moldova, Chisinau) • Mircea Cosma (Alma Mater University of Sibiu) • Leonid Litra (Institute of World Policy, Kyiv) • Diana Bencheci (State University of Moldova, Chisinau) • Gligor Ciortea (Lucian Blaga University of Sibiu) • Victor Saca (State University of Moldova, Chisinau) • Vasile C ăru ţaşu (Nicolae B ălcescu Land Forces Academy of Sibiu) • Natalia Albu (Alexandru cel Bun Military Academy of Chisinau) • Vladimir Yastrebceak (Taras Sevcenko State University of Tiraspol) • Paul Brusanowski (Lucian Blaga University of Sibiu) • Dragan Trailovi ć (Institute for Political Studies, Belgrade) • Natalia Putin ă (State University of Moldova, Chisinau) • Silvia Florea (Lucian Blaga University of Sibiu)

Copyright © 2017-2020 Lucian Blaga University of Sibiu Faculty of Social Sciences Department of International Relations, Political Scrience and Security Studies Research Center in Political Science, International Relations and European Studies 550324 Sibiu, Calea Dumbr ăvii nr. 34 Tel. / Fax: +40-269-422169 Web: http://reviste.ulbsibiu.ro/studiasecuritatis/ E-mail: [email protected]

4 CONTENTS

EDITORIAL Gra ţian LUPU STUDIA SECURITATIS, FAKE NEWS AND FREEDOM OF 6 SPEECH IN TIMES OF THE SARS COV 2 PANDEMIC

INTERNATIONAL SECURITY Alexandru GRUMAZ THE MIDDLE EAST AND THE NORTH SEA REGION UNDER 10 THE SIGN OF CORONAVIRUS Vitalie GAMURARI COMBATING TERRORISM AND ENSURING THE 26 Naif Jassim REGULATORY FRAMEWORK WHICH CONSTITUTES THE ALABDULJABBAR „NUCLEUS” OF HUMAN RIGHTS IN THE CONTEXT OF CHALLENGES WHICH THE SECURITY FACES AT THE INTERNATIONAL AND REGIONAL LEVEL Vitalie SÎLI HYBRID THREATS: MODERN PERCEPTION AND TACTICS 37

ROMANIAN NATIONAL SECURITY Tănase TIBERIU HOW ECONOMIC INTELLIGENCE IS SECURING THE 44 Violeta Ioana NAGÂ Ţ NATIONAL SECURITY Andreea Roxana 30 YEARS OF TRANSFORMATION AND RECONSTRUCTION. 51 OLTEANU THE SECURITY OF ROMANIA IN THE POST-COMMUNIST ERA Violeta Ioana NAGÂ Ţ DANGERS OF CORRUPTION IN THE NATIONAL DEFENCE 63 STRATEGY – WHY A MORE EFFICENT APPROACH IS NEEDED?

NATIONAL SECURITY OF THE REPUBLIC OF MOLDOVA Adrian MUNTEANU MODERNIZATION OF THE NATIONAL SECURITY SYSTEM 69 OF THE REPUBLIC OF MOLDOVA: ACHIEVEMENTS AND PERSPECTIVES Alexander STRATEGIES AND TACTICS FOR THE SETTLEMENT OF 83 KURTSKHALIA TERRITORIAL CONFLICTS IN THE REPUBLIC OF MOLDOVA AND GEORGIA IN THE LIGHT OF INTERNATIONAL LAW

HUMAN SECURITY Mehdi LAHLOU RELIGIOUS GOVERNANCE IN MOROCCO: DEMOGRAPHIC, 98 Mounir ZOUITEN SOCIO-ECONOMIC AND POLITICAL CONTEXT Ion SÎRBU ECOSOPHY, SECURITY AND MANIPULATION 113

BOOK REVIEWS Eugen STR ĂUȚIU AN ANALYTICAL AND NORMATIVE APPROACH TO MASS 122 MEDIA OPERATION, IN COMPLEMENTARITY WITH MODERN MILITARY OPERATION, EDITED BY NICOLETA ANNEMARIE MUNTEANU Iuliana NEAGO Ș A NEW FUNDAMENTAL WORKING TOOL FOR THE 126 RESEARCH OF THE TRANSNISTRIAN ISSUE, PROVIDED BY THE LABORATORY FOR THE ANALYSIS OF THE TRANSNISTRIAN CONFLICT, EDITED BY EUGEN STR ĂUȚIU

5 EDITORIAL

Gra țian LUPU Lucian Blaga University of Sibiu

STUDIA SECURITATIS, FAKE NEWS AND FREEDOM OF SPEECH IN TIMES OF THE SARS COV 2 PANDEMIC

Abstract: Fake news and lies exist since humans live on this planet. In our times the means of spreading fake news and lies are different by the general use of internet. Media trusts have, in this sense, large possibilities by using traditional mas-media communication and on-line comunication. Although fake news is a threat to democracy, the fight against these should not affect the freedom of speech. During the Sars Cov 2 pandemic cenzorship was some times used in Romania. I stand against these actions! Information claimed to be “fake news” like the one saying that the Sars cov 2 is not so dangerous is undergoing research and investigation so it is premature to call it “fake news”. For some it is already obvious that these is not fake news. The editorial board of the “Studia Securitatis” magazine stands for freedom of speech, for the important principal of listening to all opinions on a metter (“Audiatur omnia pars”) and condamns cenzorship. Keywords: Freedom of speech; Fake news; Manipulation; Studia Securitatis Contact details of the E-mail: [email protected] author: Institutional Lucian Blaga University of Sibiu affiliation of Department of International Relations, Political Sciences and Security Studies the authors: Institutions Calea Dumbrăvii Str. nr. 34, 550324 Sibiu, Jud. Sibiu, Romania address: Tel. / Fax: +40-269-422169

During this first half-year of 2020 international relations and security studies while the “Studia Securitatis” editorial magazines. board was editing this first issue for 2020, − Did anything else happen in the world the Sars Cov 2 spread all over the world, in all of these months? became an overpublicized pandemic and, − What about the ongoing wars? 2 in a way, took over our lives with − What about the so called refugee crisis? lockdowns, economic crisis, big business − What about the important trails on child with equipments needed to satisfy the trafficking and child abuse in the US, medical protocols suggested by the World against which the Trump administration Health Organization, big business of the 1 tries to take measures? big pharma corporations , the shutdown of − What about the big credits with interest very many small businesses and some big (small or big) that some countries took businesses all over the world. In this time we could notice quite a monopole of this pandemic subject in the media as well as in 2 the international political science, https://foreignpolicy.com/2019/12/26/10-conflicts- to-watch-2020/. At the end of 2019 „ Foreign Policy ” spured its readers watch some of the 1 https://theintercept.com/2020/03/13/big-pharma- conflicts in 2020. (20.05.2020) The CFR offers an drug-pricing-coronavirus-profits/ (25.04.2020), interractive and updated map: https://www.ft.com/content/000a129e-780e-11ea- https://www.cfr.org/global-conflict- bd25-7fd923850377 (25.04.2020) tracker/?category=us (20.05.2020)

6 from international banks or from other Coming back to the present international creditors in these months? 1 censorship I could notice that in Romania, Of course, this editorial cannot during these days of pandemic, a massive answer all these questions and further more so called anti fake news campaign was this is not my objective. launched. Sometimes, victims of this In some countries some of these campaign were some newspapers, subjects and many more important ones are magazines and sites. The present means of silently censored. In Romania different spreading news are significantly different opinions than the official position than in the past because of the internet and regarding the measures to be taken in order the use of internet by the main stream to stop the spread of the new corona virus media 4. Lies, although, are in the world as were sometimes censored. These aspects old as mankind and I dare to say that lies – determined me to write this editorial. On fake news – will be here as long as human the one hand, the “Studia Securitatis” beings will live on Earth. Of course, every editorial board wants to make a statement one of us has to fight against lies, fake about the editorial policies, on the other I news, manipulation but limiting the as chief editor, want to make an analysis freedom of speech is not a solution for on the current situation, with an accent on solving the fake news issue but a certain the Romanian situation, as a historical way of deepening it and deluding people! testimony. Evelyn Beatrice Hall wrote in 1906 in the The policy of the “Studia book ”The Friends of Voltaire”: “I Securitatis” magazine is not to censor the disapprove of what you say, but I will authors. This was the guiding line of the defend to the death your right to say it”5. founder and first chief editor, prof. Corvin We, the editorial board of “Studia LUPU, from the beginning of the Securitatis” and me as the chief editor magazine, back in 2007. After prof. Eugen stand for the freedom of speech, Str ăuțiu became chief editor, he got the considering that the truth usually comes magazine indexed in international out, fake news and lies and especially the databases and introduced the “peer review” persons or mass-media that spread it will publishing system and guided the editorial be avoided, excluded and blamed for fake activities in the same way of freedom of news without using censorship. These speech, freedom of publishing research in issues are a matter of the security of the field of security studies, exactly like democracy. Democracy cannot exist Ike analyzed the situation back in 1961 2. without the freedom of speech. In fact, The institution of the free researcher is democracy cannot exist without the correct very important for the human society and information of the public, as the public we prize it by publishing any study that also represents the voters 6. follows our guidelines without any tax or The authorities in most of the fee 3. In this way, authors with a globalist European countries and also in Romania point of view as well as nationalists, euro- skeptics as well as euro-enthusiasts could 4https://freedomhouse.org/report/freedom-and- publish their research. media/2019/media-freedom-downward-spiral (20.05.2020) 5http://www.gutenberg.org/files/56618/56618- 1 https://www.zf.ro/banci-si-asigurari/pandemia-si- h/56618-h.htm, (20.05.2020). a-pus-amprenta-asupra-imprumuturilor-statului- 6https://www.youtube.com/watch?v=-Ey__4- bnr-in-19192433, as an example for the Romanian CvAM (20.05.2020). The connection between government (28.05.2020) Naom Chomsky´s explanations and my statement 2https://www.ourdocuments.gov/doc.php?flash=fals about the threat to democracy is the fact that in a e&doc=90&page=transcript, (20.05.2020) world where voters are misinformed about the 3http://site.magazines.ulbsibiu.ro/studiasecuritatis/? candidates, these win the elections by means of page_id=10 (20.05.2020) public relations just like in the advertising industry.

7 adopted a fearful position over the Sars consider that an important research topic in Cov 2 pandemic. The media spread out the politics and security studies of the Sars panic news. These created hysteria in a lot cov 2 pandemic should be why some – or of countries. Some doctors, infectious many – journalists and opinion formers disease specialists and researchers in the where against the alternative information field of viruses blew a whistle and about the disease caused by the Sars cov 2 explained that people should not get in virus, why they took part in the anti fake panic. In Romania these specialists were news campaign and tried to shut up by soon catalogued as fake news spreaders these means the whistle blowers and the and people got advised they should not persons who called out for normality and listen to these ideas. An interview of dr. against fear, panic and hysteria. It is Sucharit Bhagdi with Romania subtitles obvious that this pandemic generated some was taken out YouTube. The opinions of major security issues in many countries dr. Sucharit Bhagdi were presented as and created major economical problems Russian propaganda 1 Of course there were not necessarily because of the disease but some authors who disagreed with these because of the measures taken by the things but they did not become main authorities on the one hand, by the public stream 2. In the moment I am writing this on the other. That is why it might be editorial these opinions seem to get necessary, when the pandemic is over, to confirmed so the urge of avoiding hold some representatives of the “Russian propaganda” seems to be wrong. authorities accountable for some errors, Our urge is audiatur omnia pars! (Listen major errors or even for deluding or to all opinions!). manipulating the public opinion, as means Our position towards these of stopping repeating such acts in the problems is that the Sars Cov 2 virus future. That is one more important pandemic is continuing and is further more argument why free research, freedom of being researched from the medical point of speech and freedom of opinion are worth view, as well as from the political point of fighting for and, on the other hand, should view. In this last sense I mean that it is be granted! investigated whether this virus was used as I hope that until the next issue of a bio-weapon or not, whether it was our magazine the worst of the Sars cov 2 artificially spread or not. While these pandemic will be over and the society will researches and investigations are ongoing get back to normal, to seeking normality, any opinion should be accepted! ethics and morality! As far as the problems One important newspaper lead by and difficulties that many people had in an investigative journalist, Romanian these month make me consider that many patriot and whistle blower was closed of those persons know better what is because it translated into Romanian and important for them and for the society and published an article which doubted some prize more other values than just the facts about the Sars cov 2 pandemic, facts material comfort and hedonism. that now seem to be proven as untruth myths 3. Because of these arguments I

1https://larics.ro/stop-fals-coronavirus-cei-12- apostoli-ai-dezinformarii-despre-coronavirus-au- ajuns-si-in-romania/ (05.04.2020) 2https://fgmanu.ro/2020/04/08/manipulare-in- lupu-protesteaza-impotriva-inchiderii-unui-ziar- numele-luptei-impotriva-fake-news/, (10.04.2020) din-romania.html (25.04.2020) 3 https://www.cotidianul.ro/interzicerea-site-ului- https://www.activenews.ro/stiri-mass- justitiarul-grav-atac-la-adresa-libertatii-presei/ media/Prof.Corvin-Lupu-Protest-fata-de-blocarea- (28.04.2020) de-catre-autoritatile-din-Romania-a-publicatiei- https://www.napocanews.ro/2020/04/prof-corvin- %E2%80%9EJustitiarul-161181, (25.04.2020)

8 Bibliography Address (1961), https://www.ourdocuments.gov/doc.php 1. Financial Times, Big Pharma calls for ?flash=false&doc=90&page=transcript ”bilions” in upfront coronavirus 9. Repucci, Sarah, Freedom and the Media funding, 2019. Media Freedom: A Downward https://www.ft.com/content/000a129e- Spiral, 780e-11ea-bd25-7fd923850377; https://freedomhouse.org/report/freedo 2. Global Conflict Tracker, m-and-media/2019/media-freedom- https://www.cfr.org/global-conflict- downward-spiral tracker/?category=us 10. Spânu, Ion, Interzicerea site-ului 3. Lerner, Sharon, Big Pharma Prepares „Justi țiarul” – grav atac la adresa to Profit from the Coronavirus, libert ății presei, https://theintercept.com/2020/03/13/big- https://www.cotidianul.ro/interzicerea- pharma-drug-pricing-coronavirus- site-ului-justitiarul-grav-atac-la-adresa- profits/ libertatii-presei/ 4. Malley, Robert, 10 Conflicts to Watch 11. Stroescu, Mara, Stop fals coronavirus! in 2020, Cei „12 apostoli@ ai dezinform ării https://foreignpolicy.com/2019/12/26/1 despre coronavirus au ajuns și în 0-conflicts-to-watch-2020/ România, https://larics.ro/stop-fals- 5. Munteanu, Bogdan, Manipulare în coronavirus-cei-12-apostoli-ai- numele... luptei împotriva „fake news, dezinformarii-despre-coronavirus-au- https://fgmanu.ro/2020/04/08/manipular ajuns-si-in-romania/ e-in-numele-luptei-impotriva-fake- 12. Studia Securitatis, Recommendations news/ for Authors, 6. Napoca News, Prof. Corvin Lupu http://site.magazines.ulbsibiu.ro/studias protesteaz ă împotriva închiderii unui ecuritatis/?page_id=10 ziar din România, 13. Tallentyre, S.G., The Friends of https://www.napocanews.ro/2020/04/pr Voltaire , of-corvin-lupu-protesteaza-impotriva- http://www.gutenberg.org/files/56618/5 inchiderii-unui-ziar-din-romania.html; 6618-h/56618-h.htm 7. Nicolae, Andrei, Prof. Corvin Lupu: 14. Ziarul Financiar, Pandemia și-a pus protest fa ță de blocarea de c ătre amprenta asupra împrumuturilor autorit ățile din România a publica ției statului. BNR: în aprilie creditul „Justi țiarul”, guvernamental a crescut cu 29% fa ță de https://www.activenews.ro/stiri-mass- aceea și perioad ă a anului trecut, pân ă media/Prof.Corvin-Lupu-Protest-fata- la 130 mld. lei, https://www.zf.ro/banci- de-blocarea-de-catre-autoritatile-din- si-asigurari/pandemia-si-a-pus- Romania-a-publicatiei- amprenta-asupra-imprumuturilor- %E2%80%9EJustitiarul-161181 statului-bnr-in-19192433 8. Our documents, Transcript of President Dwight D. Eisenhower`s Farewell

9 INTERNATIONAL SECURITY

Alexandru GRUMAZ Centre for Analysis and Security Studies

THE MIDDLE EAST AND THE NORTH SEA REGION UNDER THE SIGN OF CORONAVIRUS

Abstract: The global context of the Middle East has changed these past few years. Increased power/energy competition brings forth the need for a new strategic outlook. State secretary, Mike Pompeo expressed how the US are and will remain a force of good in the region: ”As we look towards the future, we’ll have to see the region in a new light. We will consider the Middle Eastern governments as constructive partners for both regional challenges and global commitments with Russia and China. It is a challenge which the US is well equipped to handle”. Keywords: USA; China; Russia; Syria; Turkey; Libya; New World Order Contact details of the E-mail: [email protected] authors: Institutional Centre for Analysis and Security Studies affiliation of the authors: Institutions Bucharest, 88, Aromei street, 2nd district, postal code 023786 address: (address pending change)

In an unpredictable world, of great opposes globalization. While globalization competition between great powers, time implies work division amongst disparate stood still, to make room for an economies, going back to a natural unprecedented health crisis, since the 1918 economy means that states will head Spanish Flu pandemic. The world is now towards a state where supplying economic facing a different crisis from that of the goods is entirely up to them. This is not an beginning of World War II. At the time, irreversible move. If governments can Franklin D. Roosevelt and Winston control and overcome the current crisis Churchill’s confident ruling led to the within the next six months or a year, the creation of an alliance that proved world would probably get back to paramount for the final victory. This globalization, even if some of the alliance issued the Washington Treaty, for hypotheses that lead it to this situation what was to come after the war. Today’s (production chains stressed by timely leaders compared the current situation to deliveries) should be revised. But if the war, but it is a different war. What makes crisis continues, globalization could fall this crisis different, is that countries and apart, at first becoming a mix with self- citizens are on the same fighting side. sufficiency. The longer the crisis lasts and the more obstacles against free turnover of Globalization in the time of Coronavirus people, goods and capital, the more is it The world is faced with the perspective of significant change: returning interaction are needed for survival. It can also be 1 to self-sufficient economy . This change called in-house usage, as this situation can only exist when the producer is his own consumer: they produce everything they use and they use 1A form of complete personal or collective everything produced. It can be applied partially or autonomy, resembling independence from an limited to a single sector, like food or energy: food economic standpoint. No external help, support or self-sufficiency, energy self-sufficiency etc.

10 likely for the abnormal to become normal. difference of means to ensure medical There will be special interests in conditions of the EU countries, the most supporting it and constant fear of a new important being the lack of ICU pandemic may motivate calls for national equipment. Most crises, even the most self-sufficiency. To this end, economic severe, are not followed by major changes. interest and rightful health concerns may Crisis generally serve as accelerators, generate consequences. Even an apparently highlighting the existing faults and making small request- for example that all those them bigger. Just like patients with pre- entering a country to present a health existing conditions are more vulnerable, certificate together with their passport- geopolitical ruptures already existing might hinder the return to globalization, within the EU are vulnerable during the considering the high number of people coronavirus crisis. Unity in solving the travelling. Europe will definitely reform. pandemic together with a means of How? There are various scenarios, from a coming out of it together and restarting federal state to going back to a national European economies will lead to a status, from reconfiguring community reinforced Union and to turning it into a bodies to reconfiguring the turnover strategic partner in the great powers’ framework for goods and people within the competition. EU. One question generated by the crisis is: where will Italy and Spain - countries New World Order (!?) most seriously affected from an economic The end of the XIX th century was a standpoint- be? In Europe, for sure, but quiet one, under the hegemonic protection still in the Union? Yes, if Europe displays of the USA. Crises were reduced, or were unity. At the beginning of the coronavirus put on second place, the first being re- pandemic, the EU followed the dangerous organizing alliances in a post Cold War scenario of the 2008-2010 financial crisis, Europe, as the East claimed its rightful when countries in the Euro zone were position with the Western countries. In incapable of agreeing on an January 1994, Madeleine Albright sent a uncompromising solution. The late memo to the top American hierarchical reaction endangered the very survival of (President, Vice-president, State Secretary the single currency. The taking of sides is and Secretary for National Security) almost identical since 10 years ago, with presenting the status of the region after an only a change in some of the main players. extensive tour in Central and Eastern Emmanuel Macron’s France is leading the Europe. The message sent by the Clinton group of leaders arguing for a coordinated administration speaks about the need for fiscal system that would partially mitigate Central and Eastern European countries to the economic impact of a health crisis, gradually adopt western structures, for whose human costs are inevitably securing and consolidating the democratic projected as very high. The opposing side, progress after 1990. featuring German chancellor Angela In the mid‘90’s, Boris Eltin, who Merkel, uses the same arguments as during needed a new mandate, tried to force the the financial crisis, claiming that Paris and hand of the American president in its allies’ “screams'' are nothing but postponing NATO expansion after 2000. another attempt at relaxing fiscal discipline The Russian president had significant and forcing a North-to South transfer of interest in Ukraine, to which added the budgetary resources- writes the Spanish Baltic states’ group of northern states, paper, El Pais. where there was already the Russian The European Commission is going enclave of Kaliningrad. There is one last to great efforts to ensure an optimal attempt in November 1999, an era of solution, which is rather difficult given the downfall of the Russian democratization

11 experiment and of the Eltin era: “I ask but American president, George W. one thing. Give Europe to Russia. The Bush, who was firmly supporting the United States is not in Europe. Europe nominations of the two former Soviet should be European’s business. Russia is states, failed to overcome the opposition of half European, half Asian.(…) You can several European countries, mainly have all the other states and give them Germany and France. And so, Pandora’s security. I will take Europe and provide box was open. A New World Order security for it. Not me, of course. But emerged, and the competition of the great Russia. (…) Russia has the power to powers was off to a quick start. In 2003, protect all of Europe” 1. NATO admission Germany, France and Russia did not join carried on and the entire eastern block was the campaign to remove Saddam from in NATO in 2004, which irritated Iraq. In 2008, the concept of New Europe Vladimir Putin’s Moscow. The idea that initiated by State Secretary, Donald Russia is USSR’s successor is advanced Rumsfeld, was consolidated. There are a for the new Russian Federation’s few things to be considered. First off, what constitution, and this makes us think of was the reason behind Donald Trump’s future territorial claims from the Kremlin. visit to Warsaw? The official pretext for Then, in 2008 history suddenly changed its the American president’s visit is rather course, with the Bucharest NATO Summit. meaningful: attending the second summit Discussions on NATO adheration for of the “three seas” Initiative, the means for countries like Georgia and Ukraine - that accomplishing the Polish dream of were to receive the Adheration Action Plan becoming the leader in Eatern Europe. (AAP), lit the spark for historical changes, Donald Trump’s gesture held a at the beginning of the XXth century. At certain symbolism: a return to president the time, German Foreign Secretary, G.W. Bush’s gesture of visiting Poland at Frank-Walter Steinmeier stated that "there the beginning of his mandate in 2001, is no urgent reason to worsen relations before visiting the western countries; it with Russia this year", relations that were was, at the same time, a visit made on the already tensioned once the West dominant territory of the main objector to acknowledged Kosovos’ independence, the excessive character of the European despite Moscow’s opposition. Poland’s Union, the Law and Justice Party, and of president at the time, Lech Kaczynski, the main fighter for granting sovereignty criticized Berlin’s opposition to Ukraine back to national states; it was a visit to one and Georgia’s adheration, reminding of the NATO countries that award 2% to Germany of its past, in a letter addressed to defence budget, a country that will also the members of the Alliance 2. NATO host an American military base and it was leaders, gathered in Bucharest, failed to also a courtesy visit, thanking the reach an agreement regarding Ukraine and thousands of Polish-Americans who helped Georgia’s access to the Adheration Action Trump’s 2016 victory in key states, like Plan, a last step before adhering to the Michigan, Wisconsin and Pennsylvania. North-Atlantic Alliance. And maybe, the most important reason- a visit for promoting American exports- a manner of winning back global influence 1 ”I ask one thing of you: give Europe to Russia”. through massive gas and oil export, given This was the moment that also decided Romania’s that the Three Great’s Initiative wanted to fate-Octavian Manea Govergning Course 2019. 2 develop a regional energy infrastructure, Germany was accepted in NATO in 1955, in a offering liquified natural gas (LNG) moment when its borders were not acknowledged by all European states, and the situation in Berlin American exporters a market that aims at could start an unimaginable armed conflict, as sweeting the bitterness of Russian Kaczynski stated in a letter to his counterparts of monopol (June 2017 was the date of the the 25 member states in the Alliance.

12 first American shipment of LNG to successfully discouraging military Poland). The symbolic nature of the visit aggression and limiting its political is also emphasized by the highlight of 6th influence for 10 years. The United States July 2017: president Donald Trump holds should once again apply the previous an historic speech in Krasinski Square, in scenario with the Russian Federation, front of the monument honoring the China and Iran. But the most important 200,000 Polish killed by German bullets measure remains cutting its ties with and Soviet cunningness during the 1944 China. We must start taking back Warsaw rebellion. production and investing in regional These last few years, two global diffusion of supply-chains, for both Europe and a regional powers made great efforts in and the USA. The imperative need to cut revising security arrangements in that area. off ties with China is just as important as Russia invaded Crimea and eastern before. But getting there will not be easy. Ukraine and secretly tried to destabilize The concept of „Re-shoring” is in itself a European democracies. China built complicated process, that will take years to artificial insular fortresses in international get results. The change will require waters, claimed large areas of the Pacific incentives, both positive and negative, and began economically organizing including changing corporate taxation Eurasia in a manner that favoured code, subsidies, penalties and maybe even Beijingului. The Islamic Republic of Iran planned efforts for changing behaviours. expanded its influence on most of Iraq, Contemporary world is, to some Lebanon, Syria and Yemen and aims at extent, similar to the mid XX th century era. building a road with sea bases in the A new politics of isolation offers the best Mediterranean and, while at the same time, chance in defending XXI st century building nuclear weapons. transatlantic interests. The Cold War What characterises this New World divided the world into opposing sides, and Order is described by Richard Haass in his even divided countries. Today, similar book ”A World in Disorder-American separations develop, each revisionist foreign policy and the old order crisis” 1: power searching for their own sphere of Nowadays, foreign policy must begin with influence, outside the global order a focused effort in discouraging rivalry endorsed by the USA and joined by the amongst the great powers, competition EU. Just like before, revisionist powers are and, first of all, for avoiding conflicts dictatorships contesting American values, within international systems. Richard as well as transatlantic interests. Haass’s arguments are: (1) Such a Revisionist powers attempt at overturning deterioration would be extremely costly political, military and economic even if it would not lead to conflict and (2) agreements, built by the United States and antagonistic relations would make for a the West after World War II. In the event difficult cooperation in actions against of an apocalyptic scenario, where Vladimir great global and regional challenges. Putin’s Russia manages to take control This new world will require a new over new areas of the former Soviet Union, American foreign policy, one that the Xi Jinping’s China gains control over White House administration would install Western Pacific sea trade and Ali immediately after the 2020 elections. Khamenei’s Ayatollah of Iran dominates During the Cold War, the United States the oil reserves of the Persian Gulf, the chose to isolate the Soviet Union, global order endorsed by the USA and its allies would be seriously hurt. For most of 1 Richard Haass, A World in Disarray: American the Cold War, Washington faced but one Foreign Policy and the Crisis of the Old Order , great enemy, the Soviet Union, leader of Reprint Edition, Penguin Books, London, 2018, p. the international communist movement. 232

13 Now it has to face three separate American forces from the area. USA State adversaries, each independent from the Department’s policy, under former State other two. Secretary Rex Tillerson, defined, in 2018, Russia and China are cooperating, four key objectives for its presence in but are also competing. And even though Syria: ensuring a lasting defeat of ISIS, the two are in good relations with Iran, creating adequate conditions for Syrian both also have significant Muslim refugees to return to their homes, limiting populations and face a high risk within Iranian influence in the region and these communities. For sure Moscow organizing UN-supervised elections, meant would have preferred to actively engage to bring a new administration in with the USA in the Middle East, but the Damascus. best opportunities explored so far, did not In March 2018, president Donald bring about any real effects. By shipping Trump fired Tillerson and Ankara took several hundred hired killers in Libya, or advantage of this situation and changed the by condemning Soleimani’s execution by geo-political situation in its favour. A the Americans, Moscow draws attention in telephone conversation between Erdogan the European capitals. If this attention and the American president led to setting translates into a relaxation of sanctions- off the Turkish military operation in Kremlin’s objective to be achieved with northern Syria. Ankara deems the Units for any available tricks- this constitutes a Protection of the Kurd Population- serious problem for the European Union. presently controlling the area targeted by President Putin acts under the assumption the “Peace Spring'' operation, as a military that this unity is damaged beyond repair. extension of PKK, a group that carried out What attracts Russia in its interactions with a long military campaign for autonomy the Europeans is these states' incapacity of against the Turkish state, since the 80’s. agreeing on a coherent course of actions or The presence at the south border, of such a of offering support to the American way, group, controlled by the Syrian Democratic which some European leaders deem as too Union Party - created on the 20th stirring and inconsistent. September 2003- having a democratic confederate view and ideologically Middle East at a turning point affiliated with the Kurdistan Labourers 2019 is a turning point for the Party (PKK), was deemed as an Middle East, the partial retreat of unacceptable threat to Turkish national American military troops from Syria security and territorial integrity. enabling Turkey to enforce its new strategy What was Europe’s reaction? The on creating a safety corridor, at the UE firmly condemned the operation and southern border. Before 2016, Erdogan’s quickly requested a meeting of the UN plans for a military intervention into Syria Security Council for a joint statement were rejected by both the Obama against Turkey, but the initiative was Administration and Turkish high military unsuccessful because of the opposition officials. Subsequently, Erdogan refused to manifested by Russia and the USA, so attend the US-led anti ISIS coalition, Bruxelles was on its own with the which came into being in the summer of sentence. Despite the fact that this 2014, after the conquest of Mosul, by the sentencing took place on the 14th October terrorist organization. Turkey objected to 2019 during the meeting of EU foreign the use of Incirlik airbase by allied forces, secretaries, they failed to reach an so Washington was forced to use the bases agreement on imposing a Union embargo in Al-Udeid- Qatar and Riffa- Bahrain. We on delivering weapons to Ankara. By can now notice the twists and turns behind dissolving the so-called “terror corridor” the political decision of retreating and securing southern borders with Syria

14 through military operations like “The the Suez Channel, a French and British Shield of Euphrat”, “Olive Branch” and ownership under Egyptian control, and “Peace Spring”, Turkey challenges the namely to reject the American and British status-quo from the Mediterranean Sea. offer for building the Aswan dam on the By signing the Unity Memorandums Nile. After the war, Great Britain regarding the arrangements for marking abandoned its colonial dreams in the areas of naval jurisdiction with Libya and Middle East. Its military base on the Suez granting military assistance to the Tripoli Channel, which held roughly 80,000 regime, Ankara ensured itself a change in soldiers, was disbanded at the end of 1956, the geopolitical scales of the given the Egyptian opposition and lack of Mediterranean. The geopolitical area that American support. Washington intended to Turkey wants secured is bordered at one eliminate Great Britain’s control in the end by the Mediterranean, area covering area and stop Soviet expansion in the the west and south of Crete island, and to Middle East. On January 5 th 1957, the the other by the General Headquarter of American president presented the Congress the Turkey-Qatar Mixt Task a common resolution regarding the Middle Commandment, covering Hormuz Straits East, known as “The Eisenhower of the Persian Gulf. The southern end of Doctrine”. It stipulated that the president this area comprises the Turkish and Somali had the power to intervene in the event of a Task Commandment of Mogadiscio, communist attack on a Middle Eastern capital of Somalia, on the coast of the country and offered those states the right to Indian Ocean. economic aid, from the USA, in the Turkey is competing for amount of 200 million dollars 2. In the geopolitical influence in Libya, in eastern following period, USA’s decisions from Mediterranean, for creating a different that moment on generated historic model from the one in Syria, where Russia dividends, including the 1987 Camp David plays the main role and the Teheran comes Accord, between Israel and Egypt, the second. We must pay attention to this oily 1991 liberation of Kuwait and maintaining smelling mix of interests, where Turkey oil exports during periods of intense and Russia are the main players, fighting conflict. Now, however, the USA's through proxies, and the USA, France and apparent vital interest in promoting peace Italy are the referees that will eventually and security in the Middle East is tilt the scales favouring one side or the collapsing under the burden of changing other. energy markets and the human and financial impact of the apparently endless The rise and fall of the British Empire in wars in the area. „Let somebody else fight the East for this blood-stained land”, declared Fifty years ago, the United State American president Donald Trump in began filling the blanks left after the October of 2019, explaining his sudden British retreat from the Persian Gulf, first decision of eliminating American troops assuming the role of a regional peace from north-eastern Syria. agent, during the Suez crisis 1. The war was The USA spent over 8 billion as a direct consequence of the decision dollars on wars in that region. President made on July 26 th 1956 by General Gamel Trump’s availability in detaching from the Abdel Nasser, Egypt’s ruler, to nationalize Middle East seems to be supported not only by Congress Republicans, but also by a series of Democrat candidates in the 1The different names of the Eastern crisis of the mid ‘50’s: the 1956 War of the Suez Channel. For 2020 presidential campaign, who, just like Great Britain and France it was Musketeer Operation. For the Israeli it was the Sinai Campaign 2Jean-Baptiste Duroselle, André Kaspi, op.cit., or Kadesh Operation (Mivtza Kadésh). p.119

15 him, endorsed a drop of troops and even East has spread to almost all regional backing out from the Afghanistan and Iraq problems, breaking international alliances wars. and supporting war throughout the region, A powerful example was Iran’s at the same time raising concerns for a attack on Saudi Arabia oil plants, in direct conflict between the two powers. September 2019, when the lack of a After Mohammed bin Salman’s military response and applying a new appointment as crown prince, in 2017, the sanction plan were obtained by president son of powerful king Salman, Saudi Arabia Trump from the Congress. As long as there tried to force its politics in the Middle East are still around 60,000 and 70,000 and was supported by the help of the White American troops in the Middle East, it is House administration. Determined to premature to think of an alleged American undermine the Iranian regime, Washington pull back from the region. Russia takes backed out from the nuclear agreement back its central position through a military with Teheran and used its economic power occupation of Syria and, to some extent, to suffocate Iranian economy. The tensions goes back to what it was during the USSR. between these two, initiated by Iran’s The lessons learned from the Thirty Years attack of an American drone and Saudi oil War, a series of devastating conflicts that plants, culminated with USA’s rampages Central Europe between 1618 assassination of Iranian general Qassem and 1648 and the Treaty the finally settled Soleimani in Iraq, immediately followed them - Westphalia Peace Treaty - can be by an Iranian military response comprising successfully applied to the conflict in Syria of an Iranian ballistic missile barrage, and the violences affecting the Middle targeting American troops at Al-Assad East, starting with the 2010-2011 Arab base. Collateral victims of the incident: rebellions. The Syrian civil war is not the 176 people on board of a Boeing 737-800 oldest conflict in the area- it is foreseen by on a flight from Tehran to Kiev, shut down the Afghanistan war nearly a decade by an Iranian missile shot from a TOR-M1 before. However, the Syrian war is the Russian system. roughest conflict in the area, with hundreds Under the indulging Moscow eye of thousands of Syrians either killed or and with the support of Bagdad wounded, six million forced to flee the government, Tehran built a road through country and another six million dislocated Iraq and Syria towards the Mediterranean, internally. The conflict also enclosed a through which it ships military materials to series of regional actors and great powers Syrian and Libyan proxies. Its endpoint in a manner that would echo for a long would be a sea pier, in Latakia port, for its time after the ceasing of violences. Syria is battleships. Suadi newspaper Asharq al- also the burial ground of a series of third Awsat 1 revealed on the 15 th february that party, diplomats, tactical interventions and the Russians have given up on limiting other “peacemakers'’' ambitions. Why is Iranian military presence in Syria. They that? Because the various ethnic wars and quoted sources from the Saudi intelligence crises currently taking place in the Middle system, present on site in eastern Syria, East- including the Syrian desaster- must where the Saudi people had taken over the not be considered as separate conflicts in eastern Syria oil region in December 2019, different countries with individual origins, under the aegis of the USA. These sources but as a sole regional crisis affecting the

Middle East. 1 Asharq al-Awsat is an Arab international newspaper headquartered in London. Pioneer of the Iran versus Saudi Arabia offshore model, for Arab media, the paper is known The conflict between Iran and for its distinctive edges in shades of green. The Saudi Arabia for supremacy in the Middle 2005 New York Times said Asharq al-Awsat was ”one of the oldest and most influential of the area”.

16 ask themselves „how can Israel hope to be American sanctions and hamster Russia’s successful in stopping Iranian expansion, if increasing influence in the ports of Latakia the Russians failed”. While Russia’s and Tartus. objective was the restoration of the Iranian According to the report, before state, Iran’s game plan is different from 2011, Iran had no military presence on the building a strong military point in Syria. Syrian coast. Its role was limited to The grounds for this is opening a new front building schools and charities. With the against Israel. rebellion, Iran tried to infiltrate the coast, The last thing Moscow, as a major through various means like agencies with a power in Syria and “controller of wide range of businesses. Deploying airspace”, wants is for Iran to put it at war Russian military forces with the Hmeimim with Israel. Moscow depends too much on base dramatically reduced Iran’s military Iran in Syria in ensuring control and expansion towards the coastline. At that stabilizing the situation. It cannot afford to point, Tehran had limited to a military and cast out an essential military ally. Donald civil infiltration of Syria. These past few Trump’s realpolitik approach towards the months. however, Tehran increased its East, including Iran, is a Washington neo- efforts of establishing a pivot-like point on conservative approach, manifested through the coastline. A recently issued document that former state secretary, David Acheson confirms the fact the Latakia port manager (1949-1953) said: „What America learned ordered that the managing committee the hard way a long time ago is that it must discusses with the “Iranian party” the negotiate from a position of strength“. possibility of transferring port This was their negotiation during the Cold administration to the latter. This is War, and this is how they negotiate today. confirmed by the The New York Times, But Iran lacks the economic and military who revealed that an agreement was power necessary for taking on the USA, reached on signing over port Saudi Arabia and Israel and any attempt at coordination/control to Tehran. The manufacturing ballistics that would carry agreement was signed on February 25 th nuclear charges would offer the three a 2020, during Syrian leader Bashar Assad’s clear reason for a military intervention 1. visit to the Iranian capital. The efforts of Tel-Aviv officials are still Companies affiliated with the valid 2. Iranian Revolutionary Guard began A report of experts and politicians shipping merchandise through Latakia from the Syrian opposition and quoted by port, which is used as an alternate route for the Saudi press, state that Iran has weapons smuggling. Moreover, it would consolidated its military and economic gain significant influence by controlling position along the Syrian coast. The the largest Syrian port, partially National Liberation Front, led by Fateh al- disregarding the degradation of economic Hassoun, accused Tehran of having conditions in areas under the regime’s searched/searching solutions for sea routes control. Israelian military and intelligence and land alternatives in order to avoid sources, quoted by Haaretz’s publication website, revealed that given the situation 1 Alexandru Grumaz, Russian roulette: Israel from the borders with Israel and the attacks versus Iran , in ”Adev ărul”, May 11, 2018. of Israelian air forces, the Iranian 2 Quoting the same source, on February 13 th , Israel Revolutionary Guards and Hezbollah have eliminated four Iranian officers in an attack on a recently relocated their Syrian new Iranian weapon shipment delivered in the area headquarters from Damascus to the of Damascus. Two of the dead were generals of the Revolutionary Guard- Riday Mahmadi, commander northern province of Aleppo. They of Iranian forces in the region of Damascus and liberated the so-called “Glass Hour” centre Haj Hossein, responsible for arming Iranian forces near Damascus and set up a new command in Syria.

17 centre at the Al-Assad Military Academy, precision missiles, equipped with Russian 7 km off the centre of Aleppo. gyroscopic systems with an accuracy of up This campus can host 2,000 to 10 m, capable of reaching Tel Aviv”. soldiers. The new centre is secured with Bavar-373 Iranian anti aircraft batteries, Syria- a never ending war having an operational range of 200 km. Syria (Figure 1) is now in its 9 th Hezbollah forces were entrusted with the year a civil war that often promises, but task of ensuring the new headquarter and never actually succeeds in ending. its approaching routes. The unexpected President Bashar al-Assad took over a visit of brigade general Esmail Ghaani, large portion of the country, but there are new IRGC commander, to Syria, in March still large areas at war. On february 2020, 2020, would oversee this move. Although Assad’s troops, aided by Russia, advanced this was his first journey to Syria since the in Idlib province, a north-western Syrian assassination of his predecessor, Qassem defence fortress, after a nearly 10 months Soleimani, no Syrian officials welcomed offensive. Since December 1 st 2019, over Ghaani to Damascus. His sole destination 800,000 Syrians have fled from their was Aleppo, for the clear purposes of homes. Assad may have won a territory, setting up the new command centre that but his regime is seriously fragile, and the would run under his command. Tehran is regions under his control are unstable. quick to replace lost officers, as can be This war is not one that Assad can seen in the case of new Al Quds forces’ conclusively win, even with the support of leader, after the loss of Qassem Soleimani. Iran and Russia. We must acknowledge the The same goes for the destruction fact that the Syrian civil war is not likely to of weapons’ shipments. Inevitably, some end in the near future. The prospect of a pass though and many are delivered larger war is devastating. The current state without delay. How else could one explain of things shows us that Syria’s fate is far the increasing number of precision missiles from decided. Assad has spread his forces reaching Hezbollah? In presenting his five with the help of Iran and Russia. But the year plan, Lieut.Gen. Aviv Kochavi 1, has army of their coalition is indeed emphasized:„Hezbollah is overestimated.Damascus and its partners advancing with their own project of have stretched the military protection over buying.using precision missiles”. This is a wide area, in order to be able to convince despite three years of constant Israeli the international community to accept the attacks on Iranian weapon regime’s victory. shipment/storehouses on Syrian territory. The coalition, in fact, hopes that The general mentioned that Israeli armed other countries would help her consolidate forces must face „terrorist armies around its power by investing in reconstruction Syria, Libya, Gaza and Sinai”, as well as projects, that could reimburse Iran and with Iran who „presently owns 1,000 Russia and finance Assad’s corrupt system, that helps him rule. Here and now, China

1 fully joined in. Assad’s plan worked Lieutenant-general and head of Israeli general almost perfectly. Until the end of 2018, the staff, as of January 2019. Between 2017-2019 he held the position of deputy of the Israeli general Syrian regime had advanced so much that staff. Kohavi commanded the Gaza Division some countries began to reconsider their during the unilateral disengagement of Israel from opposition against Assad. The United Arab Gaza and subsequently, (2014-2017) he was the Emirates re-opened their embassy and commander of the Israeli army’s North invested in reconstruction projects. Saudi Commandment. Between 2010-September 2014 he served as commander of the army’s military Arabia and some European countries intelligence service. He excelled especially during considered following the same process. the Second Lebanon War of 1016 and in stopping The USA, however, stood aside. the terror wave of Intifada al Aqsa.

18 Washington refused to accept the regime’s The Black Sea false victory and, in turn, added more In between the Middle East and sanctions against Damascus and re-focused Southern Europe lies „Mare Nostrum” western world on a diplomatic process which can be accessed through Bosphorus meant to bring a political solution that and Hellespont of the Black Sea. There is a would take into consideration Assad’s simple argument explaining the importance regime and deny him the reconstruction of the Black Sea, a peripheral sea, to an funds. extremely important operational area. The The ”Syria Study Group” report of Black Sea is located at an important September 2017 stated: „Throughout the crossroad between Europe, Asia and the Syrian war, Iran’s deployment of their own Middle East. Black Sea’s military main forces and foreign recruited militia was element is Crimea, from the point of view conclusive for the loss of territories of the of the Russian Federation, and Constanta Syrian opposition. Subsequently, Iran can harbour, from NATO’s point of view. In now carry on their own geopolitical agenda his opening lesson 2 dedicated to the history on Syrian territory, including the of the Black Sea, historian Gheorghe introduction of sophisticated weapon Br ătianu (dean of the Philosophy and systems that would enable Iran to open a Languages College of Bucharest new front against Israel and threaten University), he called it Romania’s “secure Eastern Mediterranean free navigation. In space”: ”If Romania holds an interest in the event Iran ever acquires nuclear the Black Sea- an undeniable fact since weapons, Israel is worried they might face ancient times- it must take into a situation very much alike the one in consideration all possible angles that this South Korea, threatened by an enemy with sea bears two positions, that a modern both a conventional massive arsenal, as term, generally overused, calls “key well as a nuclear capacity that might positions”, namely definitive positions:1) discourage foreign partners, like the United Bosphorus strait, and generally the Straits’ State, from offering their help in case of a system, enabling navigation beyond this conflict. A war between Iran and Israel is closed sea; and 2) Crimea, which, given its but a secondary conflict generated by the natural ports, it ancient fortresses, its Syrian civil war. The threat that Iran advanced sea outpost in the Black Sea, is represents to Israel on Syrian territory has obviously in a ruling position for the entire motivated Tel Aviv leaders to find maritime complex of the area. He who solutions for solving the Russian crisis. owns Crimea, reigns the Black Sea. Who Also, Jordan and Lebanon have tighten doesn’t, cannot reign it… One thing is their relations with Russia, concerned with certain, that the notion of a secure space the Iranian presence, the increasing implies that we cannot remain indifferent instability in south-western Syria and the to what is going on in these two key increasing uncertainty regarding American positions of a sea that is so closely tied to policy” 1. our existence”. Oil and gas pipes, as well as fibre optic cables go over the bottom of the sea, 1From the study introduction: ”This report is the bipartisan agreement of the Syrian Study Group. while at the surface, hundreds of ships No member can be satisfied with each individual cross it, in the process of moving wording and argument. The results of this report do merchandise and people. For centuries, the not represent the opinion of the US Peace Institute, Black Sea was the object of dispute among who was managed by the Congress in order to the world’s greatest empires. Throughout facilitate the activity of the Syrian Study Group. In this report, members of the Syrian study group explain the reason for which Syria is important for 2Gheorghe I Br ătianu, The Black Sea (from its US security and why should American people be origins until its Roman conquest) , Vol. 1, Editura concerned with the situation there”. Meridiane, Bucure ști, 1988, p.108

19 history, it proved to be one of the most Russian fleet (FMNR) already had enough important geopolitical and economic points power to oppose NATO troops dispatched in Eurasia. Since the disappearance of the in the Black Sea. By the end of 2020, Soviet Union, there have been major Russia plans to introduce 30 new changes in the the Black Sea’s geopolitics. battleships for the FMNR battle service, an The Black Sea region, poorly controlled addition to the 47 existing ones. All new during the bipolar era (1947-1991) by the Kilo-class electric diesel submarines of the USA led side, was dominated by the USSR Russian marine, armed with Kalibr cruise and Turkey. Ankara dominated Black missiles(SLCM) that can be launched from Sea’s southern shore and was the only pro- sea are attributed to the Black Sea fleet, west country back then. Romania, together with the most recent class of Bulgaria, Ukraine and George were closely Buyan-M corvettes and two of the six large monitored by Moscow. With Georgia’s vedette boats with stealth technology. 2002 drastic change of direction and Black Sea’s air force assets include two Ukraine’s new pro-western view, Romania attack and reconnaissance regiments and Bulgaria’s 2004 admission into NATO positioned in Crimea, equipped with Su- and the EU rounded up the dramatic 30SM and Su-24M planes, while four change in regional relationships, with small Be-12PS ships are used for marine global consequences that cannot be patrolling and SAR. Surveillance is underestimated. carried out with old ships belonging to a Throughout history, “the Great Salt worn out fleet, ships ready for an anti- Lake” was the acting stage for conflicts submarine war (ASW), Iliushin IL-38 between the Russian-orthodox world, the turbo-jet engines 2 that are to be brought up Turkish-Islamic world and the West. to date. Controlling it was important from both a In short, broad militarization for strategic and military and economic 98% of the Black Sea. New Russian standpoint. The region’s current military assets now includes Anti- geopolitical structure is marked by two access/Access Denied (A2/AD) modern main dynamics. The first is setting-off systems, bringing about security Russian and American influences- that, is challenges for NATO troops and Black Sea in turn competing with Turkey’s residing states. A2/AD assets are ambitions. The second refers to strategically placed, and include modern emphasizing an energy axis connecting air defence systems - for example S-400 Central Asia, the Caspic Sea’s natural missile systems, located in Crimea, and gases and oil to the Balkans and the EU. extensively used for blocking potential adversaries, namely NATO, from Russia „Black Sea’s military police” accessing the area of interest or from Russian Federation’s relationships operating in certain land, maritime or with its immediate neighbours - former aerial areas. Soviet Republics Georgia and Ukraine- went from a cold conflict to an open one. Russia engaged in a short war in 2008 with Organization against Russia’s unilateral and illegal actions, stopping search and rescue missions in the Georgia, and then, six years later, with a Black Sea, Azov Sea and Kerch strait, which new type of war, hybrid war, it occupied connects the two large seas. Crimea, that belonged to Ukraine and 2 Upgrading Il38 planes, means installing the new started a secessionist war in Donbas. The Novella-P-38 target system, to search and track, War between Russia and Ukraine able to detect aerial targets up to 90 km, land 1 targets up to 320 km. The system enables up to 32 expanded to the Azov Sea . The Black Sea simultaneous targets. Novella system is installed on three short poles above the cockpit, while an 1 On January 18 th 2020, Ukraine and Georgia filed electronic and optical/infra-red turret is installed a complaint with the International Maritime under the nose. (EO/IR).

20 The illegal annexation of Crimea is, thousands of kilometres away, like the US. in fact, the most dangerous crisis since the To the US, its strategic importance comes fall of the Iron Curtain. Moreover, out of from two issues. the many idling conflicts in the Black Sea The first comes from the area, one can always be resumed, from Washington treaty’s provisions- the one Abkhazia and South Ossetia in Georgia, to that created NATO alliance. Three out of Transnistria in the Republic of Moldova the six Black Sea countries (Turkey, and the Donbas in Ukraine. Black Sea’s Bulgaria and Romania) are NATO importance grew after the Russian military members. Two more countries (Ukraine intervention in Syria, the Russian fleet of and Georgia) are part of the NATO Peace Sevastopol offering logistic support to the Partnership and Georgia is also and official expeditionary force. This is one of the candidate to NATO. reasons for which the Black Sea and Second, one of America’s greatest Eastern Mediterranean became a common geopolitical adversaries, Russia, hinges on security environment. Russia initiated a the Black Sea region for reasons related to new “Iron Curtain” in the Black Sea. It energy, trade, security and economy. For created a A2/AD area, using Murmansk- Russia, its dominance in the Black Sea BN equipments for electronic war 1 or area was always deemed as a matter of equipments that jam high frequency national survival. During the Warsaw telecommunications, including the high Alliance Summit, Romania requested the frequency global communication system – foundation of an exercise centre for the HFGCS- namely the global network of Black Sea in Constanta, but a decision transmitters offering communications for regarding this project was delayed because command and control systems between of Bulgaria and Turkey, who initially ground agencies and American military accepted but then opposed such an aircrafts, ships, command centres initiative. After a year of negotiations, the dispatched within operating theatres etc North Atlantic Alliance approved the (USA’s military partners have access to creation of a special unit for monitoring this network). Russia also has radar risks in the Black Sea. The structure systems monitoring all NATO ships in the operates within NATO’s maritime Black Sea, especially the access points headquarters in Great Britain and has the from the Mediterranean, through mission of coordinating naval exercises in Bosphorus and Hellespont straits, and also the region and collecting intelligence S-400/S-300 anti aircraft systems, necessary for risk assessment. including short action range Iskander M This will increase the number of missile systems (that could launch SSC-X- NATO ships in the Black Sea and also that 8 intermediate range missiles). The Black of ally naval exercises. Russian Sea is important even for a country Federation’s ports with the Black Sea, as the country’s only warm water ports, have 1 As early as 2017 Russia installed in Crimes the always served its economic interests. For EW ”Murmansk-BN” system. This strategically example, in the eve of World War I, 50% important technology was studied since the 60’s in of all Russian exports and 90% of its the USSR. It was only in 2015 that the first efficient prototype was built. It was tested by the Northern agricultural exports went through Russian fleet, and in 2016, the EW ”Murmansk- Bosphorus into the Black Sea. Nowadays, BN” system became operational. The systems jams an oil carrier makes the same journey with radio communications within a 3,000-5,000 km Russian and Kazakh oil, every 15 minutes range, and inthe event of a good signal, even by (the latter, of course, transiting Russia, so 8,000 km. This is a automatic system for short- wave radio interference, jamming the operation of Moscow gets transit fees). Russia also military equipments on board ships, throwing off uses its Black Sea bases, many of which even the their navigation parametres, which display are located in the Peninsula occupied by false coordinates, confusing the staff.

21 Crimea, for deploying military force The strategy is based on three operations, like the military operations in hypotheses: (1) the geography of the Black Syria. Sea and the two straits- Bosporus and How important is Romania to Hellespont; (2) the ability of the NATO NATO and the European Union, in the endorsed state areas to stop and defeat a context of the current progress regarding potential aggression or attack, including Black Sea security 1? General Ben Hodges setting off active measures; (3) NATO (former commander of NATO forces in ensuring discouraging and re-assuring Europe- SACEUR): Romania is definitely measures for mitigating threats escalation. essential to NATO, given its location, at Essentially, this strategy is a version of the the western end of the Black Sea, A2/AD strategy, where aerial denial (AD) controlling Danube’s outfalls, uses more measures encompassing setting- neighbouring Ukraine, that is currently at off Russian active measures, intelligence war with Russia. I believe Romania is and electronic war, subversion by means of essential for NATO’s efforts in the Black the “little green men” (special troops). In Sea area. Secondly, if this sea port of Romania, the American strategy will focus Anaklia, Georgia, is ever established, there on strengthening its position at the Black is the possibility of a very important Sea, having Constanta as the centre, but economic corridor between Romania, also on the other NATO advantages in the Georgia, Azerbaijan and Turkmenistan, area. making Romania a gateway to Europe by The Black Sea is the test result for significantly intensifying economic trade the Hedgehog Strategy, which is to be with China. Hence, if Romania can subsequently applied for the Baltic Sea, as significantly improve its infrastructure- well. The Hedgehog Strategy will focus on roads, highways, railway- then I think the weaknesses of the three categories of Constanta can become a much more Russian armed forces (aviation, navy and interesting port for enhancing trade. But, if infantry) and on setting off Russian active you don’t have the infrastructure to ship measures. The strategy will use Romanian merchandise out of port, it will be military forces supported by NATO C4ISR irrelevant how large the port is, as roads command and control systems, forces that and railways leaving Constanta are just as focus on the extensive use of unmanned important. systems (UAV- that would monitor aerial A new American concept for and underwater space, equipped with war NATO’s eastern flank was presented two ammunition for carrying out anti-ship and years ago at a conference held on March anti submarine operations), cruise missiles 7th -8th 2018, at the Naval War College, in and other types of missiles, on thousands Newport, Rhode Island 2: ”The Hedgehog of anti-car (Javelin) and anti-aircraft Strategy” . (Stinger) missiles, the use of GPS systems and C4I cutting edge technology, difficult to jam, on low altitude military satellites, 1 Mircea Olteanu, Interviu cu generalul Ben on partisans and local guerilla forces (land Hodges: România este centrul de gravita ție pentru troops must have a guerilla like eforturile NATO în zona M ării Negre, https://monitorulapararii.ro/interviu-cu-generalul- organization so as to attack enemy logistics ben-hodges-romania-este-centrul-de-gravitatie- and supply line considering that every pentru-eforturile-nato-in-zona-marii-negre-1-17197 ingression will be by sea) and last, but not (13.05.2020) 2 least, on the combined forces of infantry Naval War College, Newport, Rhonde Island, and aviation (paratroopers) with a high Consolidated Report of the Workshop Sponsored bu the Under Secretary of the Navy , March 7-8, 2018, speed of reaction. Constanta is to be http://aspeninstitute.ro/wp- fortified with a averity of military systems, content/uploads/2018/05/Porcupine-Strategy-for- including for electronic war (EW), which, Europe_Naval-War-College.pdf (14.05.2020)

22 in turn, will be protected by the Aegis- Initiative of the Three Seas”. Their purpose Ashore system, MK-41 systems for is to discourage any potential Russian vertical launching, enabling the launch of movement towards western Europe. Standard 3 (SM3) missiles and Patriot Once Russia went back to the status batteries, an upgraded aerial logistic base of major regional power, Intermarium (Kog ălniceanu). geopolitical concept, launched at the The American army intends to beginning of the XX th century, takes shape. bring “various enhancements” to Mihail We find together countries like Croatia, the Kogalniceanu air base 1, the list comprising Baltic States, Poland, Slovakia, Romania, of buildings, a new railway terminal and Hungary and Bulgaria. Some Western the corresponding infrastructure worth 100 chancelleries are concerned about the million USD dollars and the multinational emergence of such a block. brigade of Craiova, together with a series Not many Europeans want to go of concentric defence with a 200 mile back to the Cold War politics. Most range into the Black Sea (a 321 km range Europeans, especially German and French means roughly ¾ of the distance to businessmen believe Russian interests can Simferopol in a straight line. If Russia be met without creating a new line of decides to attack on land, it will have to discouragement. On the other hand, for attack through Ukraine, which will be hard Washington and their strategists, such a given an alleged strong Ukrainian solution would benefit from their support, resistance. as NATO cannot really offer military If the military options were assistance without American help, given established above, a complex strategy for the European Deterrence Initiative (the using NATO support forces will have to be former Reassurance). The amount of this established within a time-frame of 1-2 help went from 1 to 5,9 billion US dollars years, one that comprises deployment of for 2020, and this year there are plans to equipments and the logistic commandment start the pre-positioning of American point. At the same time, Bulgaria and military technique within a division. Turkey’s strategic use must also Although many analysts fear the Russian encompass revising the 1936 Montreux threat on the Baltic states, the dramatic Convention, which, in the words of change was in the Mediterranean, where president Trump, is obsolete because the Russian navy now prides itself with among the original signing parties there is missiles that can endanger most European also the USSR that was dissolved, and countries. For some time now, the Ukraine and Georgia are new states. Kremlin functioned/functions de facto on There is also a need for war mode. What should we do? Admiral strengthening alliances. Hence, we need to James Stavridis 2 stated in an article strengthen the two deals carried out at the published by Bloomberg 3 some of the initiative of the Polish president, Andrzej necessary options to be considered in the Duda, Romanian president Klaus Iohannis Black Sea area. and Croat president Kolinda Grabar- I’d name a few: (1) first off, NATO Kitarovic: ”Bucharest Format and The should improve its schedule of waterside

1 Roughly 500 American soldiers who are part of 2 Retired US Marine admiral, former NATO the “Fighting Eagles” 1 st Battalion and several M1 military commander in Europe (SACEUR), Abrams tanks, Bradley war machines and Paladin currently the dean of the Fletcher School of LAw self-propelled shells are dispatched for 9 months at and Diplomacy of Tufts University. Mihail Kogalniceanu Base. The presence of the 3 James Stavridis, Crimea isn’t the End of Russia’s “Fighting Eagles”, 1st Battalion, 8th Regiment of Black Sea Ambitions , Marine Infantry highlights the fact that the strong https://www.bloombergquint.com/business/crimea- strategic partnership between Romania and the US isn-t-the-end-of-russia-s-black-sea-ambitions, is real, not just on paper“. (14.05.2020)

23 visits, exercises and instruction mission; the Black Sea region, on land, with our (2) second, the Alliance must develop and presence in Romania, but also on sea and finance a coherent intervention plan for aerial and we are working closely with Black Sea naval operations; (3) third, the partner countries of the Black Sea, like US 1 must increase military deployments, Georgia and Ukraine”. independent from NATO operations; (4) forth, the US must have a tight cooperation Bibliography with Turkey, that literary holds the key to the Black Sea, given that it controls the Books and studies straits guarding it, Bosphorus and 1. Br ătianu, Gheorghe, The Black Sea Hellespont 2; (5) finally, the US can (from its origins until its Roman conquest) , encourage western companies to invest in Vol. 1, Editura Meridiane, Bucure ști, 1988 Bulgaria, Georgia, Romania, Turkey and 2. Duroselle, Jean-Baptiste; Kaspi, André, Ukraine. Oil and gases are paramount, but Istoria rela țiilor interna ționale , Editura so are logistics, fibre optic cables and other Știin țelor Sociale și Politice, Bucure ști, development projects within 2006 communications. Helping these countries 3. Grumaz, Alexandru, Russian roulette: connect their economies both within the Israel versus Iran , in ”Adev ărul”, May 11, Black Sea community as well as Europe 2018 and the US represents the “soft power” that 4. Haass, Richard A World in Disarray: can mend the region’s stability. The American Foreign Policy and the Crisis of current situation is presented by NATO the Old Order , Reprint Edition, Penguin General Secretary, Jens Stoltenberg, at the Books, London, 2018 press conference preceding the April 2020 reunion of defence secretaries: “Russia Websites endorses eastern Ukraine separatists, we 5. http://aspeninstitute.ro/ notice a rise of its military presence in 6. https://fas.org/ Ukraine, and we see their naval presence in 7. https://monitorulapararii.ro/ the Black Sea. These are part of the 8. https://www.bloombergquint.com/ security challenges we are faced with. We faced them before the COVID-19 crisis and we’re facing them during this crisis and I expect they will continue to exist even once this crisis has ended. This emphasizes the fact that NATO must offer support to civilian efforts in fighting COVID-19, while at the same delivering our main responsibility, namely protecting all of our allies. That is exactly what we’re doing. We have expanded our presence in

1 US marine forces have four destroyers with Aegis weapon systems in Rota, Spain, for anti aircraft defence and for force display in the Mediterranean. There is talk about adding two more to these and carrying out maintenance operations in Spain. 2 According to the 1936 Montreux Convention, the rules governing tranzit are extremely limiting, and Turkey refused to sign the Sea Law Treaty, signed under ONU aegis, that would transfer straits to a more relaxed set of rules, basically governing any other such spread of water in the world.

24

Figure 1. Syria Areas of Influence 2020-05-13 as of January 13 , 2020 1

1 Congressional Research Service, Armed Conflict in Syria: Overview and U.S. Response, p.4, https://fas.org/sgp/crs/mideast/RL33487.pdf, (14.05.2020) 25

Vitalie GAMURARI (1) Free International University of Moldova Naif Jassim ALABDULJABBAR (2) Free International University of Moldova

COMBATING TERRORISM AND ENSURING THE REGULATORY FRAMEWORK WHICH CONSTITUTES THE „NUCLEUS” OF HUMAN RIGHTS IN THE CONTEXT OF CHALLENGES WHICH THE SECURITY FACES AT THE INTERNATIONAL AND REGIONAL LEVEL

Abstract: The impressive increase of the number of terrorist acts in different parts of the world and „internationalization” of this issue lead to diversification of the forms of combating this phenomenon, especially in the international cooperation form, as well as to the adoption of some regulatory documents which often contravene to the regulatory framework which ensures the fundamental human rights and freedoms. The adopted measures are argued by the necessity to ensure national, regional and international security, but sometimes they are directly contradictory with particular norms of imperative character from the view point of the international law. In these conditions, as mentioned in numerous reports of the institutions concerned about the human rights, it is emphasized the attempts to justify the application of different forms of torture toward the persons suspected to be involved in the acts of terrorism are emphasized. Keywords: Security; Torture; Terrorism; Fundamental rights; Treatment; Non-return; Jurisdiction. Contact E-mail: [email protected] (1) details of the E-mail: [email protected] (2) authors: Institutional affiliation of (1), (2) Free International University of Moldova, Chi șin ău the authors: Institutions (1), (2), Vlaicu Parcalab street, Chisinau, MD-2012 Republic of Moldova address: Tel.: (+373 22) 220029; Tel/Fax.: (+373 22) 220028

Introduction resolution and evolutions at the national From the very beginning we should level undertaken simultaneously revised remark the fact that the uncertainties the security systems and lead to the toward the anti-terrorism and torture adoption and revision of law as refers to measures are precedent to September 11, security, anti-terrorism fight in several 2001 attacks. At the same time, the fact states 2. which constitutes the character of reactions These evolutions made fragile the which followed after these attacks, were guarantees, protections and involved an the efforts undertaken for creating an increasing vulnerability of persons international legal regime for fighting against terrorism. Thus, as a result all the states were mandated for adopting the caused by terrorist acts , measures and anti-terrorism law in https://undocs.org/S/RES/1373(2001), (28.10.2019) 2 Philippe Bonolitti, Colombe Camus, Stephan compliance with the resolution 1373 Davidshofer et al., Le rôle des militaires dans la 1 (2001) of UN Security Council . This lutte contre le terrorisme , Centre d`études en sciences sociales de la défense, 2008, 221 p. https://www.academia.edu/2105423/Le_r%C3%B4 1 UN. Security Council. Resolution S/RES/1373 le_des_militaires_dans_la_lutte_contre_le_Terroris (2001). Threats to international peace and security me, (28.10.2019)

26 suspected as being participants to terrorism totalitarian communist regimes, but also in actions. such states as would be France, Great The truth is that this process had Britain, Italy etc., states which are also negative consequences; we especially considered as being the swing of refer to the indirect favouring of torture democracy and where the human rights are application toward the persons suspected ensured at the highest level. about terrorism. Without pretending to a new The imperative character of the element in defining torture we will try to obligation of combating torture in the describe the torture phenomenon in the context of anti-terrorism fight conditions in which it gains a special We will focus on the report which weight – armed conflicts, mass disorders, is an integral part of REDRESS project presence of totalitarian regimes etc. We with the title ”Reparation for Torture: draw attention that the regulatory Global Sharing of Expertise”, supported by framework applicable to the mentioned the European Union through the European situations differs – from the norms of the instrument for democracy and human international humanitarian law up to the rights 1. constitutional provisions of this state. We The answer of USA administration also have to remember the fact that for all after the attacks of September 11, 2001 these situations is common the obligation raised a number of uncertainties and gives to respect and to ensure the respect of the a negative example, compromising the so called ”nucleus” of human rights, absolute interdiction of torture, trying to through which is the non-admission of argue the negation of this interdiction. applying torture. This is characterized by: The level of applicability of torture • Putting into question the absolute by the state bodies mostly depends on the interdiction of torture, asking if it can be level of ”civilization” society to which is applied to persons suspected of terrorism; joined the level of tolerance of torture • Restricts the definition of torture, cases from the decision makers in each excluding the sad practice celebrated by separate situation, although at this chapter water boarding by its significance, we have particular reserves. Who could pretending that some obligations, as would suppose, for instance that the German be prohibition of return is not applied to nation, whose level of “civilization” hadn’t other cruel types of treatments; never woken doubts, would admit the Nazi • Searching to exclude the persons taken th regime in the middle of the XX century? under custody from the justice protection Another example constitutes the case of (especially in the detention centres of th the ex-Yugoslavia. At the end of the XX Guantanamo Bay); century in the centre of Europe there were • Limitation of critical position of public committed terrible crimes which can be opinion and access to justice, especially compared with those from the Middle offering confidentiality to the information Ages, characterized by religious, inter- and focusing on ensuring national security; ethnic wars, inquisition etc. Which would • Putting into operation a difficult be, for instance the arguments in case of program together with other states where massacres of Srebrenica of 1995?! That is the persons suspected of terrorism will be why this criterion cannot be a secure one. sent in order to be interrogated and Another criterion would be the ECHR jurisprudence, after its examination we can 1 La justice pour les victimes de la torture dans le find that the torture cases are committed monde. Droit, pratique et évolutions nécessaires , not only in the “new” independent states Octobre 2013, https://www.refworld.org/cgi- and those which recently got rid of bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&do cid=52fa28dd4, (28.10.2019)

27 supposed to cruel treatments, including by of justice of May 10, 2005, the authorized application of torture; treatments were distributed to three • Offering an effective impunity to the categories: persons responsible of torture acts or 1. Techniques of conditionality; acceptance of this practice 1. 2. Corrective techniques; The special report on promotion 3. Coercive techniques (123) 3. and protection of fundamental human The techniques of conditionality rights and freedoms and anti-terrorism were conceived for demonstrating to the fight described the main elements of the person under custody that he has no type of American program of return as follows: control on the basic human needs. They On 17 th of September 2001 include nudity, manipulation of diet and President Bush authorized the CIA to deprivation of sleeping. operate a secret detention program which By the corrective techniques involved the establishment of clandestine especially we speak about correction, fear detention facilities known as “black sites” or to wait another objective on getting on the territory of other States, with the results from the person under custody. collaboration of public officials in those More concretely, facial slaps or abdominal States. At about the same time he allegedly slaps and facial hold or the action of authorized the CIA to carry out attention grasps make part of these “extraordinary renditions” (the secret techniques. transfers of prisoners outside any lawful The coercive techniques put the process of extradition or expulsion) person under custody in a more stressed enabling them to be interrogated whilst in situation from the psychological and the formal custody of the public officials mental view point. These measures contain of other States, including States with a walling (projection of person before a record of using torture. At the beginning of wall), water dousing and using positions August 2002 the Justice Department's which cause mental shyness (stress Office of Legal Counsel purported to positions); these methods can in equal authorize a range of physical and mental measure be used in association with the abuse of terrorist suspects known as coercive or conditionality techniques. “enhanced interrogation techniques”. The These techniques were recognized by the Bush administration has since publicly European Committee for prevention of acknowledged the use of “water boarding” torture as „categorically leading to on “high value detainees” on the personal violations of torture interdiction and authority of the President 2. inhuman and degrading treatments” 4. In a memorandum of the Office of Meetings with 14 persons under Legal Counsel of the American department custody, called ”of great value”, had with CICR after their transfer in Guantanamo 1 Comité des droits de l'homme, Observations finales: États-Unis d'Amérique , Doc. ONU CCPR/C/USA/CO/3, 15 septembre 2006, pp. 11-21 2 Report of the Special Rapporteur on the 3 CIA, Background Paper on CIA's Combined Use promotion and protection of human rights and of Interrogation Techniques , Central Intelligence fundamental freedoms while countering terrorism , Agency, Dan Levin, Office of Legal Counsel, Ben Emmerson, «Framework Principles for Department of Justice, 30 December 2004, p. 4, securing the accountability of public officials for http://www.aclu.org/files/torturefoia/released/0824 gross or systematic human rights violations 09/olcremand/2004olc97.,pdf (28.10.2019) committed in the context of State counter-terrorism 4 Report to the Lithuanian Government on the visit initiatives», Doc. UN A/HRC/22/52, 1 March 2013, to Lithuania carried out by the European p. 15 Committee for the Prevention of Torture and https://www.ohchr.org/Documents/HRBodies/HRC Inhuman or Degrading Treatment or Punishment ouncil/RegularSession/Session22/A-HRC-22- (CPT) from 27 November to 4 December 2012, 52_en.pdf, (28.10.2019) https://rm.coe.int/1680697367, (28.10.2019)

28 Bay at the end of 2006 year, describe the This program made place to the return processes as follows: torture practices and bad treatments. The „The transfer procedure was clearly main objective of the program of return regulated in the majority of cases. The was to get information from the suspected person under custody was photographed, persons. While it was conducted, the inclusively dressed and naked before the suspected persons were humbled, badly transfer and after it. An examination of the treated and supposed for a long period to body cavity (rectal examination) was torture acts in the states where were performed and according to some persons interrogated. For instance, Maher Arar, a under custody, a suppository was Canadian engineer, specialist in administered at that moment (the type and telecommunications who was suspected as effects of those suppositories weren’t being a terrorist was ”returned” by USA, known by the persons under custody). with the participation of the intelligence Than the person under custody was forced services of Canada, Jordan and then Syria to wear a diaper and some cloths over their where he was under custody for about 1 cloths. They put headphones on their ears, year and he was supposed to long period and often put music. Their eyes were torture 2. covered by a fabric knotted around the The returns were in equal measure head and black glasses-mask. The person applied also by another states, fact which under custody was with tied hands and feet makes us to think that the American and he was transported to the air-port and practice served as a model. For instance, then he got into the plane. Generally he Kenya returned five Kenyans to Uganda was transported in a inclined position authorities. Mbugua Mureithi, a Kenyan handcuffed in front. Obviously that the lawyer and Al-Amin Kimathi, another time for transportation was varying Kenyan were arrested by the authorities of considerable and it was from 1 hour to 24 Uganda while they were searching to get or even 30 hours. In addition, the person the freedom of those five Kenyans, thus under custody had no right to go to WC, exposing themselves to an expulsion sometimes the persons under custody were procedure and one year of being under transported lying down or inclined in the custody 3. air plane and/or handcuffed in the back Accusations of complicity to part. In case they were transported in this torture were also formulated as in the case position, the persons under custody had of the behaviour of Great Britain in complaints of strong pains. In addition we Pakistan. 4 Although, it was very difficult to mention the acute mental pains, these submit the facts reported in the secret transfers to unknown places and situation which covered this subject. unforeseen detention and treatment Binyam Mohamed, an Ethiopian national conditions cause mental tensions to those who was a legal resident in Great Britain 14 persons under custody, intensifying of 1994, he was arrested in Pakistan in their sensation of disorientation and 2002, and he was saying that he was the isolation. The capacity of authorities of subject of an extraordinary return in custody bodies to transfer persons to Morocco and Afghanistan, before being important distances, in secret places and under custody in Guantanamo Bay. foreign countries, considerable increases the sufferance feeling and helplessness of 2007, persons under custody, it made them more http://www.nybooks.com/media/doc/2010/04/22/icr c-report.pdf, (28.10.2019) vulnerable to the described bad 2 1 La justice pour les victimes de la torture dans le treatments” . monde , p. 33 3 Idem 1 ICRC, Report on the Treatment of Fourteen 4 La justice pour les victimes de la torture dans le ”High Value Detainess”` in CIA Custody , 14 Feb monde , p. 33

29 Binyam Mohamed being under the risk of as by several NGO’s the national being accused of terrorism before an authorities as would be British SIAC American military commission, through (Special Immigration Appeals his lawyers submits an action in justice in Commissions), and those regional, 2008 for getting the communication held especially ECHR adopted an approach by Great Britain 1. from case to case which reflects this case, After making available of some sanctioning the expulsions applied based grounds within this action in justice long on such insurances. 4 This practice aroused and complex, the Ministry of Internal real incertitude, especially referring to the Affairs (Home Secretary) of Great Britain terms of efficacy of insurance in individual required the General Prosecutor to be cases, but in equal measure of pertinence organized the investigation about the to make appeal to such dispositions, being actions undertaken by MI 5 (British given the fact that it is about an approach intelligence service) and CIA referring to in the context of some states in which the the treatment (presumed torture) of attitude toward the torture is enough Binyam Mohamed. The British contestable. government finally was obliged to offer the The adverse effect of the measures details known about the treatment of for fighting against terrorism goes out of Binyam Mohamed, but the efforts which the mediatized affairs; especially it refers concerned the identification of responsible to proliferation of law in the issues of persons from the high commandment security and anti-terrorism fight. While, in failed due to the lack of grounds for usual way this law doesn’t explicitly initiating the criminal prosecution 2. authorize the torture and bad treatments, it In the conditions in which the frequently creates exceptions which make programs of secret return lead effectively fragile the guarantees against use of to the forced disappearance of persons torture. It especially applies to the under custody, the states looked for guarantees in the period of temporary expulsion or extradition of persons who detentions before a judge 5.Some laws, as is were suspected of terrorism to the third the law of Sri Lanka on prevention of states. This practice is a problematic one, terrorism (Prevention of Terrorism Act), because the concerned persons are also facilitated the practice of forced supposed to an inevitable risk to be confessions, imposing the task of evidence tortured in the destination states. to the defender and accepting the As a consequence, some states, as confessions made at the police office and would be the case of Great Britain and restrict other rights to defense. In many Morocco, 3 started more often to make countries as would be, Bangladesh, India, appeal to „diplomatic insurances” or Pakistan, Sudan or Syria, the official agreement protocols for preventing the representatives benefit based on laws on return cases. With these instruments, the security or anti-terrorism fight of destination states guarantees not applying immunity, fact which impedes the torture toward the returned persons and investigations 6. accept putting into operation some Considering the more global supervision mechanisms. These insurances systemic pact, the security measures and were widely criticized by the supervision bodies instituted by concluded treaty, 4 European Court of Human Rights, Case of inclusively by the International Charter of Othman (Abu Qatada) v. the United Kingdom . 17 human rights of the United States, as well January 2012, https://hudoc.echr.coe.int/eng#{%22itemid%22:[% 22001-108629%22]}, (28.10.2019) 1 Idem 5 La justice pour les victimes de la torture dans le 2 Idem monde , p. 35 3 Ibidem 6 Ibidem

30 anti-terrorism fight grants more priority to the substantive aspects. 2 At the same time, the security aspects in relation to the other cases, as would be that of Binyam individual rights, thus favouring the Mohamed of Great Britain knew a international networks which are favorable result, despite the obstacles of accomplices in applying torture, in the legal matter and the secret privilege 3. implicit or explicit manner. In the American return programs, states as Human rights in the light of the Lithuania, Poland and Romania pretended contemporary concept of the that held ”black sites” for the ”great value international security persons under custody”, Great Britain and Through the institutions with an others were offering the right of making a important role in maintaining the pass over and others as would be Libya international security, but concerned about and Syria received the suspects for the protection of human rights is OSCE. In interrogating them 1. The measures of principle this organization rediscovered legislative manner served as bad examples, itself in 1973 as a multicultural dialogue, creating exceptions and consolidating the called ”Helsinki process”, transformed in excessive control of those who depend on the Conference for security and guarantees of legal manner and of the cooperation in Europe (CSCE), thus obligation to become responsible. All these initiating cooperation in the issues of politics are argued by factor of ethical and European security. From the very religious manner of persons who woke up beginning, the Final Act of Helsinki of before a vacuum of rights as a 1975 defined one of those three fields of consequence of a series of measures. For action of the Conference – cooperation in instance, vague offences, long term the field of human rights. Thus, the action custody and lack of the second appeal. In of CSCE, transformed in 1995 in the this context, the persons under custody are organization (OSCE), provides through vulnerable before different forms of others to participate in offering help to old torture, including the positional, authorities in strengthening the observance psychological torture and degrading of human rights on its territory. In treatments through which a special role is addition, UN which provides the protection offered to religious, racial and sexual and development of observance of human offends. rights by the states in the art. 1 of the The civil society, lawyers Charter was authorized by the states with specialized in human rights and other competences sometimes being secondary actors every time denounced these in their vision Chapter VII of UN Charter practices with mixed results. The attempts when the violation of human rights is to initiate investigations in several cases classified as a „danger for peace, a were blocked, especially in USA where the violation of peace or an act of aggression”, government invoked several times the by the Security Council. This role privilege of the state secret. For instance, permitted meanwhile, in the Viennese in the case of Mohamed c. Jeffesen vision of UN to enclose in the concept of Dataplan Inc., which concerned five victims of the program of extraordinary return to CIA, initiating an action against the transportation company for its presumed involvement, application of this 2 United States Court of Appeals for the Ninth privilege transformed in a rejection even Circuit, Mohamed c. Jeffesen Dataplan Inc. September 8, before the identification or evaluation of 2010,https://www.aclu.org/cases/mohamed-et-al-v- jeppesen-dataplan-inc, (28.10.2019). 3 La justice pour les victimes de la torture dans le 1 Ibidem monde , p. 36

31 human security, the arguments will be ”Human security now”, 3 the last and the immediately presented 1. human rights are two concepts which can The approach which consists to be mutually qualified. The fact for us not make connection between the international considering that the international security security and the protection of human rights could be seen without referring to the has a historical continuity. In principle, protection of human rights; permitted integration of protection of these rights in putting the human person in the centre of the issues of security goes in parallel with the international game. In principle, as it the notion of security. Starting from the could be seen together with UN, notion of security where the accent is put considering that the human protection on the military security of the state, to a makes part of its objectives and as a definition where the main concerned consequence feeds its legal body in the persons are those who should be protected matters of texts which do not impose by the state, namely its population. participation, as would be the Universal Especially in this context it appeared the Declaration of Human Rights of 1948 or notion of human security. In principle, this texts mandatory from the legal view point, notion is more concise than that of security as would be the Treaties of 1966. in its wide meaning and it rests in a clear Thus we see several centres of manner to suppose that it considers the interest referring to security which are well-being of human person. Namely in examined in the light of human rights 1994 this notion of human security appears protection. In this chapter we can refer for in the World Report on human instance to the arms trafficking. In development, published by UNDP 2. principle, we find out that several groups Today, in the moment when UN and NGO’s for the protection and defence considers the protection of human rights in of human rights, as those who interested all the fields of activity of the organization, about the human security proposed the as a result of proposals of reforms made by same methods for fighting against arms the Secretary General of UN, Kofi Annan and arms trafficking, considering that this in 1997, it seems to be logic that one of the issue reflects both fields. The interests we objectives for which the organization was could identify referring to this subject, on established, the security comprises also the other hand is disarmament. and this issue. Even the notions of human This analysis of the notion of rights and human security have different security permits us to find out that the definitions; this fact doesn’t impede their subject of the international security cannot interaction between them. The interest of a be today analyzed without considering the relation between the human rights and protection of human rights. This protection security was expressed during the seminar is in the heart of the security objective organized in 2001 in Costa Rica by the which is put in terms, in a different way Commission on human security and as it is from that of the organizations. provided in the Report of 2003 called As it was already mentioned, in 1994 the World Report on human development published by UNDP evokes 1 Adélaïde Etong-Kamé, Marie-Pierre Djekou, for the first time the notion of human Pauline Zamia, Sécurité internationale et protection des droits de l’homme , 3 La sécurité humaine en théorie et en pratique. https://mastercarrieresinternationales.wordpress.co Application du Concept de Sécurité Humaine et m/2013/09/22/la-securite-internationale-et-la- Fonds des Nations Unies pour la Sécurité protection-des-droits-de-lhomme/ (28.10.2019) Humaine , 2 Rapport mondial sur le développement humain https://www.unocha.org/sites/dms/HSU/Publication 1994 , Economica, Paris, 1994, s%20and%20Products/Human%20Security%20Too http://hdr.undp.org/sites/default/files/hdr_1994_fr_ ls/Human%20Security%20in%20Theory%20and% complet_nostats.pdf (28.10.2019) 20Practice%20French.pdf (28.10.2019)

32 security. According to it, this concept was In the case when it applies to the integrated by a big number of international approach of human security concept, the organizations and institutions which within actions undertaken by NGO’s and its actions follow to put it into operation. international organizations which aspire to Through them we have to signal that UN is ameliorate the life conditions of persons, in the first line, especially after it seized they also participate to the sanitary about the principle of the ”responsibility to objective in its classical approaching, protect” after the report of the International while they build an environment which commission for intervention and will be not supposed to emergencies of sovereignty of states, published in 2001 frontal confrontation. Thus, it is widely and which attempted to define in a more admitted that the deep causes of crises are clear manner this principle 1. Or, we can identified in sub-development, poverty, see that it is an attempt to regulate the starvation, but in equal measure in the international system putting into operation more general issue of the rule of law. Thus, an order founded not only by the primate all the enterprises which follow the and sovereignty of the states, but in equal purpose of consolidating the democracy measure on considering the population and especially can be seen as the preventive protection of its rights. Thus, this mechanisms. This is the approach which responsibility to protect is based on the was adopted by the International totality of entities of the international Organization of Francophonie, for community, either it is about the states or instance, which introduced in an express inter-governmental or non-governmental manner its action in the mission of international organizations, each having preventing, fact which is indicated by the the possibility to have a role at each concept of the responsibility of protecting. 3 involved stage. It introduces a mission of In a general manner, we can say prevention, reaction and reconstruction, the that the development of the human security first one being essential and that where the concept which makes a large part to the majority of actors have the capacity and promotion and protection of human rights possibility to react. The purpose is the reflects the need of granting a central „elimination of deep causes and direct place, in any case in speeches, to human causes of the internal conflicts and other rights. The parallel is drawn between the crises produced by human being which well-being of population and security in endanger the populations” 2. Thus we see the future its approach. Thus, the that the relation between the protections of international organizations as would be human rights which constitutes a large NATO which in principle is focused element of human security, together with exclusively on the military issues, can the maintenance of the international register its actions in the lineage of human security is widely set. That's from this rights protection. point of view that UN fully identifies in the The issue which is put in this conditions in which the first victims of the general tendency which consists in conflict, usually are the representatives of invoking protection of human rights within the civil society. the international relations, firstly in relation to security which is concerned of putting into operation the reactive aspect of 1 CIISE, La responsabilité de protéger : Rapport de la Commission internationale de l’intervention et de la souveraineté des États , Ottawa, Décembre 3 André Cabanis, Jean-Marie Crouzatier, Ruxandra 2001, 120 p. https://idl-bnc- Ivan, Ernest-Marie Mbonda et Ciprian Mihali, La idrc.dspacedirect.org/bitstream/handle/10625/1756 responsabilité de protéger: une perspective 6/IDL-17566.pdf?sequence=6&isAllowed=y francophone , Idea Design & Print, Cluj, 2010, (28.10.2019) https://pdfs.semanticscholar.org/d42e/71d782fb9e3 2 Idem 2d35d96135d07da0187be9bc3.pdf (28.10.2019)

33 the responsibility of protecting and to these populations. For this purpose, OSCE know if it is not about an additional means reached the consolidation of a Ministry of to make playing the existent force reports Internal Affairs. Actually, in June 2012, a and following hidden interests, a principle mission of observers went in Serbia, to which no-body can oppose in an opened especially for helping regulating the issue manner. on participation to vote of Serbians of The main feature of OSCE action is Kosovo 1. As a result, there is the fear to the multidimensional approach in the see the organization of some clandestine assistance offered to the states. Thus, the polling stations, so not-controlled, pure issues of security itself and approach especially in the Northern part of Kosovo. are focused on promotion of human rights. In the opinion of these experts, OSCE is The human rights represent a topic of the only one organization which could Helsinki Conference founder of the have a role which would permit this organization created in the conditions of participation in compliance with the legal the ”cold war”. Next it was signed the rules, organizing the voting based on the Charter of Paris which institutionalizes the sample of voting system at the consulates Helsinki Conference putting into operation for expatriates. the permanent institutions, as would be the The target and impact of such a Office of Democratic institutions and procedure remains limited to the sense of human rights, so the heart of the mission absence on legal basis. These post-election being focused on the position of electoral reports come simple to influence the image observer. which can be re-sent by the nominalized Thus, becoming a member of state, so respecting the democratic rules OSCE, the states assign the political related to elections and in relation to the engagement, and in no case the legal democratic legitimacy of the winning engagement to accept electoral observers parties. For making sweet the absence of on its territory. This mission of observers legal effects, in parallel there are reunions is made for a short and long period through within the permanent Council which a report on the second day after the meanwhile is the theatre of some debates, elections, making the first appreciation of including the aspects of human dimension. its conduct, followed than by a report with recommendations on different means for Conclusion ameliorating their organization to more The situations of political transition democracy and as a consequence to a are meanwhile perceived as being the most greater respect of human rights. propitious for guaranteeing the obligation For instance, some politicians or to be liable, paying the reparations and experts make reference to Kosovo case applying the widest democratic changes. which currently, in their opinion this is the They offer to the actors of the civil society most important OSCE mission in this and other persons a unique occasion to issues. The challenge for the organization involve and to defence the mechanisms or consists in promotion of coexistence the processes which concern the between the communities and amelioration identification of causes and consequences of the dialogue between the Kosovo of torture, offer indemnities and other government and Serbian community. This forms of reparation to victims, and the mission contains in equal measure an possibility to initiate particular reforms in action of counselling for the acceptance by this field. At the same time, some of these the minorities of the state activity, but mostly it comprises a project of 1 OSCE Chair welcomes facilitation of voting in cooperation for putting into operation of a Kosovo in Serbian parliamentary, presidential rule of law – the fundamental target for elections, https://www.osce.org/cio/90173 (28.10.2019)

34 processes didn’t pay sufficient attention to provision of the national security. Or, in the specific experiences of torture, or the the context in which there are formulated multitude of actors involved can easily new directions of research in the lead to a limited understanding of the types international law, whose objective is of specific reforms necessary for the fight ensuring the interests of person, ignorance against torture more efficiently and of a such approach can be catalogued not guaranteeing the specific resources. For else than a refusal to recognize the not producing particular deficiencies of the direction of civilizing development of the past „transitional justice”, it is important society. It is certain that approaching the the complete integration of torture issues subject on international security, except the on these processes and keeping watch as aspects related to provision of fundamental the victims of torture and the persons who human rights and freedoms doesn’t action on their behalf, to have the correspond to current tendencies of necessary space for sharing their construing the international law. experience, including the mechanisms which would permit them to capitalize Bibliography their rights. Defenders of human rights use Books and Studies more and more the networks at the 1. Bonolitti, Philippe ; Camus, Colombe ; national, regional and international level Davidshofer, Stephan et al., Le rôle des for getting justice and protection in militaires dans la lutte contre le individual cases and for pleading in the terrorisme , Centre d`études en sciences favour of the more large changes sociales de la défense, 2008 concerning the re-establishment of the 2. Cabanis, André ; Crouzatier, Jean- rights of victims and prohibition of torture. Marie Ivan, Ruxandra ; Mbonda, Ernest- This includes an increased focus on the Marie; Mihali, Ciprian, La responsabilité potential of defending the cases using de protéger: une perspective francophone , submission of claims and favourable Idea Design & Print, Cluj, 2010 decisions for emphasizing the need of a deep change. Making appeal to the Reports authorities who keep watch the treaties in 3. CIA, Background Paper on CIA's the issues of human rights and studies of Combined Use of Interrogation reports of the member states prepared by Techniques , Central Intelligence Agency, the Committees of the United Nations and Dan European Court of Human Rights, the bodies established based on UN Case of Othman (Abu Qatada) v. the Charter can be means for using the United Kingdom . 17 January 2012 international courts for making a 4. CIISE, La responsabilité de protéger : diplomatic pressure on these states. The Rapport de la Commission internationale companies also have to be carefully de l’intervention et de la souveraineté des established for getting clear results and for États , Ottawa, Décembre 2001 benefiting of a space inside so that the 5. Comité des droits de l'homme, change to be effective. Observations finales: États-Unis This research permits us to find out d'Amérique , Doc. ONU that the norms which constitute the CCPR/C/USA/CO/3, 15 septembre 2006 „nucleus” of human rights are recognized 6. Etong-Kamé, Adélaïde ; Djekou, as the norms with imperative character of Marie-Pierre ; Zamia, Pauline, Sécurité international law, fact which imposes the internationale et protection des droits obligation to respect them in any de l’homme conditions, either it is about an armed conflict, or a crisis situation dictated by the

35 7. ICRC, Report on the Treatment of European Committee for the Prevention of Fourteen ”High Value Detainess”` in CIA Torture and Inhuman or Degrading Custody , 14 Feb 2007 Treatment or Punishment (CPT) from 27 8. La justice pour les victimes de la November to 4 December 2012 torture dans le monde. Droit, pratique et 14. UN. Security Council. Resolution évolutions nécessaires , Octobre 2013 S/RES/1373 (2001), Threats to 9. La sécurité humaine en théorie et en international peace and security caused by pratique. Application du Concept de terrorist acts Sécurité Humaine et Fonds des Nations 15. United States Court of Appeals for the Unies pour la Sécurité Humaine , Ninth Circuit, Mohamed C. Jeffesen 10. OSCE Chair welcomes facilitation of Dataplan Inc. September 8, 2010 voting in Kosovo in Serbian parliamentary, presidential elections Websites

11. Rapport mondial sur le développement 17. http://hdr.undp.org/ humain 1994 , Economica, Paris,1994 18. http://www.aclu.org/

12. Report of the Special Rapporteur on 19. https://hudoc.echr.coe.int the promotion and protection of human 20. https://idl-bnc-idrc.dspacedirect.org/ rights and fundamental freedoms while 21. https://rm.coe.int/ countering terrorism , Ben Emmerson,

”Framework Principles for securing the 22. https://undocs.org/ accountability of public officials for gross 23. https://www.aclu.org/ or systematic human rights violations 24. https://www.ohchr.org/ committed in the context of State counter- 25. https://www.osce.org/ terrorism initiatives”, Doc. UN 26. https://www.refworld.org A/HRC/22/52, 1 March 2013 27. https://www.unocha.org 13. Report to the Lithuanian Government on the visit to Lithuania carried out by the

36

Vitalie SÎLI University of Political and Economic Studies ”C. Stere”, Chisinau

HYBRID THREATS: MODERN PERCEPTION AND TACTICS

Abstract: The article " Hybrid threats: modern perception and tactics" addresses the issues of hybrid threats which directly affect European security, especially in the South-East European countries, including the Republic of Moldova and Romania. In these countries, hybrid threats affect both security and national interests and destabilize the political system in general. Carried out by external actors with geostrategic interests in the region, the tools of hybrid attacks are often national politicians with double standards or organizations, which undermine the democratic values of society. The author argues that the effects of globalization, pandemic, hyper connectivity and digitization have greatly amplified the effectiveness of hybrid threats, which is the reason for a strong necessity to encourage further studies of new forms and tactics of this phenomenon. Keywords: Hybrid threats; Hybrid war; Hybrid interference; Security challenges; Disinformation Contact details of the authors: E-mail: [email protected]

Institutional University of Political and Economic Studies ”C. Stere” affiliation of the authors: Institutions Ştefan cel Mare şi Sfânt Boulevard 200 address: MD-2004, Chisinau, Republic of Moldova Website: https://uspee.md E-mail: [email protected]

At international and national levels, Today hybrid threats directly affect there is currently an ongoing battle against European security, focusing especially in hybrid threats. Specialists in various fields the South-East European countries, are trying to find viable solutions in the including Republic of Moldova and process of combating this phenomenon, Romania. In these countries, hybrid threats which obviously affects all areas of a state. affect both security and national interests Asymmetrical threats, including and destabilize the political system in hybrid threats are on the agenda of post- general. Carried out by external actors with Cold War era. If hybrid threats were a geostrategic interests in the region, the characteristic of the Cold War, then today, tools of hybrid attacks are often national when the multipolar world is increasingly politicians with double standards interests pronounced in its pursuit of supremacy, or institutions, which undermine the there are some which take a more severe democratic values of society. form in addition to these one. Historical The basic purpose of hybrid threats events, such as the emergence of ISIS and is to weaken social cohesion in society, to the annexation of Crimea, show that hybrid form political instability, to increase threats have entered a new stage. These are mistrust among state citizens, to radicalize the hybrid wars that are difficult to detect. vulnerable members of society, to create Behind the hybrid threats, there are the worry and panic in the social environment. state’s intelligence institutes. The main mechanisms of hybrid threats are fake news, cyber-attacks, and

37 misinformation campaigns. There is no three formulated by the EU (2015-2018) doubt that today hybrid threats have and four by NATO (2010-2018) 3. Based penetrated into various areas of the global on those definitions, it has extrapolated an social system, using economic, political, overarching characterization, describing military, cultural, cyber, media tools. hybrid threats as follows: ”Coordinated The means of attacking the enemy and synchronized action that deliberately have a political, informational, targets democratic states’ and institutions’ psychological and economic character. systemic vulnerabilities, through a wide These methods allow achieving the range of means. The activities exploit the necessary results – to cause political, thresholds of detection and attribution as economic and territorial damage to the well as the different interfaces (war-peace, adversary, to disorder the state and internal-external, local-state, national- administrative system, to demoralize the international, friend-enemy). The aim of society 1. the activity is to influence different forms In the current context of the of decision-making at the local (regional), multiple security challenges facing the state, or institutional level to favour and/or international community, the in-depth gain the agent’s strategic goals while study of the phenomenon of hybrid threats undermining and/or hurting the target” 4. is a priority for security theory and Hybrid threats are used by both practice. Although for some the term state and non-state actors, representing “hybrid threat” is unclear and imprecise, subversive and restrictive activities. The the studies on this term have a multi main purpose of a hybrid attack is that the aspectual character in the literature. object exposed to the attack does not Many scholars and analysts contest realize who is the author of hybrid threats. the utility of the ‘hybrid’ label, criticizing This represent a problem not only for it for conveying little that is new, or for states, but also for the European Union being imprecise or outright misleading. entirely. That is why the EU is working The way we label developments in hard to strengthen its capacity to respond international security is not merely an to hybrid threats from outside. The biggest academic issue, but it will affect how hybrid threats in the EU are those related policy-makers understand and deal with to political destabilization and critical security challenges, with potentially far- infrastructure, especially the energy sector. reaching repercussions for interstate Although different EU structures use a relations 2. wide range of indicators on early warning To facilitate a basic common of hybrid threats, there is still no a EU- understanding of the concept of hybrid wide Strategy to Combat Hybrid Threats. threats, the European Centre of Excellence On December 10, 2019, the Council of for countering hybrid threats (HybridCoE), Europe adopted a series of conclusions established in Helsinki in 2017, has studied setting out priorities and guidelines for EU around 40 different definitions including cooperation in combating hybrid threats and improving resilience to such threats. The European Council recognizes the 1 Svetlana Cebotari, Războiul hibrid. Unele considera ţiuni , in ”Revista Militar ă”, No. 1 (13), progress made on the implementation of 2015, p. 27 the Joint Framework on Countering Hybrid 2 Mikael Wigell, Hybrid Interference as a Wedge Strategy: A Theory of External Interference in Liberal Democracy , in ”International Affairs”, vol. 3 Hanna Smith, Countering hybrid threats , in ”The 95, No. 2 (2019), pp. 255 -256, EU and NATO. The essential partners, EU Institute https://www.researchgate.net/publication/33095762 for Security Studies”, 2019, p. 14 3_Hybrid_Interference_as_a_Wedge_Strategy_A_ https://www.iss.europa.eu/sites/default/files/EUISS Theory_of_External_Interference_in_Liberal_Dem Files/EU%20and%20NATO.pdf(21.03.2020). ocracy, (26.05.2020) 4 Ibidem, p. 15

38 Threats (2016) and the Joint maintenance potential, of intelligence Communication on Increasing Resilience resources in order to gain supremacy; the and Bolstering Capabilities to Address use of terror and military violence in order Hybrid Threats (2018) as well as the to destroy the rule of law; non-military Action Plan against Disinformation (2018), operations, other than war; the in line with the relevant Council development of transboundary crime Conclusions. The European Council networks affecting national security; emphasizes the EU’s commitment to human trafficking (ISIS = sexual slaves, continue close and mutual reinforcing Ukraine = prisoners exchange); blocking cooperation and support to all relevant the capital market (setting up BRICS bank, partner countries, in particular in the EU Chinese stock exchange gambling); neighborhood, on enhancing resilience and encouragement of corrupt governments countering hybrid threats 1. (social and economic effects); cyber Referring to the classic conflict, the attacks - bank frauds, identity theft, hybrid model is a dynamic interaction damage to government and military between hard power elements (military structures, population disruption; force consolidation, deployment of activation and support actions of pro- military forces and capabilities in conflict Russian NGOs and social environment in zones, financing separatist movements, states considered vectors by Russian destabilization and undermining security of Intelligence structures; infiltration of ISIS a state or region); and soft power (through controlled migration) and Russian (maintaining an economic or energy agents (via business); maintaining frozen dependency, applying economic sanctions, conflicts; maintaining instability in Iraq, running propaganda campaigns, Afghanistan, Syria, Lebanon and Palestine; misinforming and influencing, cyber political and religious fanaticism, attacks, etc.). obstruction, repression; political diversion, Hybrid actions represent violence segregation, fragmentation of states 2. manifests in new forms, such as a skilled The hybrid nature of the new use of asymmetric and asynchronous security threats must be seen on two levels: fighting methods, proven to be successful organizational level, when the situation in other conflicts/ areas; the use of top and conditions require it and the level of technologies (IT, drones, etc.) that can give methods and means, when the involved unanticipated circumstantial advantages to actors use both conventional and non- the players relying on conventional conventional means, pursuing the goal of military power; the use of the initiative, achieving success. limited objectives, special The methods of hybrid threats are communications, known field objectives, implemented through non-military tactics sufficient time to prepare and deploy such as propaganda, disinformation, combat positions; the use of civilian sabotage, subliminal manipulation etc. As resources and industrial-technical a rule, hybrid attacks are carried out by objectives, of weapons of mass states, but others also become eligible as destruction, special operations munitions they have the technological capabilities and forces; the use of subversion and combined terrorism; the use of the advanced command/control, training, and

1 Complementary efforts to enhance resilience and counter hybrid threats - Council Conclusions (10 2 Vasile Simileanu, Războiul hibrid: abordare December 2019) conceptual ă, http://irim.md/wp- https://data.consilium.europa.eu/doc/document/ST- content/uploads/2018/07/3-Simileanu.pdf 14972-2019-INIT/en/pdf, (26.05.2020) (22.03.2020)

39 and financial resources needed to carry out N. Fraier presents the following threats, extremely complex cyber attacks 1. which represent a part of the hybrid war - The superior form of manifestation non-standard terrorist attacks, the use of of hybrid threats is the hybrid war, and the new technologies superior to military light one, but not less dangerous for equipment 3. national security is hybrid interference. In Three bundles of instruments are a geopolitical context, "hybrid war" is a central to hybrid interference: clandestine new concept, especially used in the field of diplomacy, geo-economics and special forces operations, which combines disinformation. Clandestine diplomacy is a the practice of harsh resistance with threats form of covert action that involves to international security with the lessons fostering counter-elites and cultivating learned from the struggle against local subversive organizations to create extremism of state or non-state origin. disarray in the targeted country. It can take "Hybrid war" is driven both by forces that the form of backing radical or secessionist tend to weaken or overthrow government political parties, supporting proxies and within a state or area, and by external other agents of influence, as well as forces. The actions of the latter aim at nurturing protest movements 4. supporting and converting the followers The most well-known tool of for a possible operative support, the impact hybrid war is propaganda through which it on the economy and the social sphere, the is intended to intoxicate public opinion, coordination of diplomatic efforts, and change perceptions, misinform and, certain protest actions. To this end, special respectively, modify human behavior. forces, research forces, criminal groups, Disinformation is an encompassing information and psychological influence category, covering various forms of on the masses, the use of the whole range information influence operations, whose of technological innovations are involved 2. vast reach and penetration are enhanced by Specifics of a hybrid war is that the the use of modern media technology. fight is not for the territories, but for the Disinformation campaigns are designed to minds and attitudes of the citizens of other provoke public discontent and create an states, and the means of combat are very aura of distrust. There are two types of sophisticated. A hybrid war is a disinformation: the inner type, as a lie confrontation between states, in which one presented as truth and the superior type in of these states tries to subordinate itself to which the object of manipulation is the other by various means: economic, determined to build itself a informational, historical memory. It is a misrepresentation 5. Disinformation implies war in which military actions are not a dissimilarity of the real sources and priority, but only as a catalyst. purposes, by a deformed representation or From a political-military point of by a tendentious change of reality 6. view, hybrid warfare can combine a wide There are twelve professional ways range of actions, executed by the opponent of disinformation: denial of facts if the with the use of military and irregular units public had no way of confirming what with a simultaneous involvement of civilian components. A researcher at the 3 Ibidem, p. 27 Center for Strategic International Studies, 4 Mikael Wigell. Democratic Deterrence. How to Dissuade Hybrid Interference . FIIA working paper, September, 2019, p. 5, https://www.fiia.fi/wp- 1 Război hibrid și atacuri cibernetice , content/uploads/2019/09/wp110_democratic- https://intelligence.sri.ro/razboi-hibrid-si-atacuri- deterrence.pdf, (12.02.2020) cibernetice/, (22.03.2020) 5 Vladimir Volkoff, Dezinformarea arm ă de r ăzboi , 2 Svetlana Cebotari, Războiul hybrid. Unele Incitatus, Bucure şti, 2000, p.5 considera ţiuni , in ”Revista militar ă”, No. 1 (13), 6 Henri-Pierre Cathala, Epoca dezinform ării, Antet, 2015, p. 25 Bucure şti, 1995, p.17

40 actually happened, we can simply deny; level is one of the major priorities in reversal of facts that are simply declared; preventing and combating hybrid threats the mix between truth and falsehood with by detecting, investigating and tracking various titles; changing circumstances; timely cyber connections, used hybrid modification of the reason; blurring which threat techniques and possible links to consists in drowning the real facts in the other forms of criminal activity. mass of other facts without any connection Due to the geostrategic interests of with them, preferably more capable of other states, in the Republic of Moldova causing public interest; camouflage that hybrid threats are more pronounced. The communicates the facts in the smallest Moldavian authorities established on details; interpretation represents the facts January 31, 2019 the Working Group for that are not denied, modified, blurred or the Development of the Interinstitutional camouflaged and that can be presented and Mechanism on Combating Hybrid Threats. commented in a favourable or The maintenance of each state’s unfavourable way; the generalization is national security is based on the creation of used to show that you are not the only one an inter-institutional framework, in such a situation; illustration is used to compliance with international rules and move from individual to general (the active involvement in the management of behavior of several people); equal parts are hybrid threats. Hybrid threats are taking on practiced in the last phase of a new form, involving the widespread use misinformation, when the public opinion of political, economic and information has already become predominantly measures. In order to combat them, the favourable to the disinformation; quantity efforts of the state authorities are aimed at plays a decisive role in misinformation 1. strengthening the capacities to combat Hybrid threats are aimed at the these threats through new and improved vulnerabilities of the adversary, when technologies that can provide unforeseen complex state and non-state actors are circumstantial advantages over hybrid applied to those states or institutions that actors. are considered as adversaries. Cybercrime, espionage, Hybrid threats are a danger to the propaganda, diversion and exploitation of state security and have a very complex excessive amount of personal data through structure, with a direct involvement of electronic communication networks are intelligence services which conduct used as basic tools at all stages of integrated and controlled hybrid actions. designing a hybrid threat security and calls That’s why measures to combat hybrid for a collective and regulated response threats must be complex, involving both based on coordinated mechanisms and state institutions and civil society. actions for the implementation of policies Combating measures must include national in the field, technical and legal assistance hybrid anti-threat policies, increasing from the perspective of security citizens' security education by raising imperatives, oriented towards creating a awareness of these dangers, implementing favourable and safe information various media campaigns and national environment for the citizens, for the projects to expose the dangers of hybrid business environment at any level and for threats. the state 2. The development of close collaboration at regional and international

2 Strategia securit ății informa ționale a Republicii 1 Diana Bencheci, Puterea politic ă şi ordinea Moldova pentru anii 2019–2024 și a Planului de social ă în perioada de tranzi ţie: manifest ări şi ac țiuni pentru implementarea acesteia. Hot ărîrea interdependen ţe (cazul Republicii Moldova), CEP Guvernului Nr. 257 din 22.11.2018, in: Monitorul USM, Chisinau, 2003, p. 118 Oficial No. 13-21 art. 80 din 18.01.2019

41 It is important that public mobilization of large groups of people (the institutions with competences in the field so-called Twitter revolution). of information security encourage and The system of measures for the promote official sources, penalize sites that annihilation of hybrid threats must promote hybrid threats, and delete comprise three directions: prevention provocative materials that could harm (application of measures that would help to citizens and the state. avoid certain effects in the context in The evolution of information which the truthfulness of the sources of technology and the diversification of hybrid threats are unknown); detection media sources, on the one hand, create (identification of the presence of hybrid favourable premises for the proper threats in different domains of social functioning of contemporary society, and, system); answers to threats (actions that on the other hand, facilitate the use of could be considered and solutions for propaganda and media aggression by similar situations in the future). subversive centers in order to destabilize In conclusion, we should mention the socio-political situation and undermine that hybrid threats are not new. But due to the sovereignty, independence and the increasing influence of the digital territorial integrity of the Republic of world, globalization and the effects of self- Moldova. Hybrid security threat is a isolation on the strength of pandemic, subversive and intelligence operation, hybrid threats reach their peak of conducted or placed under the command of effectiveness. This is the reason for a states, non-state entities, organizations, strong necessity to encourage further individuals, which specifically targets the studies of new forms and tactics of this weaknesses and vulnerabilities of a phenomenon. sovereign, independent and honest government 1. Bibliography Not only state institutions are actively involved in combating hybrid Books and Studies threats, but also civil society. Thus, for 1. Bencheci, Diana, Puterea politic ă şi example, the Institute for the Prevention of ordinea social ă în perioada de tranzi ţie: Hybrid Threats, a non-governmental manifest ări şi interdependen ţe (cazul organization created in July 2019 whose Republicii Moldova), CEP USM, Chisinau, purpose is to prevent and combat false 2003 news, misinformation and propaganda in 2. Cathala, Henri-Pierre, Epoca Moldova, launched at the same time as the dezinform ării, Editura Antet, Bucure şti, Center for Prevention and Combating 1995 Hybrid Threats. 3. Cebotari, Svetlana, Războiul hibrid. It’s important to note that hybrid Unele considera ţiuni , in ”Revista threats have already overtaken the testing Militar ă”, No. 1 (13), 2015 of their effects in achieving their goals. 4. Volkoff, Vladimir, Dezinformarea arm ă Cybernetic space is widely used for de r ăzboi , Editura Incitatus, Bucure şti, various purposes. As major aspects of our 2000 interest, we particularly want to note the manipulation of public opinion, formation Documents of a way of dissimulated perceiving events, 1. Complementary efforts to enhance interference in political life, and resilience and counter hybrid threats - Council Conclusions (10 December 2019)

1 Concep ţia securit ăţ ii informa ţionale a Republicii 5. Concep ţia securit ăţ ii informa ţionale a Moldova . Legea Nr. 299 din 21.12.2017, in: Republicii Moldova . Legea Nr. 299 din Monitorul Oficial Nr. 48-57 art. 122 din 16.02.2018.

42 21.12.201, in: Monitorul Oficial No. 48-57 art. 122 din 16.02.2018 6. Strategia securit ății informa ționale a Republicii Moldova pentru anii 2019–2024 și a Planului de ac țiuni pentru implementarea acesteia . Hot ărîrea Guvernului No. 257 din 22.11.2018, in: Monitorul Oficial No. 13-21 art. 80 din 18.01.2019

Websites 7. https://www.fiia.fi/ 8. http://irim.md/ 9. https://intelligence.sri.ro/ 10. www.iss.europa.eu/sites/ 11. www.researchgate.net/

43 ROMANIAN NATIONAL SECURITY

Tănase TIBERIU (1) The Romanian American University, Romania Violeta Ioana NAGÂ Ț (2) ”Mihai Viteazul” National Intelligence Academy, Bucharest, Romania

HOW ECONOMIC INTELLIGENCE IS SECURING THE NATIONAL SECURITY

Abstract: This article brings into discussion the way in which globalization becomes increasingly complex and the economic competitiveness has reached a level never found in history, and why an adaptive reaction from the state is required. Achieving the state's economic security objectives is dependent on its ability to integrate into global and regional structures. The strategic process that allows it to adapt in the geo-economic space is the economic intelligence. History proves it fully. The great global powers have adapted, in their own particular way, the competitive intelligence, and their well-being and power are the fruit of the efficiency of the implementation of these processes. Competitive intelligence has helped Japan recover after World War II, it has also helped France become a great colonial power,while the United States maintains and extends its power globally. Keywords: Economic competitiveness; Globalization; Economic intelligence; History; Competitive intelligence; Global power Contact E-mail: [email protected] (1) details of the E-mail: [email protected] (2) authors: Institutional The Romanian American University, Romania (1) affiliation of ”Mihai Viteazul” National Intelligence Academy, Bucharest, Romania (2) the authors: Institutions Bd. Expozitiei, No. 1B, Sector 1, cod 012101 address: Bucuresti – Romania (1) Adress: Şoseaua Od ăi No. 20, sector 1, Bucure şti Fax: 0377721125

Of all those mentioned, the Introduction economic aspect of security is the one The concept of security is offering support in accomplishing the other constantly evolving and is updated by the aspects. Lack of a strong economy renders realities of an era. Several interacting it impossible to sustain a military force and dimensions of security can be currently manage integration in a global context. identified. Among the most important, we Romania’s National Defence Strategy can identify the following: economic, defines, from an economic standpoint, the political, military, social, environmental, following two national security objectives: juridicial etc. 1. “insuring a top of the line economic environment and financial and budgetary

1 Constantin Onisor, Veronica Mihalache, Introduction to Security Issues , Publishing House of the National Academy of Information ”Mihai Viteazul”, Bucharest, 2011, p. 125 44 stability (...) promoting economic interests • Influence Strategies (companies can, to in strategically relevant regions” 1. some degree, influence the environment) 5. It is also stated, on the Romanian Geo economy is a concept Intelligence Department’s website that an launched by Edward Nicolae Luttwak, in important aspect in security policy is “an „The National Interest” journal, where he important, top of the line and competitive defines its general characteristics: economy” 2. Economy is seen in the replacing military means with economic context of globalization and is subject to ones, as inner-state confrontation tools. He risks, given the highly competitive envisions replacing the influence of environment and a continuous military forces of an area with a product’s readjustment to market signals. The main performance 6. Geo-economy focuses on a objective is protecting macro(economic) material or economic within a certain area decision mechanisms. or territory. Geopolitics defines the power map, Separating concepts namely how various actors carry out their From a state standpoint, economic politics of interest within a territory. It is in security is defined by the CSIS 3 (Centre this context that a new term emerged, for Strategic and International Studies) as describing the new method of action, follows: namely ”soft power”. This term, created by • Maintaining conditions leading to John Nye, describes the ability of higher productivity, improved capital and successfully carrying out strategies, based labour, which subsequently lead to a on voluntary participation instead of higher living standard for people; military coercion 7. Geo-strategy offers the • Ensuring a dynamic, innovative strategic scenario for reaching geo- business environment; economic goals. • Protecting local and foreign investment Globalization is the framework in setting; which economic actors relate with each • Securing economic growth. other in various areas. With globalization, According to the IISSI 4 (Institute for the traditional concept of sovereignty is Advanced Studies in Internal Security, gone, being replaced with new forms of France) the specific effects of economic shared, articulated or common sovereignty. intelligence are: Globalization leads to new opportunities, • Economic performance (dissemination as well as identifying new risks. The document, also known as “Carayon of economic information valuable for 8 companies); Report” highlights a few of the effects of • Transforming the state (knowing the business environment); 5 Laurence Affres et al, What Place for Public • Local development (organizing highly Power , in ”Business and Economic Intelligence”, specialized networks of companies); Institute of Higher Internal Security Studies, 2003, p. 232 6 Edward N. Luttwak, The Endangered American 1Presidential Administration, Guide to the National Dream: “How to Stop the United States from Defense Strategy , 2015 , Becoming a Third World Country and How to Win http://old.presidency.ro/static/Ghid%20SNApT_20 the Geo-Economic Struggle for Industrial 15-2019_AP.pdf,(10.02.2020) Supremacy Sept. 1994 , Paperback, September 7, 2http ://www.sri.ro/securitate-economica.html, 1994 (15.02.2020) 7 Joseph S. Nye, Soft Power: The Means To Success 3 Center for Strategic and International Studies- In World Politics , Paperback - April 26, 2005, p. 72 https //www.csis.org/ (07.03.2020). 8 Bernard Carayon, ” Economic Intelligence” , 4Institute for Advanced Studies in Internal Security Competitiveness and Social Cohesion,p 432 (France), https://books.google.ro/books?id=nuiRDwAAQBA https://data.bnf.fr/en/12155703/institut_des_hautes J&pg=PT36&lpg=PT36&dq=Bernard+Carayon,+E _etudes_de_la_securite_interieure_france / conomic+Intelligence,+Competitiveness+and+Soci

45 globalization, noticeable in various areas: information, results dissemination and economic, political and social, in the feedback. context of an increased inter-state Planning is the stage of interdependence and the emergence of new establishing objectives, the necessary data actors, new power centres (regional blocks, and defining deadlines, assigning teams non-government organizations etc. and task managers, as well as the financial and logistic budgets. This is the stage Economic Intelligence where the following questions should be Economic Intelligence is the answered: “What must the beneficiaries nervous system operating on all three know?”, “What do they know based on the levels: geo-economic, geopolitical and issue under research?”, “Why must they geo-strategic. It defends both tangible know?”, “When must they find out the assets (the economy of natural resources) requested information?”, “What decisions as well as temporary intangible assets and actions are to be taken once the (patents, trademarks, intellectual property) necessary data is disseminated?” and, a or permanent intangible assets. 1 very important question: “What are the Some of its characteristics are: beneficiary's losses if the required or • Timely identification of opportunities needed information is not obtained?” occurred in the geopolitical space, the market, including identifying and Collection and assessment capitalizing the weaknesses of actors Economic intelligence is the competing against us, nervous system of information, and it • Identifying from an early stage all involves gathering the data established threats from geo-economic actors, with during the previous stage. This is the stage regards to our own plans and decisions when information is also assessed. There is • Identifying global and local risks, as also an initial processing of information, well as preventing surprises making it available for analysis. What • Predicting global or regional economic matters is not data quantity, but its quality, events which is essential for an efficient analysis. • Predicting the behaviour of allied and Data collection demands a high volume of opposing actors, in short, medium and long work. These past years, there has been a significant increase of collected term Economic Intelligence focuses on 2 action, and to this end it supplies information, due to internet development . information helping beneficiaries in Challenges arise from processing making their decisions. It, thus, offers massive quantities of data and verifying alternative scenarios, supporting decisions their validity. Huge effort was made in makers in view of strategy creation. building automatic data gathering It is a systematic process, abiding platforms, that extract entities and the by the stages of classic intelligence: relations between them, duly mapping the planning and directing, collection and data for complex algorithm processing. assessment, analysis and processing of Analysis and processing is the stage where the data gathered on actors, al+Cohesion,+2003&source=bl&ots=RSyyFnyD3e the market and relations in economic &sig=ACfU3U0Z6BLLqVKCdPj_3NoedSr1bWY intelligence is transformed. While the F7A&hl=ro&sa=X&ved=2ahUKEwiJmvWC6Lvp AhVliIsKHeNcAREQ6AEwAXoECAsQAQ#v=on epage&q=Bernard%20Carayon%2C%20Economic 2 Roy Godson, Ernest R. May, Gary Schmitt %20Intelligence%2C%20Competitiveness%20and (eds.), SUA Intelligence at the Crossroads: %20Social%20Cohesion%2C. Agendas for Reform, DC: National Strategy 1 Loredana Ivan, French Economic Intelligence Information Center Inc., Washington, 1995, System, in ”Romanian Journal of Intelligence https://www.tandfonline.com/doi/abs/10.1080/0268 Studies”, No. 14/2015, p. 145 4520701770634 (20.05.2020)

46 collection stage implied a high work superficial analysis and have an important volume, analysis is intensive, implying impact on economic processes. significant knowledge and abilities. Japan used economic intelligence Disseminating the analytic product for its economic reconstruction after World comprises delivering the analytic product War II, becoming one of the greatest to the decision maker or beneficiary. economic powers. MITI (The Ministry of Dissemination is carried out depending on International Trade and Industry) 4 The the data, access level and responsibilities. Ministry of International Trade and There is a wide range of beneficiaries, Industry was the institution responsible for depending on the country and the carrying out economic intelligence specific economic intelligence model, and they can activities. be state rulers, ministers and decision Geopolitics analysis is a products makers within ministries, private of economic intelligence that must address companies ( USA, Japan, China) 1. the following key questions: ● Who are the actors and which are the Why do we need economic intelligence? power relationships? First of all, correct and timely data ● What are the actors’ interests? is required in defending national economic ● Which strategy do actors use in interests, supporting the decision-making achieving their interests? process and implementing strategies. ● How do actors justify their own Second, competition is a different actions? process. According to former DGSE Generally, actors from a (The General Directorate for External geopolitical space are states, or interstate Security)2 - director, Pierre Marion, from a groups, that interact economically, geo economic standpoint (with regards to culturally and ideologically. In order for an interests), we are competitors, not allies, entity to be considered an actor, it is despite the fact that from a military necessary that there is a vital interest in standpoint states are allies, and obtaining that entity within the space, and for it to economic information from an ally is not hold a certain degree of influence inconsistent with being an ally. France is (military, economic, cultural etc). It is by the first country to develop an efficient and means of these two elements, interest and primary economic intelligence system, power, that the actor is connected to a based on data gathering networks of geopolitical space. economic information and developing Actors who have the capacity of internal structures for economic support 3. making their power felt and who manifest Economic war involves actions that intent of using it within a region, become are generally unpredictable, invisible for a geo-strategic players. The most important aspect is to establish allies, current and potential enemies, the conditions for 1 Ibidem, pp. 110-112 forming alliances and how to set off enemy 2 The General Directorate for External threats. Which is why, their intents and Security (French: Direction générale de la sécurité motivations, as well as relationships and extérieure, DGSE) is France's external intelligence agency. The French equivalent to the United various alliances between various actors Kingdom's MI6 and the United States' CIA, the are being analysed. DGSE operates under the direction of the French Ministry of Defence and works alongside its domestic counterpart, the DGSI (General Directorate for Internal Security), in providing 4 The Ministry of International Trade and Industry, intelligence and safeguarding French national https://ec.europa.eu/growth/tools- security. databases/regional-innovation- 3 Valentyn Levytskyi, Economic Intelligence of the monitor/organisation/ministry-industry-and-trade-, Modern State , 2001, p. 542 (07.03.2020)

47 Instead of a conclusion known. The government, as well as the In the context of an increasingly academic environment must be more complex globalisation and an engaged, through the effort of the unprecedented economic competition, the Romanian Academy, the economic state must have an adaptive reaction. research institutes, Mihai Viteazu Achieving objectives of economic security Intelligence Academy and Romanian of a state depends on its capacity to Universities. We emphasize the need for integrate with the global and regional cooperation between state and private structures. The strategic process enabling universities, to help and grow the efforts of adaptation to a geo-economic space is these two professors, by creating the economic intelligence. There are plenty of Economic Intelligence System and, by examples of this throughout history. The following the French or American great global powers adapted competitive example, invest in training and intelligence their own way, and their development. wealth and power is the result of an Of course, the Romanian state has efficient implementation of such processes. very little control over what is left of Competitive intelligence helped rebuild national industry and natural resources- a Japan after World War II, helped France paramount currency for the global become a great colonial power, the United geopolitical economy. Consequently, there States in maintaining and expanding its is no economic intelligence culture in power globally, so it can, of course, help Romania, rather a group, which means Romania, too. there is still a long way to go until the It takes the activity of state and concepts and knowledge of the pioneers government specialized institutions, for an and mainly their endeavours are accepted economically intelligent system to work, by the political decision makers. such as the National Security Council, and Moreover, in Romania, strategies not Defence one, then the intelligence and action plans are not cohesive: hence, at communities’ bodies of management for national level we find the European information requests for coordination, as strategy, but the national strategy is barely well as national and department visible in regional strategies and the intelligence services. Economic information gets seriously lost before intelligence is, of course, one of the main reaching sustainable development elements of strategic intelligence 1. strategies locally. Even worse, upon a brief But unfortunately, after1989,in analysis, it becomes obvious that there are Romania,there were no talks for a national four or five styles of strategic models, economic intelligence system.The first depending on the areas- actions in this area were taken only a few energy/economy/local years ago,through the efforts of some development/communication. Most of the specialists, among whom we refer to time, these are generally multiplied for Marian Sebe and Gabriel Sebe. It is each field, without even adapting them. remarkable that these two professors Every four years, we find the same strategy carried out studies and researched this present in an administration’s portfolio, re- field, building the foundation of a edited, depending on the available budget, postgraduate learning program., which without starting with a professional wasn’t, however publicized nor well analysis and moving downward to establishing investment and development priorities. 1 Marian Sebe, Governmental and Private Intelligence for Competitiveness and National In Romania there are roughly four Security, National Academy of Information million employed people, more than half Publishing House, ”Mihai Viteazul” Bucharest, earning the average gross wage and 2009, p. 289

48 taxation is also high. Romania also has a Bibliography subsistence agriculture, with the exception of a few large companies who leased state Books and Studies lands through APIA or investors, mainly 1. Affres, Laurence et al, Business and Italian, who have already bought lands, Economic Intelligence: What Place for including at the borders! Public Power?, Institute of Higher Romania also has a large number of Internal Security Studies, Ministry of retired people, and this number will only Defence, Spain, 2003 go up, considering the fact that the last 2. Carayon, Bernard, Economic people born after the 1966 decree ( n.trad. Intelligence, Competitiveness and Social a decree which outlawed abortion and Cohesion , La Documentation Française, contraceptives) will retire in roughly 40 Paris 2003 years 1. There are a few Romanian 3. Godson, Roy; May, Ernest R.; Schmitt, educational elites, but the state apparently Gary, SUA Intelligence at the Crossroads: forgot to take care of the large mass of Agendas for Reform , DC: National students or pupils, and this is noticeable in Strategy Information Center Inc., the skills acquired by many graduates and Washington, 1995 the high number of functional illiterates. 4. Ivan, Loredana, French Economic In Romania, however, incomes are 1 to 5, Intelligence System , in RRSI, no. 14/2015 for the same level of training, in 5. Levytskyi, Valentyn, Economic comparison, for example, with England. Intelligence of the Modern State , Dudley Romania is seriously behind other EU Knox Library, Monterey,CaliforniaUSA, developed countries, it is not a strong 2001 economy and has lost many advantages, 6. Luttwak, Edward N., The Endangered through various arguable privatizations, as American Dream: How to Stop the United 2 one can see nowadays . But there is still States from Becoming a Third World room for change. Moreover, few know the Country and How to Win the Geo- real value of a well used information, including by the decision makers. And this Economic Struggle for Industrial is paramount, especially during a crisis or Supremacy , Paperback - September 7, security threatening situations, among 1994 which is the one against health security, 7. Luttwak, Edward, Nicolae, The during a pandemic. endangered American dream , Touchstone, A collective approach, where the New York, 1994 government aims at protecting and 8. Nye, Joseph S., Soft Power: The building national industries (“national Means To Success , in ”World Politics by champions”), participate directly in the Paperback”, April 26, 2005 market and, at the same time, supply 9. Oni șor, Constantin; Mihalache, information and extensive services to the Veronica, Introduction to Security Issues, private sector, through formal and standard “Mihai Viteazul” National Intelligence channels- this could be a possibility, if we Academy Publishing House, Bucharest, were to have a powerful state. Another 2011 possible solution, given the respective lack 10. Sebe, Marian, Governmental and of national strategy, would be an increased Private Intelligence for Competitiveness complementarity between the public and and National Security , National Academy private sectors, making them equal in the of Information Publishing House, ”Mihai EI supplying process. Viteazul”, Bucharest, 2009

1 Ibidem, pp. 320-321 2 Marian Sebe, Op. cit., p. 234

49 Websites 11. http://old.presidency.ro/ 12. http://www.sri.ro/ 13. https://www.csis.or

50 Andreea Roxana OLTEANU National University of Political Studies and Public Administration

30 YEARS OF TRANSFORMATION AND RECONSTRUCTION. THE SECURITY OF ROMANIA IN THE POST-COMMUNIST ERA

Abstract: In 2020, Romania celebrates 30 years since the establishment of the first contacts with NATO and three decades since the creation of its first post- communist security institutions. If the year of 1989 is one of breakup from the communist regime, the evolution of 1990 represents, therefore, the first steps for resetting most of the areas of state functioning, including the issues related to national security. The purpose of this paper is to provide a short glimpse into Romania’s security situation in 1990, in order to reveal the progress of the 30 years of mutations and reform, and to highlight that there are areas that need further improvement and lessons to be learnt. In relation to the recent past, the study operates with three concepts: understanding (the path), consolidating (the objectives already achieved) and improving (the vulnerable areas of transformation). Keywords: Romania; NATO; Transition to democracy; Security sector reform; 1990

Contact details of the authors: E-mail: [email protected]

Institutional affiliation of the National University of Political Studies and Public Administration authors: Institutions Expozi ției Blvd., No. 30 A, Sector 1, Bucharest address: Phone: +40 372 249 772, Website: http://snspa.ro/

Introduction These transformations were In 2019, Romania celebrated 30 accompanied, in the field of security, with years since the communist political regime a reorientation of Romania’s security has been overthrown and 15 years since relations and the renewal of its connections the country joined NATO. The year of with the West, as well as with the resetting 1989 had been a moment of breakup from of the entire internal establishment the past. However, the revolutionary responsible for security. Due to the events events only drafted the conditions, and not in 1989 and to some of the measures necessarily the measures for the change to adopted in 1990, Romania turns, this year, take place. It was only the year of 1990 three decades since its first direct contacts that brought the real entrance into with NATO and since the creation of its democracy and the solid, concrete steps in first post-communist security institutions. this direction. The purpose of this paper is to The organization of the first free provide a brief overview of Romania's elections, the reconstitution of the relations security situation in 1990, to underline the between the governors and the citizens, a progress of the 30 years of post-communist free media or the transition from a transformation of this sphere, and to point centralized economy to the rules of the out the issues that, after three decades of market economy were only the most changes and mutations, still require reform important changes of the period that or intervention. In order to do that, the followed the moment of December 1989. article addresses the recent past through

51 the filter of three actions: understanding From the membership to the Warsaw (the zero point of change, the course of the Pact, to joining NATO transformation, the causal relations), In 1989, just like other nations in consolidating (the positive aspects built in the region, Romania made its first steps on the 30 years of post-communist history) the road to democracy, after almost 50 and improving (the problematic issues that years of totalitarianism. Central and are still pending for solutions). Eastern Europe begun, at that time, a The study has no purpose in complex process of reconfiguration - in providing a comprehensive analysis of the political terms, the communist regimes events in 1990 and in the years that were removed, through round table followed. It intends, however, to provide a transitions or, in the case of Romania, short glimpse into the fundamental through revolution; economically, the moments that built Romania’s security as it transition from centralized to market is nowadays, with its full range of positive economy had also begun. At the same elements and areas that need further time, with the end of the Cold War, the improvement. security situation of the actors in the region In the research, by recent past we has undergone consistent changes. will refer, with predilection, to the period Consistent with the spirit of after 1989, while the concept of security cooperation of the period, it was in 1990 sector covers all the Romanian institutions when the West reopened relations to the with responsibilities in the field of countries in Central and Eastern Europe, security, as defined by the law 1 - the even though the Warsaw Pact and USSR Ministry of Defence, the Ministry of were still vivid. For the first time in the Interior and the Ministry of Justice, as well post-communist period, high rank officials as the intelligence services of the country 2. from France, Germany or the United States The paper draws on various visited the former communist states, while resources, from news and discourses the new leaders in the region travelled, in released in 1990, to a small number of return, to Washington. Vaclav Havel was documents declassified in the recent years. one of the first politicians in the region Except for the introductory part and the who had a direct dialogue to the president concluding remarks, the study is composed of the United States, in February 1990, of two parts: an analysis of the external some of the key issues on the agenda changes in terms of security that took place covering the security situation of in 1990 and in the following years and an Czechoslovakia and the cooperation, in overview of the internal reset of the this area, to the American agencies 3. Even security sector. more, in the first part of 1990, the Polish and Czechoslovak foreign ministers visited NATO, suggesting, just as an allied communique pointed out, that a continent divided for four decades it was searching 1The concept of security sector (and its corollary, the concept of security sector reform ) gained importance, on the academic agenda, especially in the 1980 s and 1990 s. The perspectives on its content 3Memorandum of conversation between Vaclav are heterogeneous - while some approaches favor Havel and George Bush in Washington , solely the institutional expression of the security Washington, 20 th of February, 1990, National sector, others include within it the coordination and Security Archive, Washington, 2017, control bodies, the paramilitary organizations and https://nsarchive2.gwu.edu//dc.html?doc=4325688- the civil society. Document-12-1-Memorandum-of-conversation- 2Romanian Parliament, Law no. 51/1991 , between, (13.10.2019). Vaclav Havel concretely Bucharest, 29 th of July 1991, art. 6, asked, for instance, for cooperation between the http://legislatie.just.ro/Public/DetaliiDocument/151 intelligence agencies in Czechoslovakia and their 7, (08.05.2020) counterparts in America.

52 for new patterns and structures of the summit. In the spirit of cooperation that cooperation 1. dominated the end of the Cold War, A further step in this direction NATO’s proposals were welcomed by came in the summer of 1990, when in Soviet leader, Mikhail Gorbachev, who Turnberry, Scotland, the NATO member even stated that the bipolar confrontation states' foreign ministers announced, in the was about to be surpassed without final statement of the meeting, not only implying with the concepts of winner and that the Alliance was going to withstand loser 5. and that the Conference for Security and In this external context, dominated, Cooperation in Europe (CSCE) was to be on the one hand, by NATO's interest in one of the pillars of European security, but establishing cooperative relations with also that the reforms in Central and Eastern Central and Eastern Europe and, on the Europe were of a crucial importance for other, by the Soviet openness towards the security of the continent and that developing constructive relations with the NATO was not ignoring them. The Alliance, Romania, who was still a Alliance was emphasizing: member of the Warsaw Treaty, accepted The continued progress of these the invitation to visit NATO and to states towards becoming democratic and establish permanent diplomatic relations economically prosperous partners with the Alliance. Just 10 days after cooperating with us will be an important NATO’s Secretary General Manfred element in the future security and stability Worner had presented to Mikhail of Europe 2. Gorbachev the conclusions of the meeting A month later, in July 1990, Heads in London (and just two weeks after the of State and Government of the Allied final declaration of the heads of state and countries, meeting in London, released a government in the UK's capital was historical final communique, that released), the Romanian prime minister, underlined NATO’s intention to extend the Petre Roman, invited Manfred Worner to hand of friendship to the former visit Romania. In the same letter, communist countries 3. The Alliance also Bucharest expressed its interest to send an invited them to a joint statement ambassador to NATO 6. This intention concerning the profound transformation of came to fruition in October 1990, when the their dialogue. Moreover, the leadership of Romanian ambassador to Belgium was the former communist countries was authorized to represent Romania's interests invited to visit NATO, as well as to in relation to the Alliance. establish permanent diplomatic links with One of the first missions he had to the Alliance 4. fulfil in this capacity was to organize the NATO’s decisions in London were visit of Prime Minister Petre Roman to presented to the Soviet Union during the NATO, on the 23 rd of October 1990. The visit of the Secretary-General of the presence of the Romanian prime minister Alliance to Moscow, just one week after to the headquarters of the Alliance was the first high level interaction with NATO, the Romanian official being received by 1North Atlantic Council, Final Communiqué , Turnberry, 7 th -8th of June, 1990, https://www.nato.int/docu/comm/49- 5Serge Schmemann, Evolution in Europe; 95/c900608a.htm, (12.10.2019) Gorbachev meets with NATO's Chief , in ”The New 2 Idem York Times”, New York, 15 th of July, 1990, 3The North Atlantic Council, London Declaration https://www.nytimes.com/1990/07/15/world/evoluti on a Transformed North Atlantic Alliance , , on-in-europe-gorbachev-meets-with-nato-s- London, 5 th -6th of July, 1990, chief.html, (13.10.2019) https://www.nato.int/docu/comm/49- 6 Mihail Ionescu, România – NATO. Cronologie 95/c900706a.htm, (12.10.2019) 1989 – 2004 , Editura Militar ă, Bucharest, 2004, p. 4 Idem 46

53 Manfred Worner and addressing to the It was the first meeting of a representatives of the 16 member countries completely new political leadership, in of the organization 1. The interaction with which the member states were no longer NATO, unprecedented up to that time (and represented by their communist leaders, difficult to imagine less than a year but by a political elite engaged in the before), thus benefited not only from a first democratic transformation of the countries impulse of openness but from a permanent of origin. Less connected to the Soviet channel of dialogue and a first high level sensibilities and objectives, and responsive political step in the direction of to the transformation of security relations cooperation. The visit of Prime Minister on the continent, the political leaders of the Petre Roman was followed, in the next states of Central and Eastern Europe have months of 1990, by the trips to NATO of questioned, in the summer of 1990, the other Romanian officials, such as the Vice preservation of the Warsaw Treaty. While President of the Senate, Oliviu Gherman, Poland or Czechoslovakia called for its re- or the Chief of the General Staff, General evaluation, even suggesting that it is not a Vasile Ionel 2. timeless 3 alliance, the Hungarian Prime Those progresses were followed, in Minister, Jozsef Antall, described the 1991, by the creation of the North Atlantic organization, for the Western media, as Cooperation Council, which provided a outdated and poorly adapted to the post- structured framework of dialogue between Cold War transformations 4. NATO and the former communist The meeting in Moscow did not tip countries. At the same time, the Alliance the balance either in favour of the Soviet created the first mechanisms to support the point of view, according to which the transformation of the security sectors of Warsaw Treaty was to be maintained 5, and those states (e.g. launching the Rose-Roth and neither in favour of the disaggregation initiative, which was aimed at preparing of the organization. However, this last the political elite and the civil society in option became possible, the member states Central and Eastern Europe to exercise a deciding, a few months away, in Prague, to real democratic control over the security disband the alliance. sector). In a positive sense, the reduction of The opening of NATO was, the Soviet role in the former communist however, in 1990, only a facet of the space was equivalent, for the countries in transformation of the European security the region, to the chance to formulate system. In Central and Eastern Europe, the independent security options. Moreover, traditional guarantees and security block thinking, which had dominated the arrangements were about to dissipate, with continent for almost half a century, was the dissolution of the Warsaw Pact. replaced by cooperation and the possibility Although its break-up was made official in to reconnect Central and Eastern European 1991, in the summer of 1990, the first signs in this direction were already present. Thus, almost simultaneously with the 3Ioan Mircea Pa șcu, Note de la consf ătuirea NATO meeting in Turnberry, after which Comitetului Politic Consultativ al Tratatului de la Var șovia , Moscow, 7 th of June, 1990, p. 16, in Ioan the Alliance transmitted the first sign of Mircea PA ȘCU, Jurnal de... front, Editura RAO, openness towards the former communist Bucharest, 2010, p. 124 states, a parallel meeting took place in 4Michael Dobbs, Warsaw Pact Summit Urges Transformation, in ”The Washington Post”, Moscow, reuniting the leadership of the th Warsaw Treaty member states. Washington, 8 of June, 1990 https://www.washingtonpost.com/archive/politics/1 990/06/08/warsaw-pact-summit-urges- transformation/b10d5f07-03a6-4f2c-8de0- 1 Idem 9d80133e1b61/, (14.09.2019) 2Mihail Ionescu, Op.cit., p. 48 5Ioan Mircea Pa șcu, Op.cit. , pp. 99-102

54 states to the Western progress and that the member states of NATO and the prosperity, while several international organization did not intend to extend the commitments enhanced trust between alliance eastwards, but they did not even states and attenuated the spiral of consider, at that time, this concrete insecurity (e.g. CFE Treaty). However, possibility. In 1990, some American once the Soviet pressure vanished and the agencies evaluated, for instance, that the structures that had kept in balance, for a question of the enlargement should not half of century, the situation in Central and even be on the agenda 3. Even two years Eastern Europe, were also disbanded, the later, when Poland, Hungary and region became a fertile arena for new Czechoslovakia pushed for bilateral security problems. Dominated by security agreements with NATO and, challenges extended from the eruption of lately, for membership, Manfred Worner, nationalisms and the remaking of the the General Secretary of the Alliance, was existent borders, to the increase of threats still reassuring the Russian president at that such as migration and organized crime, the time, Boris Yeltsin, that NATO expansion new regional security context was was unlikely 4. uncertain and unstable. While Western It was only when CSCE failed to Europe benefited from the security respond to the high expectations umbrella provided by NATO or by the concerning the security of its members Western European Union and maintained (with its consensual decision-making its stable and integrated character, the processes and uncertain provisions and former communist space went through instruments of intervention) that the massive fragmentation processes and interest for enlarging NATO came up as a internal clashes 1. real option. Romania found itself, in the The road to NATO was a long one, beginning of the 1990s, with no security Romania joining the Alliance only in 2004, guarantees (due to the dissolution of the 15 years after the collapse of communism, Warsaw Treaty and to the early stage of its while the full integration required even relations to NATO), caught between two more time. The interim period was not areas of instability (Balkans and only one of preparation for membership, Transnistria), managing poor relations with but also one of concrete efforts to improve Hungary, with internal problems and, regional dialogue, to overcome the fragility moreover, internationally isolated 2. in the foreign relations and to ensure the Bucharest did not benefit of the confidence minimal conditions of security, in a of the former allies in Central and Eastern turbulent space and in times of massive Europe, as a consequence of the external change. To quote a CIA report from 1994, position promoted during the communist which is analyzed the situation of period, nor of the full support of the Romania, Bucharest was, during the Western partners, due to the negative international image of the state and to the 3The United States Department of State, mistrust in its democratic progress. Memorandum to National Security Council: NATO The opening of relations with Strategy Review Paper for October 29 Discussion , Washington, 25 th of October, 1990, p. 1, NATO was a significant progress for the https://nsarchive2.gwu.edu//dc.html?doc=4325705- perspectives on its security, but not a direct Document-27-James-F-Dobbins-State-Department, contribution to it or an immediate help. (26.10.2019) The opening of the relations in 1990 did 4National Security Archive, Memorandum to Boris not concern NATO expansion. Not only Yeltsin from Russian Supreme Soviet delegation to NATO HQs , Bruxelles, 3 rd of July, 1991, Washington, 2017, p. 2, 1Ioan Mircea Pa șcu, Bătălia pentru NATO. Raport https://assets.documentcloud.org/documents/43257 personal , RAO, Bucharest, 2014, p. 22 08/Document-30-Memorandum-to-Boris-Yeltsin- 2 Ibidem, p. 26 from.pdf, (19.10.2019)

55 transition to democracy, in the situation of security situation, compared not only to the seeking security and overcoming year of 1990, but to any other period in the isolation 1. However, the difficult security national history. situation was overcome by consistent As for Romania’s position in the efforts, by assuming the costs of region, the last 30 years brought transformation, through national consensus improvement in the relations to the on the major security objectives, neighbouring countries and a significant dynamism in external action and readiness progress in building Romania‘s profile of a to negotiate. stable and secure partner of dialogue. The Folding up after the decisions at the accession to NATO required the NATO summit in Madrid, bearing the amelioration of the relations to Hungary or financial and social costs of transforming Ukraine (that were fragile in the first part the Army and aligning it with NATO of the 1990s), that turned to be an standards, participating with military imperative for joining the Alliance. The personnel in theatres of operations, military relations to Hungary even got so agreeing to the conditions of bilateral good that the two countries established, in treaties with the neighbouring states or the 1990s, a common military battalion 2. making delicate foreign policy decisions Bucharest decreased tensions in relation to (as in the case of supporting the Budapest, signed bilateral treaties with intervention in Kosovo, in 1999) required most of the countries in the region, vision and effort and finally played a major continued to promote peace and stability, role for NATO accession. became involved in most of the If only a few progresses in the last cooperation formats concerning the Black 30 years were to be highlighted, they Sea area, the Balkans or Central and would be that Romania moved from Eastern Europe and even advanced its own international isolation and the absence of multilateral initiatives of cooperation. any real partnership in the field of security Even further, Romania was concretely to becoming a NATO member and involved in finding solutions for the developing a reliable security dialogue to security problems in the region and in countries such as USA, Germany or Great ensuring the framework for settling down Britain. The willingness to support the the conflicts in its neighbourhood. For initiatives of the Alliance, the participation instance, Bucharest deployed forces for the in international missions under its auspices IFOR and SFOR, in Bosnia, for the or in support of its partners (Afghanistan, operation ALBA, in Albania, under Italian Iraq), providing significant components for leadership, and supported the NATO the allied activity or inputs relevant for intervention in the Balkans, in 1999. NATO’s credibility and performance (for Turning attention to the 30 years of instance, through the national cyber transformation of its external dimension of protection capabilities) or the interest for security, Romania is obliged to understand fulfilling the fundamental criteria arising and consolidate. The three decades of from membership, such as the allocation of relations to NATO do not only reveal a 2 percent of GDP for defence, had credited concrete progress, but also remind the Romania as a reliable partner, contributed efforts involved for attaining the current to strengthening its relations in the field of security situation. They further highlight, if security and significantly improved its necessary, not only how much Romania should appreciate its membership to NATO, but also how much Bucharest 1Central Intelligence Agency, Romania: Overcoming Isolation, Seeking Security , Washington, 7 th of July, 1994, 2Mihai Romulus V ădean, Rela ţiile româno-ungare https://www.cia.gov/library/readingroom/document în contextul integr ării în structurile europene şi /0005657431, (29.02.2020) euroatlantice: 1989-2010 , Lumen, Ia și, 2011, p. 90

56 should exploit the opportunities offered by to the citizens, a hyper-centralized and it and how active and engaged we should massive security apparatus, as well as a be in supporting the cohesion and heavy reliance on intruding methods and a performance of the Alliance. poor relation to the citizens. At the same At the same time, the current time, the security sector reflected the needs security of Central and Eastern Europe of the Communist leadership, such as to partially relies on the evolution in the secure the political regime and to protect 1990s (disarmament, borders, peace talks, the presidential family or to provide security guarantees or frozen conflicts). In valuable insights for the national economy. order to perform a significant role in the Those features were no longer suited region, Romania must have a clear view on within democracy. For these reasons, after the recent history, map the causal relations the events of 1989, a massive reset of the and adapt to them. The occasional activity of the security sector was required. disharmonious episodes in the region do This materialized in the dissolution, in not constitute unprecedented moment, nor December 1989, of the former Department the most acute bilateral tensions. Even in of State Security and the reorganization, the difficult dialogues, the last 30 years since 1990, of the entire security sector. have created enough space for cooperation, In February 1990, the first new formed the specific channels of dialogue entities in charge of the intelligence field that can be accessed to de-escalate were set up. Thus, within the Ministry of tensions, and laid the foundations for Interior, a departmental information common security interests that can be structure was created, while the External exploited to overcome problematic Information Centre, which functioned situations. before 1989, within the (disbanded) On the external component of Department of State Security, became an security, Romania must understand and independent, self-governing institution, consolidate - understand and internalize which became, by the end of 1990, the the efforts already made, value the current Foreign Intelligence Service. In progress, consolidate the goals achieved May 1990, a Special Guard and Protocol and use the opportunities and the Unit was also established, later becoming favourable context of security, which did the Protection and Guard Service. Finally, not exist 30 years ago, when the in March 1990, the Romanian Intelligence membership to NATO and the current Service was also set up, amidst the internal regional relations were barely imagined. turmoil and the need to create a structure that would provide the necessary The security sector - Resetting and knowledge for the decision makers and a rebuilding solid protection of the national interests, on Except for the international democratic basis. A new network of mutations concerning security, 1990 and institutions responsible to national security the 30 years that followed were also a time was, therefore, created in the first moths of of internal change and reform. The current 1990. architecture of the Romanian security As for the institutions with sector was rebuilt in the 1990s, most of the responsibilities related to national security institutions that are currently responsible in which continued to function after 1990, this area celebrating, in 2020, 30 years of there were also changes. Thus, in the case existence. of the Ministry of Defence and the The most relevant features of the Ministry of Interior, in 1990, new pre-1989 security sector consisted of a low operating laws were issued, which laid the demarcation from politics, the lack of foundations for the democratic activity of transparency and accountability in relation the two bodies. At the same time, there

57 were also new delimitations of tasks and others, in front of the Central Committee responsibilities. For instance, the of the Communist Party). At the same administration of the penitentiaries time, the politico-ideological training of entered, from October 1990, on the the staff was removed from the curricula responsibility of the Ministry of Justice, and the military publications were no the Ministry of Interior delimiting itself by longer censored by a superior, political this component of activity. authority. The tasks that exceeded the core Apart from these transformations, missions of the security sector (such as in 1990, new mechanisms of coordination using the workforce of its people within of the security sector were also created. agriculture, as it happened before 1989) The Supreme Defense Council of the were ousted, while the relation to civil Country was, thus, established, and it also society was redrafted, in order to reflect received a law of operation in December the principles of accountability and 1990. transparency. The new security establishment In order to enhance this relation, was put under financial and legal control the new security establishment created and under the democratic control of the reliable communication channels to the Parliament. The decision of the citizens. Within the Ministry of Defence, Government no. 631 from May 1990 the military mass media, that was established, for instance, that the financial subordinated, before 1989, to the Direction activity of the Romanian Intelligence for Culture and Propaganda from the Service was controlled by the Ministry of Superior Political Council of the Army, Finance, by the Ministry of Economy and had been abolished and replaced by new by the National Bank 1. Even though the communication mechanisms. Thus, in first permanent parliamentary commission 1991 it was created a new Section for aimed to control an intelligence service Information and Public Relations of the was only established in 1993, the Army, directly coordinated by the minister Romanian Intelligence Service presented and aimed to facilitate the relation to the to the Parliament its first report of activity citizens 2. The Romanian Intelligence in November 1990. The minister of Service also created an office for letters Defence and the minister of Interior also and audiences (that received more than 500 responded in front of the legislative body, letters and petitions from the citizens, only not necessarily in the same manner as the in the first half of year of functioning) and heads of the intelligence services, but in designated a spokesman 3. their quality of members of the The year of 1990 did not bring government. perfect democratic mechanisms or an The new institutional establishment activity that was, from the beginning, in the field of security concerned devoid of slips. Some of the newly significantly more institutions than before established entities have undergone, in the 1989 and came up with a completely new years that followed, continuous reform perspective on their tasks and processes, their staff continued to contain, subordination. One of the most relevant despite the renewal efforts, employees improvements concerned depoliticization recruited before 1989, the legislation and the fact that the security sector was no concerning national security was longer responsible in relation to any political party (by comparison, before 2 1989, the minister of Defence or the Rădu ț Bîlbîie , The Professionalization of Public Relations in the Romanian Army, in ”International minister of Interior responded, among Conference Knowledge Based Organization. Conference Proceedings”, Vol. 22, No.2, 2016, p. 1 Iulian Diculescu (coord.), SRI Monograph , RAO, 402 Bucharest, 2015 , p. 94 3 Iulian Diculescu, Op. cit., p. 95

58 completed gradually, public trust shape of the strategic planning or the continued for a long time to be fractured increase of the horizontal coordination by negative, public events, while the between the institutions in the security consolidation of the control mechanisms sector have been significantly improved took place over time (e.g. the creation of a along time. parliamentary control committee on the Romania has begun its path to SRI took place it was not until 1993, a democracy with a military doctrine of the national security strategy was approved in war of the entire people, about 300.000 Parliament only in 1999, while some people under arms (both professionals and institutions, such as the Foreign conscription-based recruits) and almost no Intelligence Service, received their own openness for external military cooperation. operating law only in the late 1990s). The Czechoslovak experience in 1968 and However, unlike in 1989, at the end the poor military relations to USSR made of 1990, a new institutional arrangement the country reluctant both to host and to was already working in the field of participate into foreign military exercises security, relying upon new principles of within the Warsaw Pact, while the functioning and aimed at improving its deployment of the army outside borders activity, on democratic foundations. was denied by law. There were no Most of the current features of the interoperable capabilities or procedures to security sector - whether they concern the the Western partners, almost no common institutional density, the polarization of standards for training, and even almost no activity or the level of horizontal channels of communication. The security cooperation between institutions - have sector benefited of an ambivalent trust their origins in the way the institutional from the citizens and it had no experience architecture (roles, responsibilities, sharing in working under democratic conditions, of tasks between institutions, mechanisms while the strategic documents aimed at of cooperation, forms of coordination and shaping its activity occurred with control) were designed in 1990. difficulty. Looking back at the situation in In 2020, Romania has 1990 and to the 30 years of transformation, approximately the same national security progress is certain, even if there are still institutions as in 1990. Much of the issues to be improved. legislation in this field was also issued in On the internal dimension of 1990 or in the immediately following security, Romania needs to understand, to years. The mechanisms of democratic improve and to intervene – to understand control, although significantly improved the progress and the road behind and to along time, were also drafted in the first appreciate the previous efforts – a balanced year after the collapse of the communist view on the recent past is perhaps the most regime. 1990 left many unresolved issues. appropriate approach, understanding not However, change could only occur only that the post-communist history has gradually, linked to the interaction with been marked by multiple positive NATO, with the maturation of Romanian elements, but also that the shortcomings democracy or with the transformations in should become lessons learnt; to improve the security environment. the good things created in the last 30 years, Topics related to the renewal of the such as interoperability with NATO, the personnel that had been active before performance of the armed forces or the 1989, the Western model of reforming the democratic control over the security sector; Ministry of Defence, the demilitarization and to intervene where challenges are still of certain bodies within the Ministry of present or where they were only partially Interior, the appointment of a civilian approached (as in the case of the non- leadership of the security institutions, the homogenous public trust towards the

59 security sector or the under-developed Internationally isolated, without reliable security culture of the citizens). partnerships and cooperation concerning security, part of a collective security Concluding remarks. 1990 versus 2020 arrangement that was about to collapse and In 2019, Romania celebrated 30 relying on the performance of its newly years since the communist political regime established security institutions, Romania has been overthrown. While 1989 was a has started, in 1990, a process of turning point for the beginnings of restructuring its entire security framework. democracy and the zero moment for the Rebuilding the security mechanisms reconfiguration of the entire political, abroad and at home was an intrinsic part of economic and social life of the country, and precondition for the consolidation of 1990 came up as a time when the door the democratic regime. The two key opened to democracy was actually processes of this transformation, that took accessed, with its entire spectrum of place in the first months after the anti- benefits and difficulties raised by the communist revolution, consisted in the transitional processes. The network of opening of relations with NATO and the institutions, the premises on which the Euro-Atlantic community and the relations between the political elite and reconfiguration of the activity of the society were redrafted, the renewal of the internal security sector. economy or of the foreign policy begun in Comparing the security situation of the first months that followed to the events the country in 1990 and 2020, the images in December 1989. of the two moments are profoundly Despite the positive change, different. The transformation of the Romania started its journey to democracy security situation of Romania in the last under harsh conditions, with an intricate three decades covered a drastic mutation in external situation and under the impact of the participation into international security numerous internal difficulties. Quoting two arrangements, a consistent redraw of the sources contemporary to the beginnings of profile in the region, a major structural the Romanian post-communist history, reform of the security sector, the We were practically alone, with no resettlement of this area on democratic security guarantees, in a context dominated foundations, as well as a continuous effort by radical transformations, with obvious or to detach from the communist past. In potential dangers on our borders, while the 2020, Romania is a member of NATO, it is capacity of the country to generate part of most of the regional cooperation (economic and military) power was formats, it has improved its relations with naturally diminished by to the transitional neighbouring states and it has formed a period that we had to cope with 1. credible profile of security exporter. At the same time, the country had Domestically, the security sector was also fragile foreign relations. Just as an article gradually reset, change encompassing a in the New York Times pointed out in 1990, new institutional framework, a decrease in for its foreign counterparts, who could the number of people under arms, the provide help in the matters of security, demilitarization of certain areas of activity, Romania was not a credible state 2. a new concept on training, a reviewed strategic planning or even different equipment, norms or day by day activities. 1 Ioan Mircea Pa șcu, Op. cit ., p. 26 2 A brief analysis of Romania’s Steven Greenhouse, The World; Romania Isn't security situation in the 30 th year of its Trusted, Within Or Without , in ”The New York Times”, New York, 29 th of July, 1990, security institutions and after 30 years of https://www.nytimes.com/1990/07/29/weekinrevie relations to NATO shows that the country w/the-world-romania-isn-t-trusted-within-or- made a significant progress. Given the without.html, (12.09.2019)

60 profound change, there may be a improvement should permanently remain, temptation to consider the transforming therefore, on the agenda. process completed and to perceive no further reasons to analyze the past. And, Bibliography yet, there are still lessons to be learnt. Looking back at the zero point of the Documents transformation process and remembering 1. Central Intelligence Agency, Romania: the landmarks of change are useful for at Overcoming Isolation, Seeking Security , least three inter-related reasons: for a better Washington, 7 th of July 1994 understanding of the current security 2. National Security Archive, situation and its causes, for supporting the Memorandum of conversation between progress and reinforcing the goals Vaclav Havel and George Bush in achieved in time and for improving the Washington, Washington, February 20, areas that were not sufficiently 1990, Washington, 2017 approached. 3. National Security Archive, If only a few lessons from the last Memorandum to Boris Yeltsin from 30 years were to be highlighted, they Russian Supreme Soviet delegation to would be that no real progress - whether it NATO HQs , Bruxelles, 3 rd of July, 1991, was about achieving the membership to Washington, 2017 NATO or enhancing dialogue with the 4. Pa șcu, Ioan Mircea, Note de la states in the region - emerged without real consf ătuirea Comitetului Politic internal and external efforts, that the Consultativ al Tratatului de la Var șovia, existence of a national consensus was one Moscow, 7 th of June 1990 of the most important assets for achieving 5. Romanian Parliament, Final the major security objectives, that the Communique , North Atlantic Council, formation of a credible international Turnberry, 7 th – 8th of June, 1990 profile has always been based on real 6. The North Atlantic Council, London contributions to ensuring international Declaration on A Transformed North security, but also that the themes that kept Atlantic Alliance , London, 5 th – 6th of July, pending for solutions produced negative 1990 effects, delaying the evolution towards a 7. The United States Department of State, better security situation. Memorandum to National Security In order to appreciate the benefits Council: NATO Strategy Review Paper for of the current security situation and to October 29 Discussion , Washington, 25 th value the stability and security that of October, 1990 Romania now enjoys, to avoid putting 8. Law no. 51/1991 , Bucharest, 29 th of aside the achieved goals, instead of July 1991 improving them, but also in order to understand the unresolved issues and their Books causes, the return to the recent past will 12. Diculescu, Iulian (coord.), SRI always be an useful and necessary source Monograph , Editura RAO, Bucharest, of knowledge. The 30 years of change 2015 were certainly positive for Romania's 13. Ionescu, Mihail, România – NATO. security situation. However, despite the Cronologie 1989 – 2004 , Editura Militar ă, benefits of the security umbrella provided Bucharest, 2004 by NATO and the performance of an 14. Pa șcu, Ioan, Mircea, Jurnal de… front, experienced security sector, neither the Editura RAO, Bucharest, 2010 challenges have been exhausted, nor is 15. Pa șcu, Ioan, Mircea, Bătălia pentru security a permanent asset. Update and NATO. Raport personal , Editura RAO, Bucharest, 2014

61 16. Vădean, Mihai, Romulus, Rela ţiile româno-ungare în contextul integr ării în structurile europene şi euroatlantice: 1989-2010 , Editura Lumen, Ia și, 2011

Studies 17. Bîlbîie, R ădu ț, The Professionalization of Public Relations in the Romanian Army, in ”International Conference Knowledge Based Organization. Conference Proceedings”, Vol. 22, No.2, 2016

Press articles 18. Dobbs, Michael, Warsaw Pact Summit Urges Transformation, in ”The Washington Post”, Washington, 8 th of June, 1990 19. Greenhouse, Steven, The World; Romania Isn't Trusted, Within or Without , in ”The New York Times”, New York, 29 th of July, 1990 20. Schmemann, Serge, Evolution in Europe; Gorbachev meets with NATO's Chief , in ”The New York Times”, New York, 15 th of July, 1990

Websites 21. https://nsarchive2.gwu.edu/ 22. https://www.cia.gov/ 23. https://www.nato.int/ 24. https://www.nytimes.com/ 25. https://www.washingtonpost.com/ 26. http://legislatie.just.ro

62

Violeta Ioana NAGÂ Ț ”Mihai Viteazul” National Intelligence Academy, Bucharest, Romania

DANGERS OF CORRUPTION IN THE NATIONAL DEFENCE STRATEGY – WHY A MORE EFFICENT APPROACH IS NEEDED?

Abstract: Corruption has existed since ancient times, the proof being the term’s Latin origins (corruptio-onis). It was assimilated in Romanian through French, basically expressing inappropriate, immoral behaviour of public servants. Throughout centuries, an unstable geographic and historical environment, as well as violent and inefficient political systems generated acts and deeds of corruption that lead to initiatives, concerns and prevention actions and countermeasures, including means of legal regulations. Periods of crisis have especially experienced a weaker state authority, a degraded standard of living, altering of moral judgement, lack of efficient control leverages, lesser confidence in social institutions and values, a lack of cohesion between the law and the economic and social realities. Acts of corruption, that have been a part of public servants’ activity, result from violating human rights, freedom of speech and action, depending on social need. Keywords: Corruption; Phenomenon; Concepts; Fraud; Illegal act Contact details of the authors: E-mail: [email protected]

Institutional ”Mihai Viteazul” National Intelligence Academy, Bucharest, Romania affiliation of the authors: Institutions Adress : Şoseaua Od ăi nr. 20, sector 1, Bucure şti address: Fax : 0377721125 ; E-mail : [email protected]

Corruption was generally assessed Romania’s experience in the last decade, as an ideology or supporting act, which as well as other Central and Eastern lead to different perceptions from the European countries’, proves that most anti- public opinion. In certain historical corruption actions mainly materialized as periods, the giving and receiving of goods punitive measures, the effect being far by public servants was deemed as natural, from the one expected. a professional courtesy. In Romania, for Corruption is a threat to example, during the Fanariot era, democracy, the rule of law, social equality backshees were not illegal, just morally and justice, eroding the basics of an frowned upon. efficient administration, undermining The issue of corruption resurfaced market economy and endangering the with the transition to democracy and the stability of state bodies. This is why the rule of law, and Romania’s adhering to the fight against this phenomenon must be EU. carried out by competent legal authorities, The phenomenon of corruption is with the support of civic society, without still a widespread problem, affecting hindrance, so that nobody may be several aspects of society, like health, perceived as being above the law. In this education, public acquisitions, assigning context, preventing acts of corruption, by infrastructure contracts and the citizen’s monitoring conflicts of interest and relationship with local authorities. incompatibilities, as well as controlling

63 illegally made fortunes, must become the or client interests influencing legislative pillars of any such strategy. Adopting the initiatives) and political parties correct measures in preventing (inappropriate financing of their activity “corruption” requires knowing its actual and the election campaigns, as well as an spread, complexity, triggering mechanisms inefficient control on sources of financing and resulting consequences. and spending of resources) are particularly The complexity and ever vulnerable to this form of corruption. changing shape this phenomenon takes, Administrative corruption (some together with globalization tendencies, analysts call it ”agency corruption”) – make it necessary to create and elaborate represents the moral degradation of public appropriate strategies, tackling, in a servants and it refers to: scientific and systematic manner, facts • offering and taking bribes, influence generating criminal acts and the effects of peddling, fraud, granting authorizations for criminality and offer efficient instruments private entrepreneurs, assigning lands for for social prevention and control. constructions, buildings and spaces for private companies, sending manpower Various types and forms of corruption abroad etc; Corruption can come in various • unilateral abuses of government 1 forms and types - material or symbolic , officials; depending on the nature of the affected • embezzlement; social areas, the degree of manifestation, • nepotism or abuse connecting a person the frequency/scope, the perception on from public service to one in a private how serious the acts and deeds generating service; them are, as well as the forms of • partnerships between members of organization of individuals or groups intelligence or military structures and committing such acts or deeds. These are members of organized crime, illegal highlighted by a series of identifiers like: trafficking of classified information, spread, social reaction, active subjects, attending auctions, taking bribes. time, space, scope. Vulnerable entities to corruption: A look on some of the forms of 2 local public administration (a result of corruption : some illegal actions on issuing 1. In terms of the nature of social areas authorizations and certificates, signing of affected: lease, association and rent contracts, Political corruption – represents public acquisitions contracts for works, the moral degradation of violent and goods and services, transferring assets inefficient political elites and it refers to: between public authorities, capitalization • buying a place on voting lists; of public authorities’ excess assets, • accepting bribes, selling of information, offering help in case of disasters, granting stealing public goods, enabling financial facilities in various fields, car registrations, speculation for their own interest; issuing driving licenses, • advancement within a party on criteria selecting/promoting personnel etc); central other than competency; public administration officials (a result of • using public or administrative positions illegal activities concerning privatizations, for illegal or immoral purposes. public acquisitions, granting licenses, The Parliament (parliamentary quota systems, authorizations, tax immunity and its effects, lobbying, group exemptions and instalment plans on taxes, capitalizing controls, customs control etc); 1 Cătălin Zamfir, Laz ăr Vl ăsceanu, Dictionary of structures working in national security (a sociology, coordinators , Babel Publishing House, result of illegal actions concerning Bucure ști, 1993, p.142 2 Idem

64 commissioning, criminal investigation of High corruption – associated with acts prejudicing national security etc). both high officials and major decision Economic corruption – represents makers and serious fraud, embezzlements, violation of market economy rules by state even organized crime; it is a problem even and private operators 1, and it refers to: for overdeveloped states. • granting or facilitating preferential Western analysts call this type of access to credits by various bank clerks; corruption “white collar” crimes 2 • granting credits with rebated interest (individuals in public high places, who use based on false documents; this status for their own benefit, by • issuing payment documents by credit violating morals, laws and all sense of authorities with no warranties, or coverage normality). American sociologists define for carrying out certain operations; “white collar crimes” as any “illegal act, • illegal assessment and selling of state- punishable by law, committed while owned company assets; holding a lawful profession or the carrying • involvement of state officials in private- out actions for the purpose of reaching like actions; established goals, by any corporation or • illegal transfers of capital and assets. individual with a high social status, Vulnerable entities to corruption: deemed as respectable”. “White collar manufacturing divisions (a result of illegal crimes” have the following characteristics: • actions concerning the artificial rise in are usually masked by a legal prices of devices and important stock professional activity; • materials, a drop in exported goods’ prices, almost impossible to establish victims, unduly close outs, auctions for selling, as there isn’t a group of people who could acquisition and leasing investment works, be defined as such; privatisations, connecting third parties and • most of the time, such crimes are phantom companies, directing economic uncovered by official investigations, being contracts from well known companies claimed by specific individuals, or carried towards private companies, selling out “in the open”. products to economic agents without • Main types of “white collar crimes”: cashing-in their respective value, changing • business crimes: false advertising, the destination of state awarded funds for bribing officials; import, not monitoring the precise and • crimes carried out by employees against timely execution of economic contracts, large corporations: theft, fraud; farm outs, sells, associations, the • state authorities’ crime: police bribing, allowance system, importing of tax abuse of office; exempted products etc) and the financial There is a clear distinction between and banking sector (a result of illegal high corruption and fraud. High corruption actions concerning granting or facilitating involves a direct intervention of some granting of illegal credits, instalments for government members or other officials for credit reimbursement, issuing payment their own or others’ benefit, a crime documents with no warranties or real investigated by the DNA (National Anti coverage, granting credits with reduced Corruption Division). Frauds infer interest, foreclosures). violation of laws, especially by 2. In terms of occurrence, corruption acts businessmen, causing the state to lose classify as follows: significant amounts of money. Such cases

2Sahr J. Kpundeh, Political Will in Fighiting 1 Virgil Ardelean, Corruption potential risk factor Corruption , in ”Corruption and Integrity for national security , in ”Journal of the Foundation Improvement Initiatives in Developing Countries”, of the National Defense College”, Year VI/2000, p. UN Development Program, New York, 1998, pp. 22 96-97

65 fall under the jurisdiction of the High The origins of systematic Court 1. corruption lie with the initiatives of Frauds and high corruption are decisions makers, who are best at strongly linked: it is virtually impossible recognizing and exploiting opportunities - for great frauds not to be rely on official arising in the activity of the departments and politic support. and divisions they manage- for their own • ”small corruption” – carried out by benefit. The high status of these members poorly paid public servants; present for explains why systematic corruption grows both office servants as well as less serious especially by attracting new players. This types of corruption; it refers to the offering type of corruption represents a direct and and receiving of small amounts of money; often overt violation of the law, but, unlike it involves members of the lower levels of the next one - systemic corruption, if the a service/organizations). corrupted individuals are replaced, 3.In terms of frequency and range, corruption disappears. corruption can be: incidental, systematic or • is generalized, official; systemic. • is especially characteristic for economy • incidental corruption (sporadic, and politics; occasional) distinguishes cases within a • it is part of the office/organization’s limited area, with little dispersion, which activity, to the point it identifies itself with may comprise more complex elements of it, completely side-tracking the initial goals what is known as “corrupt exchange”, and or objectives in favour of certain interests, sometimes, even the origins of a network. usually belonging to minority groups; This: • involves members from all levels of • refers to giving and receiving of small hierarchy in an office/organization. amounts of money as bribe; 4.In terms of perceived severity of • entails individuals or groups speculating corruption acts: favorable opportunities, usually by means • black corruption – the unlawful act is of financial power in order to gain condemned by public opinion and social influence ; elites, who want it punished; • is rather the exception, than the rule. • grey corruption – when members of a • systematic corruption appears when the society and especially the elite want to phenomenon is fully manifested, striking punish the unlawful act; official levels, right up to the political • white corruption – when public opinion chain. There are no isolated cases, as they and the elite do not endorse the attempt to are connected, a genuine network, punish a certain type of corruption which penetrating many sectors and places of they find tolerable (for example for the social activity. education and health systems). Systematic corruption: • is organized; Defining corruption in the 2015-2019 • is not necessarily generalized or official; National Defence Strategy • is recursive, especially because of a basic Ensuring national security is weakness in the office/organization or a currently based on the National Defence corrupt internal environment; Strategy. This is the working instrument • is highly profitable, usually engaging the that manages risks, threats and weak offering of large sums of money; points, having as starting points the need to • cases often become a matter of public defend the country’s defence, interests, scandal; values and national security objectives. • a typical case is smuggling. National security aims at ensuring a state of normal democracy desired by the

1Ibidem, pp.118-119 society - citizens, communities and the

66 state- based on efforts that target by the persistence of economic establishing legality, building economic difficulties,the proliferation of well-being, social equilibrium and political underground economy and corruption,tax stability. National security is accomplished evasion,precarious infrastructure,but also within democratic order by exercising by external factors such as the perpetuation citizenship rights and liberties; voluntary of progress gaps in the European Union undertaking of responsibilities; perfecting and a low resistance to foreign markets state’s capacity of decision and action; major changes,especially in the financial making Romania a noticeable active banking area 2. member of the international community. And the second reference, in the National security is ensured by means of chapter regarding the vulnerabilities, there inherent efforts and cooperation with allies is a mention on coruption, at the end of a and partners, according to national list: ”corruption weakens the state, leads to programs, EU security strategy and the economic losses and impacts the country’s strategic concepts of the Alliance. It targets potential progress, good governance, harmonizing national efforts with deciding for the benefit of citizens and international commitments and identifying communities, as well trust in justice and working styles able to prevent and set off state’s authorities. Externally, the fact that threats. corruption still exists has a negative impact National security is achieved on our country’s credibility and image” 3. through appropriate political, economic, Despite being said that it is rather diplomatic, social, judicial, educational, a matter of (public) perception, the effects official and military measures, through of corruption are real, measurable and for intelligence, counter-intelligence and all areas of social life, from politics to security, as well as through efficient crisis business, even reaching personal and management, according to the European family life. Furthermore, on a global scale, and Euro-Atlantic regulations and people see corruption ( “high political international law. corruption” as well as “small It is our opinion that the danger administrative corruption”) as one of the that corruption poses in the National biggest issues their countries are facing. Defence Strategy, where it is presented as To summarize, corruption affect a mere vulnerability or risk, is seriously democracy and the rule of law 4, as: mitigated. • it brings a high level of risk, generating It is worth observing that the multiple weaknesses for the state; 2015-2019 National Defence Strategy • it allows networks of organized crime, barely addresses the dangers posed by terrorist groups and other threatening corruption. There are clear references, but vectors to attack and block the the subject is not discussed further. For strengthening of individual security; example, it is deemed that “defending and Conclusively, the new 2020-2024 consolidating constitutional democracy security strategy must tackle the fight and the rule of law” represent “National against corruption and make it a priority. 1 security interests” , but there is no To this end, given Romania’s EU mention of corruption as a major threat to state security. There are but two 2 National Defense Strategy for The Period 2015 - references to corruption. One of the points 2019 - A strong Romania in Europe and in the in chapter “Risks to national security” world, Bucharest, 2015 mentions: ”Failure to achieve Romania’s https://www.presidency.ro/files/userfiles/National_ Defense_Strategy_2015_-_2019.pdf , (20.05.2020). development objectives may be generated 3 Ibidem, p. 225 4 World Bank, Corruption and its fight. Towards a model for building our integrity , Irecson Institute, 1 Idem Bucharest, 2003, p.14

67 membership, knowing all problems that 4. Kpundeh, Sahr J., Political Will in impact good governance is paramount, Fighiting Corruption , in ”Corruption and amongst them being the corruption of the Integrity Improvement Initiatives in public sector authorities (correlated with Developing Countries”, UN Development budgetary transparency),the correlation Program, New York, 1998 between corruption and crime, corruption 5. Petrescu, Eduard Paul; Giusca, Florin and the business environment etc. Lauren ţiu, Threats of Cybercrime in the Field of Economic and Financial Security Bibliography at National and Regional Level , in: ”Proceedings: The 14 th International Books and studies Scientific Conference: Strategies XXI: 1. Ardelean, Virgil, Corruption - potential Strategic Changes in Security and risk factor for national security , in International Relations, April 26-27, 2018. ”Journal of the Foundation of the National Bucharest, “Carol I” National Defense Defense College”, Year VI/2000 University Publishing House, vol. 3/2018. 2. Ioni ţă , Dorin; Anghel, Ion, Defense 6. World Bank, Corruption and its fight. Research and Development. Description Towards a model for building our and Specific Economic Aspects ,in: integrity , Irecson Institute, Bucharest, 2003 ”Proceedings: The 14 th International 7. Zamfir, C ătălin; Vl ăsceanu, Laz ăr, Scientific Conference: Strategies XXI: Dictionary of sociology , Babel Publishing Strategic Changes in Security and House, Bucharest, 1993 International Relations, April 26-27, 2018, 8. Popescu, Grigore, Florin, Corruption Bucharest, “Carol I” National Defense as a Problem of Romania’s National University Publishing House, vol. 3/2018 Security , in: ”Strategies XXI. Conference: 3. Iordache, Constantin; Petrescul, Eduard, Romania in the New International Security Paul, The Effects of Corruption in National Environment. Bucharest”, “Carol I” Security, in: ”Proceedings: The 13 th National Defense University Publishing International Scientific Conference House, Bucharest, 2017 Strategies XXI: Strategic Changes in 9. Prodan, Grigore, Ion; Sârbu, Security and International Relations, April Sebastian, Corruption: the scourge of 6-7, 2017, Bucharest, “Carol I” National modern society , Victor Publishing House, Defense University Publishing House, Vol. Bucharest, 2005 2/2017

68 MOLDAVIAN NATIONAL SECURITY

Andrian MUNTEANU The State University of Moldova, Chisinau

MODERNIZATION OF THE NATIONAL SECURITY SYSTEM OF THE REPUBLIC OF MOLDOVA: ACHIEVEMENTS AND PERSPECTIVES

Abstract: The article ”Modernization of the national security system of the Republic of Moldova: achievements and perspectives” analyses the national security system as an integral part of the state, which is exposed to modernization processes. These processes affect the way in which citizens perceive the national security and it is reasonable to assume that the roles of security institutions will also be affected by these changes. The relationship between the state and citizens on the level of perception of national security at least has become increasingly problematic. The author considers that the basic diagnosis consists of the non-transparency of the activity of the state security organs, the perception of the current security institutions, especially of the Information and Security Service of the Republic of Moldova, as follower of the Soviet Union repression bodies and the loss of the citizens' confidence towards the state security organs. Keywords: National security system; National security; Security institutions; State; Citizens Contact details of the E-mail: [email protected] author: Institutional The State University of Moldova affiliation of the author: Institution Alexei Mateevici str. 60, MD-2004, Chisinau, Republic of Moldova address: Website: https://usm.md

The democratization of the Referring to the Republic of institutions of the national security system Moldova, a requirement of the European of the Republic of Moldova must be seen Union is the modernization of the national from the point of view of the security security system through the civil society institutions’ transition from the Soviet control over the state security bodies and Union system of internal organization to developed security policies. In addition, in the democratic rules of the security recent years there are attempts to institutions, as well as of the factors of participate in civil society for elaboration institutional security consolidation of national security policies in the through the reformation of the security Republic of Moldova. The modernization institutions. These approaches to the of the national security system is directly process of democratization of security proportional to the democratization of its institutions take place through the institutions. Security institutions have an perspective of modernization and independent effect not only on policies, transition. Democratization is but also on the quality and sustainability conceptualized as a set of institutional of democracy 1.

1Lars Johannsen, Democratization and University of Aarhus Draft: Paper for presentation Development: Modernization and Political at the ECPR Joint Session of Workshops, Institutions, Department of Political Science, Copenhagen, Denmark, 14–19 April, 2000

69 changes and as a form of elite Police of the Ministry of Defence and the domination 1. Customs Service, which operates in The levels of the national security compliance with the respective laws, as system typically connect the macro well as from the educational institutions modernization processes to the micro- and other non-militarized institutions and level of institutional modernization organizations of the state security bodies. through the state security bodies. At the The state security bodies are same time, the mistakes made in the initial specialized structures of the executive phase of the democratic reforms power, meant to ensure the security of the diminished the capacities of the law state. The state security bodies carry out enforcement institutions, as well as the their activity according to the principles of state regulation and monitoring. Thus, it law, delimitation of the powers of the leads to the diminishing of the role of the concerned bodies, equality before the law, state and to the decrease of its efficiency respect for human rights and freedoms, in solving the national security problems. non-partisanship, professional conspiracy, Developing increasing transparency transparency, opportunity, ensuring the together with the best practices of states security of the Republic of Moldova with long-standing democratic traditions without prejudice to the security of other can really contribute to the states. In a modern society, the state democratization of the security sector 2. security bodies provide important The national security system of the functions for democracy, related to Republic of Moldova includes defence, informing the state institutions about foreign policy, constitutional order and internal and external threats. The justice, financial, economic, ecological, information in the field of national energy, communications, and social security is used to serve the needs of the protection components, being political factors, that is, the legitimate interdependent. The institutional representatives of the people are limited framework of the national security system by national interest. of the Republic of Moldova consists of the The system of state security bodies supreme public authorities in the field of manifests itself through the activity of national security assurance (the information for security, which represents Parliament of the Republic of Moldova, the set of actions and operations carried the Government of the Republic of out permanently by the components of the Moldova, the Presidency and the Supreme national security system, and namely, Security Council) and the state security planning, searching, obtaining, verifying, bodies. An important component of the analytical processing of data and national security system is the system of information relevant to national security state security organs, consisting of the and informing decision makers, legally Information and Security Service, the invested with the competence to achieve Security and Guard Service, the Border national security or to enforce the law. The activity of information for security is regulated by specific norms, issued in 1Ion Ciobanu, Democratizarea şi modernizarea sistemului politic din Republica Moldova în accordance with and for the application of contextul globaliz ării, Chi şin ău, 2019, p. 92, p. the law and is carried out secretly, with 163 the protection of the sources, means, 2Tatiana Busuncian, Democratizarea sectorului methods and techniques used. de securitate – o necesitate a noilor societăţ i The creation and activity of the democratice, in ”Politicile de vecin ătate ale NATO şi UE – Noi dimensiuni pentru cooperarea national security bodies represent regional ă. Tezele seminarului interna ţional. processes related to the history of the Chi şin ău”, Centrul Pro Marshall din Republica development of the Republic of Moldova Moldova, 2007, pp. 76-85

70 itself. The component institutions of the these institutions depend not only on the national security system have formed individual preferences of the during their operation an absolutely organizations, but also on the preferences distinct entity, which reacts to the of the state governing factors, as well as challenges of the international security on how these preferences combine. The environment, as well as to the internal recognition of the interests of specific vulnerabilities specific to the system. organizations as sources of influence in An important element of the politics, that is, of politicization, is the national security system is the civil most important aspect to be taken into servants and the politicians who elaborate consideration when forming the national the national security policies. These are security system. official persons, elected or named, who The politicization has three main regard the world, first of all, in the light of effects on the relations between the the interests of the institutions they security and political bodies. First, it represent but also of the different outlines the content and tone of the perception of reality, the character of the estimates, as politicized information tends information used, as well as the to reduce ambiguous or controversial data uncertainty of the situations. Other and presents findings with an unusual psycho-social qualities that are of great sense of certainty. The politicization importance for the level and quality of the process inhibits re-evaluation. Information influence of the officers in the national agencies are less likely to review the type security system are competence, ability to of bold and unequivocal statements that interact, personal relations with other are characteristic of politicized estimates, politicians, ability and willingness to even after a dissonant or contradictory make a decision. Political-military information appears that could lead to a analysts consider that the interests of review of previous conclusions. Finally, in security organizations represent a fact, politicization episodes can poison dominant factor in forming a position with political-information relations for many which politicians agree in establishing years. Severe breakdowns tend to national security interests. This implies a exacerbate mutual distrust and strengthen political collaboration in the national old stereotypes that divide information security system and is considered as a and policy officials 2. "political balance" in the activity of the The functioning of the national various persons who are part of the upper security system in schematic form can be echelon as a hierarchical level 1. For presented in the following way: the state example, the political power consists of security bodies notify the danger, assess various politicians and civil servants, who it, elaborate the policy and the concrete occupy leading positions in the measures designed to neutralize the organizations that are part of the national possible dangers or those that may occur. security system. The decisions made by In reality, this process is much more complex, given that, first of all, various elements of the mechanism may be 1Ionel Goian, Mih ăiţă Niculescu-Ciocan, Comunitatea na ţională de informa ţii între missing or not acting properly. Secondly, modelele occidentale şi perspectiva româneasc ă, the system itself includes different in ”Securitatea şi ap ărarea spa ţiului sud-european, personalities and organizations, each în contextul transform ărilor de la începutul having their own idea of what should be mileniului III: Sesiunea anual ă de comunic ări done in the interest of the state. Thirdly, ştiin ţifice cu participare interna ţional ă: Strategii XXI/2006”, Bucure şti, 13-14 aprilie 2006, Universitatea Na ţional ă de Ap ărare „Carol I”, 2 Joshua Rovner, Intelligence in the Twitter Age , in Editura Universit ăţ ii Na ţionale de Ap ărare „Carol ”International Journal of Intelligence and Counter I”, Bucure şti, 2006, vol. 15 Intelligence”, 2013

71 each department has its own interest and forms: it approves the National Security tends towards its realization 1. Conception and Strategy that represent the The supreme public authorities in main directions of the state's internal and the field of national security are the foreign policy; approves the military Parliament of the Republic of Moldova, doctrine of the state; adopts and interprets the Government of the Republic of laws and decisions in the field of security; Moldova, the Presidency and the Supreme creates the legal basis for the Security Council. establishment and activity of the bodies In the structure of the national that ensure the security of the state; security system, as a whole, a main link is declares referendums on national security represented by the person with the highest issues; approves the volume of budgetary position of responsibility in the state - the allocations to the respective state security President of the State, as supreme bodies; establishes the state border of the commander of the armed forces, the first country; ratifies, denounces, suspends and diplomat and the chief of executive cancels the action of the international power. The constitutional hypostasis of treaties concluded by the Republic of the president determines his position as Moldova; exercises the direct the main character in the elaboration of parliamentary control over the execution the decisions in the field of national of the legislation by the organs of assuring security. the national security in the forms and With regard to national security, within the limits provided by the the President of the Republic of Moldova Constitution; declares partial or general has the following powers: he exercises the mobilization, state of emergency, siege or general management of the activity of war. ensuring national security and is On the level of ensuring national responsible for its status within the limits security, the Government of the Republic established by the law; bears negotiations of Moldova: ensures the execution of the and concludes international treaties on laws and decisions of the Parliament, as behalf of the Republic of Moldova related well as of the decrees elaborated by the to national security; issue normative President of the Republic of Moldova on decrees regarding the problems of state security; establishes, in accordance ensuring the security of the state; ensures with the legislation, state security bodies; the cooperation of public authorities in the establishes the structure, functions and concerned field; establishes and volume of budgetary allocations for their administers advisory bodies for state maintenance; issues decisions and security issues; takes the necessary provisions regarding national security measures to ensure the security of the issues; exercises control over their state, in accordance with the legislation. implementation by ministries and other According to the Constitution of central administrative authorities under its the Republic of Moldova, the Parliament subordination; promotes domestic and carries out the legislative regulation in the foreign policy according to the interests of field of national security in the following ensuring national security; exercises the management of the activity of the public 1Constantin Mo ștoflei, Securitatea şi ap ărarea administration authorities for assuring the spa ţiului sud-european, în contextul state security. transform ărilor de la începutul mileniului III, The components of the national Sesiunea anual ă de comunic ări ştiin ţifice cu security system are coordinated unitarily participare interna ţional ă Strategii XXI/2006: Bucure şti, 13-14 aprilie 2006/ Universitatea by the Supreme Security Council (SSC), Na ţional ă de Ap ărare „Carol I”, Editura subject to parliamentary control through Universit ăţ ii Na ţionale de Ap ărare „Carol I”, specialized commissions, financed from Bucure şti, 2006

72 the state budget and acting integrated to Nicolae Timofti, issued a decree achieve national security. The Supreme establishing the Commission for the Security Council is a consultative body, reform of the Supreme Security Council 2. empowered to analyze and carry out the The given commission elaborated the general coordination of the activity of the Reform Concept of the Supreme Security institutions of the national security Council and a Bill for the Supreme system, of the actions of other institutions Security Council, which was presented to exercised on its various dimensions and to the President of the Republic of Moldova adopt recommendations for the decisions and to the members of the Council 3. The regarding the national security. Also, SSC bill for the Supreme Security Council was gives recommendations to the President of not examined by the Supreme Security the Republic of Moldova on internal and Council and was not presented to foreign policy issues of the state. Parliament as a legislative initiative of the The SSC members have no head of state. At the same time as the bill additional powers of decision makers and for the Supreme Security Council was have no right to issue provisions that drafted, the Commission for the exceed the limits of the competences reformation of the Council also elaborated conferred by the function they hold. The the Concept of reforming the Supreme members of the Council include: the SSC Security Council. This Concept was secretary, advisor to the President of the presented at the meeting of the Supreme Republic of Moldova in the field of Security Council, which, at the meeting of security and defence, the President of the November 26, 2012, examined the work Parliament, the Prime Minister, the implementation of the National Security President of the National Security, Strategy of the Republic of Moldova 4. The Defence and Public Order Commission, SSC members approved the Reform the President of the Committee on Foreign Concept of the Supreme Security Council, Policy and European Integration of the which ensures, among other things, the Parliament, the Minister of Foreign increase of the efficiency in combating Affairs and European integration, ISS threats to national security and increase of Director, General Attorney, Minister of the level of transparency of the security Internal Affairs, CNA Director, Minister and defence sector. The content of the of Defence, Minister of Justice, Governor Concept is not secret and it has become of the National Bank. known to us thanks to interviews inside of The need to reform the Supreme the Service of the Supreme Security Security Council has been repeatedly Council. However, its text has not been mentioned in the documents of policy made public for wide discussion. The adopted by the Parliament and the concept contains five chapters: General Government of the Republic of Moldova. aspects; Description of the situation and The security sector and, in particular, the definition of the problem; Tools and ways Supreme Security Council as the supreme of reforming the SSC; Evaluation of the body specialized in this field, are in urgent impact of the SSC reform and the list of need of remodeling its role and structure, relevant legislative and normative acts to 1 its functions and functional capabilities . On September 14, 2012, the former 2Decret nr. 297 din 14.09.2012 , President of the Republic of Moldova, http://lex.justice.md/index.php?action=view&view =doc&lang=1&id=344802, (15.05.2020). 3Comunicat de pres ă, 1Vadim Enicov , Monitorizarea implement ării http://www.presedinte.md/rom/css-comunicate-de- Programului de activitate al Guvernului, in presa/consiliul-suprem-de-securitate-a-examinat- ”Integrarea European ă: Libertate, Democra ţie, modul-de-implementare-a-strategiei-securitatii- Bun ăstare 2011-2014”, Institutul de Politici nationale-a-republicii-moldova, Publice, Chi şin ău, 2014, p. 3 4Vadim Enicov, Op.cit., p. 8

73 be elaborated, repealed or modified in the Presidency and the Supreme Security context of concept implementation. Council) have the task of establishing a According to the Concept, the cardinal democratic control over the Security reorganization of the entire system of bodies. To this end, the task of these coordination and policy development in institutions is to create a legal framework, the fields of security and defence is which is well defined for the proper necessary for carrying out the SSC functioning of the security organs. In reform, starting from the achievement of addition, in order to establish democratic the most stringent objectives, such as: control over the state security bodies, the a) Elaboration, promotion, adoption and civilian elements of the national security implementation of a Law on the Supreme system must monitor the establishment of Security Council, taking into account the relations between the political factor and provisions of the National Security the information structures; the volume and Strategy. structure of the allocated resources, b) Modification of the legal framework depending on their missions; regarding the activity of state security determination of the optimal balance bodies and related bodies as a result of between military and civilian components determining the new competences of the of intelligence resources. SSC, by repealing outdated acts or Approaching the subject of the provisions, inefficient in the current volume of resources that can be allocated situation, generating double to the state security bodies, depending on interpretations. the missions they receive and analysing c) Elaboration of a Regulation regarding their budget allocations for the period the organization and functioning of the 2015-2019, we note that the ISS, SSPS, Service of the Supreme Security Council CS, BP budgets have been steadily in order to increase its efficiency and increasing, as in 2019 practically doubles competences. as compared to 2015. As an example: d) Identification of the possibility of annual allowances for the Information and financial assurance of the reform, Security Service 182.210,1 thousands of including staff expansion and efficient lei (2015 1), 218.147,9 (2016 2), 237.239,3 modernization of technical means used in (2017 3), 254.194.7 (2018 4). These denote professional activity. the understanding by the decision makers e) Ensuring the transparent character of of the importance of ensuring national the SSC reforming activity. security and placing this subject as a From the analysis of the prerogative of their policy. conception text, we find that currently A central administrative authority there is no substantial change of the place in the system of law enforcement bodies and role of the Supreme Security Council with responsibilities in the field of state in the system of the supreme organs of security is the State Security and state security. At the same time, the Protection Service (SSPS) 5. This conception does not clearly establish the planned actions, the terms and the 1 Legea bugetului de stat pe anul 2015 , Monitorul executors of these actions. Respectively, Oficial No. 102-104/172, 28.04.2015 the concept remains a declarative text of 2 Legea bugetului de stat pe anul 2016 , Monitorul intent, without a clear purpose. In Oficial No. 230-231/486, 26.07.2016 practice, no action was taken to 3 Legea bugetului de stat pentru anul 2017 , implement it. Monitorul Oficial No. 472-477/943, 27.12.2016 4 Legea bugetului de stat pentru anul 2018 , The supreme public authorities in Monitorul Oficial No. 464-470/810, 29.12.2017 the field of national security assurance 5 Lege cu privire la Serviciul de Protec ţie şi Paz ă (the Parliament, the Government, the de Stat , Monitorul Oficial No. 120-121/470, 08.07.2008

74 institution is specialized in ensuring the Government Decision regarding the protection of the dignitaries of the establishment of the Security and Guard Republic of Moldova, of the foreign Service, as well as the Decree of the dignitaries during their stay in our President of the Republic of Moldova of country, of their family members, within 25.04.1997, were declared the limits of the law, as well as in unconstitutional. As a consequence of this ensuring the safekeeping of the work fact, by Law No. 1456 of 28.01.1998, the places and their residences. Security and Guard Service was included SSPS collaborates with the in the system of state security bodies, and Ministry of Internal Affairs, Ministry of in order to comply with the constitutional Defence, Service for Information and provisions, the Law on State Security and Security and other central and local public the Law on State Security Bodies, the administration authorities, including with Law on the Security and Guard Service international organizations of profile. On was approved by the Parliament. After the May 25, 2012, the Bill on amending and adoption by the Parliament of the supplementing the Law on SSPS was Republic of Moldova on June 13, 2008 of adopted. The Service College is Law No. 134 on the Security and Guard established and operates within the Service, the institution operates in Service, which is an advisory body in accordance with the criteria of a organizing its activity. The Service democratic state and meets international College is composed of 9 members. The standards in the field, and again passes to composition of the College is approved by the control of the President of the decree of the President of the Republic of Republic of Moldova. Following the Moldova. The meeting of the College is modifications made in the special law by deliberative if at least 2/3 of its members the Parliament of the Republic of attend it. The mode of activity of the Moldova by Law no.270 of 09.12.2016 College is stipulated in the internal for the modification and completion of regulation, which is approved by the some legislative acts, the Security and Director of the Service. The decisions of Guard Service is again subordinated to the the College are adopted with the vote of Government. Starting with June 21, 2019, the majority of its members. Decisions following the publication in the Official shall be recorded and made public by Monitor of the Republic of Moldova of order of the Director of the Service. the modifications made to Law no. The State Protection and Security 134/2008, the Security and Guard Service Service were established on April 24, has been subordinated to the President of 1997, by Government Decision no.389 of the Republic of Moldova. April 25, 1997. With the establishment of The SSPS has the following basic the Security and Guard Service, by the obligations in the field of national same decision, the Government also security: to take the protective measures approved the provisional Regulation necessary to ensure the security of the stipulating the functions, rights, categories persons who are beneficiaries of state of collaborators and civilian personnel, as protection and the security of the work well as their social and legal protection. places and of the residences of these At the same time, the objectives of the persons; to carry out, in accordance with Service were extended, by approving the the law, special investigation activities for categories of persons benefiting from state the collection, verification and use of the protection, both from the Republic of information necessary to fulfill the Moldova and from abroad. However, functional obligations; to inform, by following the Constitutional Court means of a notification document, with Decision no.40 of 22.12.1997, the the submission of the confirmatory

75 materials, other authorities that carry out European standards are priorities of the special investigative activities about the modernization process of this institution. illicit facts that have become known Moreover, the objective of the reform of within the competence of these the ISS can be found in various national authorities; to prevent, detect and policy documents, such as: Government annihilate any action that would endanger Activity Program “European Integration: the life, physical integrity, freedom of Freedom, Democracy, Welfare” 2009– action and health of persons receiving 2013, Government Activity Program state protection, regardless of their “European Integration: Freedom, location; to ensure the protection of Democracy, Welfare” 2011–2014, workplaces and residences of these Individual Action Plan of the Republic of people; to maintain, within the limits of Moldova - NATO Partnership updated 1. the competence, the public order in the On September 9, 1991 by Decree places of permanent or temporary no. 196 of the President of the Republic of accommodation of the persons benefiting Moldova, the State Security Committee is from state protection and to exclude the liquidated, the Ministry of National causes that prevent this order from being Security being created. In December 1999 ensured; to participate, within the limits of the Ministry of National Security was competence, in the fight against terrorism; reorganized into the Information and to ensure the accompanying or escorting Security Service of the Republic of of the means of transport by which the Moldova, whose activity is coordinated by persons benefiting from state protection the President of the Republic of Moldova. move; to organize the activity of defence Today the activity of ISS is coordinated of state and service secrecy; to ensure by the President of the Republic of their own security and activity; when Moldova, within the limits of its declaring the state of emergency, siege or competence and is subject to war, to coordinate, within the limits of the parliamentary control. Thus, if the ISS competence, with the General Staff of the carries out tasks of direct assurance of Armed Forces the actions to maintain the national security, the President of the regime of emergency, siege or war; to Republic of Moldova is the one who sets carry out independently or in cooperation the tasks and priorities of the ISS, and with other specialized bodies actions of coordinates the elaboration of the national search, identification and neutralization of security policies. Also, the Parliament, the suspicious objects, which would endanger Prosecutor's Office and the Court of the persons benefiting from state Accounts control the activities of the ISS. protection, the work places or the guarded An important aspect in the residences. modernization of ISS is the assurance of The Information and Security the independence of its activity vis-à-vis Service of the Republic of Moldova (ISS) other state institutions, to this end has an important role within the state ensuring the clear delimitation of state security bodies, representing a component security functions. The independence in of the national Security system. On the the activity of the Service implies the other hand, based on national legislation, freedom to act, within the limits of the the place of ISS in the system of specialized central public administration 1 Hot ărîre privind aprobarea Strategiei de bodies is not clearly determined. reformare a Serviciului de Informa ţii şi Securitate Adjusting the competences of the al Republicii Moldova şi a Planului de ac ţiuni pentru implementarea Strategiei de reformare a Information and Security Service to the Serviciului de Informa ţii şi Securitate al Republicii needs of the current security environment Moldova pentru Anii 2014–2018, No. 230, and adapting the legislation in the field to 10.10.2013, Monitorul Oficial, No. 243-247/696, 01.11.2013

76 institutional competences, in strict Another internal factor would be the accordance with the provisions of the vulnerability of some officers to related legislation in force, without being economic activities and the phenomenon influenced by subjective factors, both of corruption. external and institutional. The subjective At the same time, the most factors of external influence are the important step in establishing democratic interest and impact of the ruling parties in control over the ISS is the creation of a relation to the activity of ISS on the well-defined legal framework in which it political level, but also of the business operates. Law no.753-XIV of December environment in relation to the activity in 23, 1999 on the Information and Security the field of large economic crimes; Service of the Republic of Moldova has attempts by special foreign services to an ambiguous character and generates decompose ISS forms and means of uncertainties about the positioning of the activity. In order to avoid the negative Service in the national security system. aspects that may arise from the use and According to art.1 of the law, the activity influence of the ISS by the political factor, of ISS is coordinated by the President of it is necessary to apply control assurance the Republic of Moldova, within the limits tools, such as: institutional structuring; of its competence and is subject to transparency in legal limits to public parliamentary control. Here comes the opinion and the media; ensuring need to regulate by law the limits of supervision from the perspective of coordination of the ISS activity by the executive, legislative and judicial powers. President of the Republic of Moldova, as In order to materialize them, it is well as explaining how to carry out necessary to follow principles such as: parliamentary control over the ISS activity managerial control and external by the Parliament. supervision; the dissociation of the Another important security body is supervisory activity from the control the Border Police of the Ministry of activity, where each control position will Internal Affairs of the Republic of be responsible to the higher level in Moldova. The Ministry of Internal Affairs accordance with the principle of political exercises control over and coordinates the control. activity of the Border Police, elaborates Regarding the topic of the and promotes the state policy in the subjective institutional factors of internal activity of the Border Police in the field of influence, we can mention the conflict of combating illegal migration, exercises institutional interests (although ISS has other attributions provided by the the capacity of criminal prosecution of the legislation in force 1. crimes of danger of national security The Border Police has the detected by the Service, this competence following structure: was excluded by legislative changes in a) General Inspectorate of Border Police; 2011. This action has undermined. ISS b) Regional subdivisions of the Border authority creates a functional discomfort Police; compared to other institutions in the field, c) Centre of Excellence in Border such as Anticorruption National Centre Security. and Ministry of Internal Affairs). Another The origin of the Border Police is factor of internal influence is the the Decree of the President of the insufficiency of guaranteeing the clear Republic of Moldova no. 190 ”Regarding conditions and prospects of career the State Border of the Republic of advancement, which generates Moldova” issued on September 3, 1991, disappointment and, respectively, the flow of cadres among the professional officers. 1 Lege cu privire la Poli ţia de Frontier ă, Monitorul Oficial nr. 76-80/245 din 20.04.2012

77 in which it was stipulated that the western Service has been reorganized into the sector of the border is under the total Border Police. jurisdiction of the Republic of Moldova, The tasks of ensuring national and all the buildings, armament, security carried out by the Border Police ammunition and other goods of the border consists of preventing and combating detachment no. 22 ”Nijnednestrovschii” cross-border crime, including human have been announced as property of the trafficking, organizing illegal migration, Republic of Moldova and passed under its illegal crossing of the state border, jurisdiction. smuggling, falsification and fraudulent In 1992, the Border Guard Troops use of documents. The Border Police, of the Republic of Moldova are formed, within the limits set by the legislation, consisting of a detachment of four border exercises the criminal investigation, finds commanders and 27 pickets. By the order and examines the contraventions, of the Minister of National Security no. 4 undertakes the judicial expertise, carries of January 11, 1992 Commander of the out special investigative measures. The Border Guard Troops of the Ministry of Border Police exercises its duties within National Security is named Colonel Vasile the border area and the border crossing Calmoi. On December 23, 1999, the points, and in the case of combating Border Guard Troops of the Republic of illegal migration and cross-border crime, Moldova are reorganized in the it exercises its duties outside this area too. Department of Border Guard Troops of The Border Police collaborates with the Republic of Moldova. On January 18, authorities in the field of combating 2000, the Department of Border Guard illegal migration, surveillance and control Troops of the Republic of Moldova have of the state border crossing, exchange of been withdrawn from the composition of information of foreign states, as well as, it the Ministry of National Security and collaborates with international reorganized into an independent structure. organizations, based on the international In December 2011, the Cabinet of treaties to which the Republic of Moldova Ministers has approved a bill according to is a party. The Border Police provides, in which from July 1, 2012 the Border Guard the border area, the necessary assistance Service of the Republic of Moldova will to the authorities empowered with control be reorganized and transformed into the activity in the field of public health Border Police. In addition to the duties of protection, the environment, as well as in the Border Guard Service, the new the field of ecological security. In order to institution will take on competences in the ensure the efficient execution of the tasks, field of combating cross-border crime, the Border Police collaborates with the criminal prosecution, and examination of central specialized bodies of the public travel documents. On July 1, 2012 Law administration, with the authorities of the No. 283 of 28.12.2011 on the Border local public administration, with the law Police has come into force, according to bodies. which the Border Guard Service is The Border Police operates in reorganized into the Border Police and accordance with the Constitution of the subordinated by the Ministry of Internal Republic of Moldova, the Law on Border Affairs of the Republic of Moldova. Police, the Law on the State Border, the In 2000, the Department of Border Law on State Security, the Law on State Troops has been withdrawn from the Security Bodies, as well as the composition of the Ministry of National international treaties to which the Security of the Republic of Moldova and Republic of Moldova is a party. restructured into an independent structure. The law enforcement body that Since July 2012, the Border Guard promotes customs policy and directly

78 conducts customs activity in the Republic The Customs Service is headed by of Moldova, within the limits of its a director appointed by the Minister of competence, contributes to ensuring the Finance for a term of 5 years, assisted by economic security of the state, combating one of deputy directors, whose number is international terrorism, smuggling, illicit determined by the Government at the human, drugs, weapons and ammunition proposal of the Minister of Finance. trafficking is Customs Service 1. Candidate for the position of director may The Customs Service is an be the person who corresponds to the administrative authority subordinated to requirements established by this law and the Ministry of Finance, which exercises Law no.158/2008 regarding the public the functions and attributions assigned to position and the status of the civil servant. it and implements the customs policy of The most important duties of the the state by uniform and impartial Customs Service in the field of ensuring application of the legislation in the national security are the defence of the customs field in order to ensure the economic interests of the state; economic security of the state within the contributing, within the limits of the law, limits of its competences. The Customs to the implementation of measures to Service has administrative and decision- ensure the security of the state, public making autonomy, respecting the order, defence of people's life and health, provisions of the legislation in force. protection of flora and fauna, the The activity of the Customs environment as a whole; creating the Service is a special kind of activity in the conditions for accelerating the traffic of public service and is part of the system of goods across the customs border; ensuring law enforcement and state security bodies. the maintenance of an adequate balance The Customs Service collaborates with between customs controls and trade civil society, ensuring access to official facilitation, according to the legislation in information, with the exception of those force; identifying the commission of with limited accessibility, publishing on crimes that fall within its competence; its official website public information and conducting the operative activity of transparency of the decision-making investigations in order to detect the process, in the manner established by the persons guilty of preparing and legislation. committing some customs offences, of The Customs Service consists of smuggling and of other crimes that fall the central apparatus; customs offices, as within the competence of the criminal territorial subdivisions with legal prosecution body of the Customs Service; personality, subordinated to the central carrying out the activities necessary for apparatus; customs checkpoints, as risk management; collaboration with other territorial subdivisions without legal public authorities, institutions and bodies personality, subordinated to the customs to protect the legal norms that have the offices. obligation to provide assistance, etc. The central apparatus of the An important criterion for Customs Service and the customs offices assessing the state of the national security are legal entities of public law, which system is the level of intra- and inter- have the seal with the State Coat of Arms institutional cooperation and collaboration of the Republic of Moldova, treasury expressed in concrete ways by which the accounts and are financed from the state institutions of this system act in order to budget. achieve common objectives. The state of competition between the state security organs, specific to the Soviet period, is 1 Lege cu privire la Serviciul Vamal , Monitorul one of the most extreme pessimistic views Oficial nr. 68-76/143 din 02.03.2018

79 on the state transition, making it security. The balance between the options impossible to fully control decision- described and the removal of the security makers and undermining the legitimacy of service from political influence and party the state 1. interests must be achieved. Coordination of the operational The coordinated functioning of the and logistical efforts of the national national security system is designated by security bodies, the exchange of the information community, where, at the information and other cooperation needs system level, common utilities and are achieved through protocols, programs, facilities are created for coordinating projects or operations 2. Cooperation information planning and integrated means the organization, coordination, elaboration of informational estimates of support and joint implementation, based national interest, initiating and developing on documents, by structures within the information programs, projects or institutions of the national security system operations limited by support of support of specific actions and activities, aimed at of national security policies and strategies, ensuring national security. specialized training and training of One of the most important forms personnel, elaborating studies and of collaboration is the cooperation research in strategic and national security between the institutions of the national issues, creating integrated information security system with the central infrastructures and systems. institutions of the state, because through All of these foundations of the these actions the tasks of the executive security platform represent the basic power are realized. The horizontal defensive structure in a state using connection is reflected in some existing technologies and security organizational measures undertaken by products. This platform is defined as a the special services, in agreement with the proposed network defence strategy representatives of the central bodies of the allowing each security component to state. In this context, the main problem underline its comparative advantage and arises: who and how to control the to work in cooperation with the others 4. information activity, in order to prevent In conclusion, the author considers abuses 3. Any solution to this problem is of that the best ways and mechanisms of the limited character. If the central institutions modernization of the national security of the state exercise too much control, system are the extension of civil control then there is a risk that the intelligence over the functioning of the state security services no longer fulfil its functions and institutions; increasing the level of tasks. A smaller control may result in the depolarization of security institutions by abusive influence of the security service broadening their spheres of action and on the elements that define national dominating the law in the state as an element that ensures a viable connection between security institutions, citizens and 1 Daniel Horsfall, From competition state to the state; minimizing the role and competition states ?, in ”Policy Studies”, 2010, pp. legitimacy of traditional elites and 57-76 2 Petre Du ţu, Echilibrul de putere şi mediul de increasing the role of modernizing elites securitate , Editura Universit ăţ ii Na ţionale de in the field of security. Ap ărare „Carol I”, vol. II, Bucure ști, 2011 The Republic of Moldova is a 3 I. Caraman, Implementarea politicilor de consumer and not a generator of security securitate na ţional ă: Cooperarea Interagen ţii, in that is why we consider that the ”Politicile de vecin ătate ale NATO şi UE – Noi dimensiuni pentru cooperarea regional ă. Tezele seminarului interna ţionale”, Chi şin ău, 4Avi Chesla, Information Security: A Defensive Centrul Pro Marshall din Republica Moldova, Battle , Information Systems Security, 2004, pp. 2007, pp. 115-118 24-32

80 modernization of the national security 8. Goian, Ionel; Niculescu-Ciocan, system by taking into account external Mih ăiţă , Comunitatea na ţional ă de recommendations and modernization informa ţii între modelele occidentale şi models of other democratic states will perspectiva româneasc ă, în Securitatea şi ensure stability and reduce the ap ărarea spa ţiului sud-european, în vulnerability and threats to national contextul transform ărilor de la începutul security. mileniului III: Sesiunea anual ă de comunic ări ştiin ţifice cu participare Bibliography interna ţional ă: Strategii XXI/2006: Bucure şti, 13-14 aprilie Books 2006/Universitatea Na ţional ă de Ap ărare 1. Ciobanu, Ion, Democratizarea şi ”Carol I”, vol. 15, Editura Universit ăţ ii modernizarea sistemului politic din Na ţionale de Ap ărare „Carol I”, Bucure şti, Republica Moldova în contextul 2006 globaliz ării, Chi şin ău, 2019 9. Johannsen, Lars, Democratization and 2. Du ţu, Petre, Echilibrul de putere şi Development: Modernization and mediul de securitate , Bucure şti, Editura Political Institutions , Department of Universit ăţ ii Na ţionale de Ap ărare „Carol Political Science, University of Aarhus. I”, vol. II, 2011 Draft: Paper for presentation at the ECPR 3. Horsfall, Daniel, From competition Joint Session of Workshops, Copenhagen, state to competition states?, Policy Denmark, 14 – 19 April, 2000 Studies, 2010 10. Mo ștoflei, Constantin, Securitatea şi ap ărarea spa ţiului sud-european, în Studies contextul transform ărilor de la începutul 4. Busuncian, Tatiana, Democratizarea mileniului III: Sesiunea anual ă de sectorului de securitate – o necesitate comunic ări ştiin ţifice cu participare a noilor societ ăţ i democratice , în interna ţional ă: Strategii XXI/2006: Politicile de vecin ătate ale NATO şi UE – Bucure şti, 13-14 aprilie 2006 , Noi dimensiuni pentru cooperarea Universitatea Na ţional ă de Ap ărare regional ă. Tezele seminarului ”Carol I”, Editura Universit ăţ ii Na ţionale interna ţional , Centrul Pro Marshall din de Ap ărare „Carol I”, Bucure şti 2006 Republica Moldova, Chi şin ău, 2007 5. Caraman, I., Implementarea Documents politicilor de securitate na ţional ă: 11. Legea bugetului de stat pe anul 2015 , Cooperarea Interagen ţii, în Politicile Monitorul Oficial No.102-104/172, de vecin ătate ale NATO şi UE – Noi 28.04.2015 dimensiuni pentru cooperarea 12. Legea bugetului de stat pe anul 2016 , regional ă. Tezele seminarului Monitorul Oficial No. 230-231/486, interna ţional , Centrul Pro Marshall din 26.07.2016 Republica Moldova, Chi şin ău, 2007 13. Legea bugetului de stat pentru anul 6. Chesla, Avi, Information Security: A 2017 , Monitorul Oficial No. 472-477/943, Defensive Battle , ”Information Systems 27.12.2016 Security”, Vol. 12, No. 6, 2004 14. Legea bugetului de stat pentru anul 7. Enicov, Vadim, Monitorizarea 2018 , Monitorul Oficial No. 464-470/810, implement ării Programului de activitate 29.12.2017 al Guvernului, „Integrarea European ă: 15. Lege cu privire la Serviciul de Libertate, Democra ţie, Bun ăstare 2011- Protec ţie şi Paz ă de Stat , Monitorul 2014” , Institutul de Politici Publice, Oficial No. 120-121/470, 08.07.2008 Chi şin ău, 2014 16. Hot ărîre privind aprobarea Strategiei de reformare a Serviciului de Informa ţii şi

81 Securitate al Republicii Moldova şi a Planului de ac ţiuni pentru implementarea Strategiei de reformare a Serviciului de Informa ţii şi Securitate al Republicii Moldova pentru anii 2014–2018 , No. 230 din 10.10.2013, Monitorul Oficial nr.243- 247/696, 01.11.2013 17. Lege cu privire la Poli ţia de Frontier ă, Monitorul Oficial 76-80/245, 20.04.2012 18. Lege cu privire la Serviciul Vamal , Monitorul Oficial 68-76/143, 02.03.2018

Websites 19. http://dx.doi.org 20. www.presedinte.md

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Alexander KURTSKHALIA University of Political and Economic Studies ”C. Stere”, Chisinau

STRATEGIES AND TACTICS FOR THE SETTLEMENT OF TERRITORIAL CONFLICTS IN THE REPUBLIC OF MOLDOVA AND GEORGIA IN THE LIGHT OF INTERNATIONAL LAW

Abstract: The article ”Strategies and tactics for the settlement of territorial conflicts in the Republic of Moldova and Georgia in the light of international law” analyses the way through conflicts resolution which is impossible not only without removing the objective bases of confrontation of the conflicting parties, but also without identifying the subjective divergences between the participants of the conflicts and the international community participating in their resolution. Keywords: Territorial conflicts; States; Georgia; Republic of Moldova; The Russian Federation; International law Contact details of the E-mail: [email protected] authors: Institutional University of Political and Economic Studies ”C. Stere” affiliation of the authors: Institutions Ştefan cel Mare şi Sfânt Boulevard 200 MD-2004, Chisinau, Republic of Moldova address: Website: https://uspee.md E-mail: [email protected]

The Transnistrian and Georgian process that will take quite a long time, as conflicts should be regarded as politico- it will be necessary to find a mutually territorial and international ones, taking acceptable and balanced platform to into account the dynamics of the changes eliminate negative stereotypes, which stay of the geopolitical interests of the hyper- insistently in the consciousness of the powers at regional and continental level. inhabitants of the Transnistrian region. The parties involved in the The strategy of the Moldovan state transnistrian conflict are: The Republic of must contain intermediate and long-term Moldova and the Russian Federation, the objectives, aimed at the unconditional and latter using the separatist regime from obligatory application of the norms and Tiraspol as a tool to achieve their long- principles of international law in the term geopolitical goals in southwestern conflict resolution process. In order to Europe - part of the former Soviet Union. achieve this objective, it is necessary from But even in the case of a more constructive the very start to eliminate the foundation of approach to the Transnistrian problem by the Transnistrian conflict, built by Russia, Moscow, it is impossible to find a super- based on its true nature and its content. In special status of the Transnistrian region, this respect, the Transnistrian conflict is whose adoption will resolve the conflict determined not so much as a struggle of automatically. Its regulation must be found the central power and of the separatist in a well thought out strategy, on the basis border regions, but as a result of the of which the Moldovan authorities will aspirations from outside, aimed at the make consecutive efforts coordinated with territorial division of the Republic of the partners from abroad, aimed at Moldova and the weakening of the eliminating the separatist regime and country's sovereignty, a process actively rebuilding the country. This is a gradual supported by Russia.

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There is no doubt that the fate of creating the premises for strengthening the the Transnistrian region must be decided in state's sovereignty, economic development, Chisinau, in strict accordance with the consolidation of the political status, norms and principles of international law, inclusively on the international arena, and the mediators and guarantors must maintaining the geopolitical balance and help it to find a mutually acceptable stability at regional level. scenario on this basis. The final decisions Thirdly, taking into account the of such decree - the agreement of the nature of the Transnistrian conflict, as well parties involved in the conflict regarding as the international nature, its regulatory the special status of the districts of the methods must be based on political Republic of Moldova on the left bank of mechanisms and diplomatic means, the Dniester and obtaining autonomy available to the Member States of the within the Moldovan state. For now, in international negotiation process of the case when the current international five parties, as well as multilateral security system has reached its limits, the organizations (UN, EU, and OSCE). The current reality has discovered the acute key element of seeking an acceptable need to look for new and more perfect format for restoring territorial integrity methods of international conflict must become the pro-active position of the management and resolution techniques. Moldovan state, which should be based on Based on these systemic premises, the a well-thought-out strategy and effective most appropriate strategy for Moldova cooperation with foreign partners would be resolution of the Transnistrian interested in stabilizing the situation in this conflict, based on the following essential part of southeast Europe and not only with principles: Russia Federation. Firstly, the international principle Fourthly, the core of the efforts to of inviolability of borders and respect for restore the territorial integrity of the state sovereignty, territorial integrity of states must be the interests of certain concrete should remain a basic one in solving the people, who live on both banks of the Transnistrian political-territorial conflict, Dniester. Only when the conflict resolution the principle of ensuring stability and becomes more profitable then the continue security, inclusively at regional level. of hostilities, some progress will be Arbitrary and willful attempts to counter registered. this principle, the right to self- In this respect, it is necessary that determination of peoples and the creation the process of peaceful regulation be taken of their own statehood, based on "regional out of the exclusive sphere of politics and identity", should be examined as a diplomacy, and a realistic and pragmatic deliberate action against the peace and active work should be carried out in order tranquility of all the countries of the given to overcome alienation, but also to region. strengthen the confidence of large The negotiation process must be population groups and civil society. In this based on and result from the unconditional direction, the work of the state-owned respect for the territorial integrity, media organizations should be activated in independence and sovereignty of the order to prepare and provide information Moldovan state, which is recognized by relevant to the media, which are privately the international community as such. owned, including the media from Russia Secondly, the methods and means and other foreign countries. This activity used by the state to restore its territorial should greatly increase the chances of integrity must first of all be aimed at advancing towards restoring the territorial ensuring the security of the country, its integrity of the country. constitutional system, real independence,

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Fifthly, with the formation of the its current policy of supporting separatism approach system in resolving political, in Moldova and, in general, of the territorial and international conflicts, it Transnistrian conflict is not profitable for should be apparent to the maximum in the Russia in the long run and does not meet specificity of the evidence and dynamics of the strategic objectives of the foreign the modern international system, which policy of its state. Only Russia's awareness reflects the contradictions of the process of of the possibility of achieving long-term forming a new world order after the end of geopolitical objectives in the south-east of the cold war. The multipolar world, Europe, of restoring its influence in the globalization and regionalization cause Republic of Moldova and Transnistria, both positive tendencies towards life, only it can cause the leaders of this country which support the stable world order, and to adopt an attitude constructive to the manifesting the ambitions of hyper powers settlement of the Transnistrian conflict. under the pretext of creating a new security If this constructive option is and stability system, especially in the refused, only the realization by Russia of Eurasian space. the loss of political capital on the Effective internationalization of the international arena can force Moscow to conflict resolution process regarding the make concessions and to lead a positive participation of the international policy for the settlement of the community in this process must be Transnistrian conflict. ensured. In this regard, Russia's intentions Seventhly, in order to reduce the to play the key role of peacemaker, as well risk of direct confrontation with Russia, it as the intermediary role through its more is necessary, as actively as possible, to use active involvement, and also the role of the the possibilities of public diplomacy and most important international structures civil society institutions aimed at changing must be balanced in order to regulate the the wrong perception of Russian society separatist crisis. It is necessary to exclude (including the elite) and the Western one situations or reduce the risk of using the that the Transnistrian conflict is an ethnic Transnistrian conflict by some participants one. The lack of progress of our state in of the settlement process to strengthen this direction can only be explained by an their status and to maintain its political inconsistent and superficial policy of the influence on the international arena. successive Moldovan governments, Sixthly, because of its limited without being actually involved in the geopolitical possibilities, Moldova can elaboration of a complex and argued create real premises for restoring its strategy for conflict resolution. territorial integrity only by convincing Eighthly, in parallel with the efforts diplomatically Russia that it would have its of informing the international public own interest in resolving the Transnistrian opinion on the true nature of the conflict with the direct and effective Transnistrian conflict as a political, support of international partners. A key territorial and international conflict, the element of this strategy must become the Government should draw the attention of definitive abolition of the idea that the the Russian and international public Transnistrian conflict has an ethnic opinion on the Russian financial and character, which will allow the negotiation economic aid, on the military, political and process to become more constructive and moral support provided, which ensures the to identify clearly the parties of the survival of the separatist regime for thirty conflict. years. The main efforts of the Moldovan This work is important, especially state to resolve the Transnistrian conflict in the period of the return of V.V. Putin to must be directed to convince Moscow that power, that should put an end to the

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influence of many interests of Russian conflicts in Georgia, officially, parts of politics in Moldova, to make it correspond these conflicts are considered to be to the strategic interests of this state, which Georgia, Abkhazia and South Ossetia, have been mentioned above, but not to while in reality the conflicts are between individuals and groups as it is now. Georgia and the Russian Federation. Namely, Putin, that is the initiator of the In both conflicts, influential powers failed Kozak Plan, understands this interest from the international arena are involved, a better than any Russian politician. fact that mainly denotes their position in In addition, the active foreign solving international conflicts. At the same policy of the Republic of Moldova must time, we could consider that this is the lead Russia to the conclusion that it is not pursuit of hyper powers own interests of in its interest to play with separatism, economic, military, geopolitical and especially when the former metropolis geostrategic nature. faces similar challenges in its own regions, In both cases there were serious such as the North Caucasus, the violations of the norms of international Kaliningrad region, the Far East with its law: in the case of the Abkhaz-Georgian uncontrolled migration flows and with conflict, the principle of non-aggression in premises for separatism. international relations was violated. In our Ninthly, in parallel with those view, in the case of the Transnistrian mentioned above, further efforts should be conflict, the violation of the principle of made to reduce the dependence of the non-intervention, the principle of Tiraspol regime on Russia and, of course, respecting the sovereignty and territorial the conditional reforms should be taken in integrity of the states and the principles of order to attract Moldovan and international conducting negotiations can be attested. In investments in the economic and social none of the cases, an adequate reaction of development of the region. This policy the international community has been should help to create democratic registered, attracting responsibility and institutions on the left bank of the Dniester, sanctioning. Both conflicts raised the as well as the possibility for constructive question of the practical efficiency of the negotiations between the political leaders international legal norms in the field and of of the two banks. the main international structures responsible for peace and security in the The main causes, which prevent the world. In both cases, the military forces of settlement of the Transnistrian conflict the hyper powers continue to be situated Trying to draw a parallel between on the territory of the opponent in conflict, the territorial conflicts from former Soviet which is likely to keep the conflict in a Union territory (Georgian and latent form. Transnistrian), it should be noted that these Over the years, the authorities of conflicts, being different, nevertheless the Republic of Moldova have failed to have some common features that develop an adequate and effective strategy practically confirm the current problems of for the settlement of the Transnistrian the settlement of the territorial conflicts in conflict. The Moldovan authorities Republic of Moldova and Georgia. In both continued to act impulsively and cases, the actual subjects of the conflict do uncertainly, relying entirely on the support not coincide with the official ones. In the of one or another partner, resting the case of the Transnistrian conflict, an responsibility for the actions taken and official part of the conflict is Transnistria. their results on the latter. In reality, however, the conflict broke out The lack of an active and well- between the Republic of Moldova and the defined policy of the Republic of Moldova Russian Federation. Regarding the in the Transnistrian problem, which is

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facing the active resistance of the Russian to Russia, as this country is actually Federation, is one of the main causes that another party involved in the conflict, prevent the settlement of the Transnistrian which, by virtue of this fact, is an conflict 1. Consequently, for more than five international one and can be reduced, in years, the parties of the conflict, but also fact, to Russia's co-operation with the UN the international mediators and observers, member country. have failed to create real premises for The tendency of the EU and US solving the Transnistrian problem, in representatives, supported by the OSCE in accordance with the norms and principles order to advance it as a key objective of of international law. the multilateral negotiation format, to The Russian Federation is intensify the dialogue and the concrete constantly using the strategy to impose the cooperation between Chisinau and international community the background of Tiraspol, speaking of the fact that the West the alleged ethnic confrontation between also perceives the conflict as an ethnic one, Chisinau and Tiraspol through as well as the tendency of the EU and the Transnistrian leaders. In approaching the United States of America to perceive specialized doctrine of the Russian simplistically the nature of conflicts in the Federation, the separatist regime, as the post-Soviet space. But most likely the spokesperson of the interests of the West, especially the United States, as we "threatened ethnic group" (the so-called have shown above, is simply wasting time, "Transnistrian people"), has the legal right wishing not to aggravate relations with to participate in the negotiation process at Russian Federation, which has no less international level as a party with full priority (say as Iraq, Afghanistan, North rights 2. In this way, Russian Federation Africa) than Republic of Moldova 3. wants to convince the other parties of the However, direct discussions between the negotiation process that the Transnistrian Government of the Republic of Moldova conflict has an inter-ethnic character and and the separatist regime in Tiraspol, thus, to justify the presence of Russian whose existence depends entirely on troops on the territory of the Republic of Russia, are meaningless, at least as long as Moldova as a mediator and guarantor. Russia will not consider it necessary to This, in accordance with the Kremlin's make concessions or at least to change its strategies, should give some legitimacy not current strategy. Until Chisinau does not only to the demands of the separatist destroy these models of international regime, but also to justify the existing perception of the situation around the ”peacekeeping” army in the Dniester Transnistrian conflict, Russia can count on security zone. the success of applying these ideas in Namely in this direction, Russian practice. Federation's basic diplomatic efforts to impose in the process of negotiating the Tactics of Transnistrian conflict equal status of the separatist regime in resolution Tiraspol are directed. Such an approach to The most favorable option for the conflict nullifies the accusations made ending the Transnistrian conflict is its solution. The political-territorial settlement 1 Magdalena Dembi ńska, Frederik Mérand, The of an international conflict means the role of international brokers in frozen conflicts: the elimination of the causes that led to its case of transnistria, in ”Asia Europe Journal” emergence, that is, in eliminating the Canada, 2019, Vol. 17, p.21 2 Ilya Galinskii, Vlada Machuga, The Moldovan- Transnistrian conflict: features of development in 3 Michael Geistlinger, The EU-neighbourhood the early XXI century , in ”Bulletin of the Moscow policy and the case of Transnistria , Зборник Region State University”, Russian радова Правног факултета у Нишу (Serbia), Federation, 2018, No.2, p.53 2015, No.70, p.28

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contradictions of the interests of the openness to systemic interaction, and on subjects in conflict 1. This requires the other hand, not to admit an open considerable effort because self-conflict is confrontation with its opponents, the practically impossible. Therefore, a cooperation which is anyway necessary for priority method of settlement of such the realization of national interests 3. The conflicts can become their regulation, i.e. use of such a balanced strategy is possible limitation of open conflict, cessation of if it is based on the analysis of the any actions of the leadership of the prognosis with multiple variants. Republic of Moldova, to be qualified as a Russian authors N. Romashkina violation of the rights of national and S. Rastoltsev believe that a solution to minorities, reducing the level of tension the Transnistrian conflict is impossible between parties, escalating tensions, without removing the objective grounds of diminishing the level of hostility in the conflict opposition, but also without relationships, refusing each participant to revealing the true, hidden interests that take unilateral actions and moving to a generate the subjective divergences of the compromise solution to the problem. conflict participants and the international According to the opinions community, which participate in the expressed in the specialized doctrine, the regulation of this 4. In this context, it is concrete way of solving the Transnistrian necessary to move step by step towards a conflict must be the balance of a series of reasonable compromise, whereby each step political agreements and negotiations, will be carefully thought out and directed which will lead to its completion. Thus, towards creating optimal conditions for according to researcher V. Serzhanova, the definitive settlement of the conflict with tendency of the Republic of Moldova the separatist regime. during a sufficiently long period to force In the opinion of the Romanian Tiraspol to accept a certain variant for researcher M. Bucli ș, the principle of normalizing the situation in the eastern ”realistic conflict settlement” should be districts of Moldova with the support of creatively applied when constructing the international partners has not produced real negotiation process, coming from the results. For this reason, it is necessary to understanding of the impossibility of focus attention on the negotiation strategy, solving the conflict at the moment, on the transfer of the negotiation process avoiding the relatively long period of from the status of the Transnistrian region, coordination of many questions. Therefore, considered by Russia to be so-called in the Romanian author's view, the main ethnically in a specific field of application methods of conflict resolution are of the principles and norms of international negotiations and mediation 5. 2 law . In order to the Transnistrian dispute 3 López Jiménez, The dissolution of the Soviet to be resolved, the balance and flexibility Union and complex state construction processes. of positions must be respected, which Two differentiated secession models in the Republic means, on the one hand, the possibility of of Moldova: Gagauzia and Transnistria, in demonstrating a commitment to clearly ”Spanish Yearbook of International Law”, 2018, Vol. 22, p. 407 defined principles for conflict resolution, 4 Natalia Romashkina, Sergey Rastoltsev, Unresolved conflicts on the post-soviet space in Europe and the role of Russia in the settlement 1 Balint Magyar, Stubborn Structures: (Transnistrian and Nagorno Karabakh conflicts Reconceptualizing Postcommunist Regimes , Central cases), in ”Strategic Stability in the 21 st Century”, European University Press, 2019, p.29 Russian Federation, 2016, No. 4(77), p. 59 2 Victoriya Serzhanova, Reflections over the Legal 5 Mihail Bucli ș, Analysis of the hybrid war effects and Constitutional Status of Transnistria, in on the security of the Republic of Moldova in the ”Przegl ąd Prawa Konstytucyjnego”, Poland, 2017, present security context, in ”Studia Securitatis”, No. 6, p. 77 Romania, 2018, No.1, p. 54

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In order to make the most active operations and the lack of a systematic use of the negotiations in the settlement of concept in this direction, it is appropriate the Transnistrian conflict, we consider it is to develop and adopt the Transnistrian necessary to use six basic elements: conflict resolution strategy and to restore 1) To insist on objective criteria for the territorial integrity of the Republic of evaluating the nature of the Transnistrian Moldova; conflict based on the concepts and norms 8) There is a need for fundamental of international law; research in the field of conflictology, the 2) To insist on the priorities of the involvement of scientists, specialized in objective interests (vital, which are not international affairs, specialists in the related to the policy) of the inhabitants on natural sciences, experts of the main non- both sides of the Dniester and of the governmental institutions in order to Republic of Moldova, in general, in order strengthen the government's strategy by to establish the approaches to the conflict scientific evaluations. resolution; 3) To focus on the interests and object of Strategies and tactics for the settlement the negotiations and not on the statements of territorial conflicts in Georgia of the official positions made by the parties Analyzing comparatively the involved in the conflict resolution; circumstances of the conflict in 4) To focus on the essence of the Transnistria with that of Abkhazia, we can negotiations and not on their form, the see that, unlike the Republic of Moldova, negotiations in which the most emotional Georgia has consolidated the status of representatives of the parties express their Abkhazia as an occupied territory with all positions. Prompt and constructive reaction subsequent consequences and respects this to possible challenges within the tripartite regime, except for the provision of commission. Exclusion from the humanitarian assistance provided by negotiation process of such discussions; international humanitarian law 1. In other 5) To attract for cooperation in solving the words, Georgia has fulfilled all the Transnistrian conflict of the leadership of conditions regarding Abkhazia as occupied the Gagauz autonomy in the context of the territory, which is under the full positive experience gained during the protectorate of the Russian Federation. period of existence of Gagauz Yeri as As regards South Ossetia, there was autonomy; a plan for the reintegration of Georgia 6) Develop mutually advantageous variants proposed by former President M. based on the clearly formulated principles Saakashvili. Initially, this plan was of international law. At the same time, it is successful because many Georgians live in necessary to review and take joint South Ossetia, and the plan put forward by decisions in order to solve humanitarian M. Saakashvili had an aim to create and social problems in the eastern districts immediately adequate living conditions for of the Republic of Moldova, in order to the population in the occupied territory 2. strengthen the trust between the citizens on The plan was not implemented because the both banks of the Dniester. However, these Russian Federation did not allow the actions, in agreement with international partners, should not lead to the amplification of the separatist regime. 1 Valeric ă Cruceru, Thougts on Abkhaz-Georgian Only rehabilitated social and economic conflict. Historical lanmarks and Russia’s relations can contribute to a responsible influence, in ”Bulletin of Carol I National Defense University” Bucharest, 2014, No.4, p. 52 approach in the negotiation process; 2 S.G. Sizov, The unrecognized States in the former 7) Taking into account the weaknesses Soviet Union and a position of Russia , in ”Bulletin existing in the Moldovan peacekeeping of Omsk University, Series Jurisprudence”, 2017, No.1(13), p. 28

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implementation of these peaceful could be the conclusion of an agreement constructive intentions. on the non-use of the armed forces In the doctrine, it was mentioned between Abkhazia and Georgia 2. that Georgia's policy, that consists of In Abkhazian society, there is a sanctions imposed on and isolation of view that the conflict with Georgia was Abkhazia, is a big mistake. Each new resolved after the Russian Federation left threat from Tbilisi reinforces the pro- the sanctions regime. This view is Russian feeling in people from Abkhazia. erroneous, as such a formulation of the On the other hand, Abkhazia must open its situation does not allow to analyze borders so that the population can travel objectively and adequate of all future freely in other states, and to inform people problems and challenges that Abkhazia about European ideas and values 1. will face 3. In this regard, a public Peaceful settlement of territorial discussion on what means the ”sustainable conflicts in Georgia is possible only if it is peace” and the price of unresolved conflict economically and politically advantageous is necessary. for Abkhazia and South Ossetia to be part Most of the inhabitants of of a Georgian state. This can become real Abkhazia and South Ossetia have received in the case of democratization of public Russian citizenship and are no longer life, overcoming the crisis and accelerated considered citizens of Georgia. Thus, the economic development of Georgia. Georgia Law No.431-Пс of 23.10.2019 Restoring Georgia's territorial integrity concerning the occupied territories 4 can be through peaceful means may be slower in applied for the imposition of fines or the time, but from a historical perspective, it is detention of residents who have previously the most fruitful way. entered Abkhazia and South Ossetia from An alternative to the peaceful the Russian Federation. We are of the settlement of conflicts in Georgia is a opinion that such uncertainty can create military force. This path is full of vices, as abuse of the law, even if the Georgian the resumption of hostilities in the area of government considers that these people are Georgian-Abhazian conflict is contrary to de facto citizens of Georgia and not of the the interests of the international Russian Federation and, therefore, do not community and threatens to destabilize the fall under the aforementioned law. Thus, situation not only in Georgia but also in the the law can prevent them from crossing the neighboring regions of the Caucasus. conflict lines. Changing the current situation The strategy of territorial conflict requires an effective interaction of all resolution adopted by the Georgian parties involved in the conflict. All parties leadership correlates with the interests of should recognize the presence of the the European Union, but discredits the conflict between Georgia and Abkhazia. European initiative for the citizens of The adoptions of normative documents that aggravate the situation in Abkhazia 2 Татьяна Бутова , Анастасия Дунаева , Никита only worsen the conflict situation and Удачин , Проблема изоляции Абхазии и пути ее delay the prospect of its resolution. The решения , in ” Интернет -журнал Науковедение ”, 2014, No. 3(22), p. 9 Georgian leadership should recognize the 3 Maria Vershina, Platon Agapov, The conflict in Republic of Abkhazia as a necessary and South Ossetia and Abkhazia and the Russian active participant in the conflict resolution Georgian relations: problems of regional and process. A significant step in this direction international cooperation, in ”Bulletin of Moscow University, Series 18 Sociology and Political Science”, 2010, No.2, p.118 1 Маргарита Ахвледиани , Грузия -Абхазия в 4 Закон Грузии №431-Пс от 23 октября 2008 среднесрочной перспективе до 2020 года , in года “ Об оккупированных территориях ”, ”Дискуссионные доклады ” Publisher https://matsne.gov.ge/en/document/download/1913 International Alert, p.48 2/6/ru/pdf, (24.08.2019)

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Abkhazia, thus creating restrictions on relations. Taking into account the analysis cooperation and contact between the that was carried out in the present European Union and Abkhazia. In this scientific approach, we emphasize that the regard, it becomes necessary to position state structure adopted by each nation can the strategy as an independent initiative determine and influence the way of which does not establish as the main exercising sovereignty. It can determine objective "restoring territorial integrity" of the surrender of some attributes of Georgia 1. The practice shows that the sovereignty or it can limit the sovereignty Georgian leadership is trying to discredit to a degree that it would not affect the all possible Abkhazian attempts to interests of the state and the people. communicate independently with EU States intentionally and consciously countries. Aware of this, Abkhazia should delegate some of their sovereignty to manifest collaboration abroad. international organizations, supra-state Through its actions, the Georgian structures or jointly exercise certain Government promotes the tactic of powers within a state, in order to manage ”declaring an objective and moving in the jointly certain fields with other states and opposite direction from it”. Georgia to harness certain ideas, values, projects declares the need to maintain territorial through international cooperation 3. Thus, integrity and return Abkhazia and South the integration of the state in certain Ossetia, but forcing international isolation international or regional structures does of these territories, Georgia strengthens not cancel its sovereign character. their separatism 2. The attempt by the In modern conditions, the notion of Georgian authorities to prevent foreign the principle of territorial integrity is investments from entering Abkhazia and unquestionable which is true and fixed in South Ossetia leads to a doubling of the the Constitutions of most states. For Russian monopoly in the economy of these several centuries, the territory is the main republics. In this way, the isolation of criterion of the state. In international law, Abkhazia and South Ossetia from the it has been stipulated that the principle of Western influence does not promote territorial integrity means full sovereignty democratization, but, on the contrary, leads of the state throughout its territory 4. This to further alienation of these republics principle is one of the most important in from the rest of the world and leaves only international law and regulates relations one option - the proximity to the Russian between states. Federation. In contemporary interstate relations, the principle of territorial Territorial integrity of states on integrity is related to ensuring the security international, legal and geopolitical of the state, guaranteeing the protection dimensions against external invasions on its territory Regardless of the form of state and forced changes of its territorial structure, government or political regime, borders. Therefore, according to the UN states remain legally equal, having the Statute, the states are obliged to respect the same rights as subjects of international law territorial integrity of each Member State

1 A.O. Lasaria, Dynamics of a peaceful settlement of the Georgian-Abkhaz conflict (until the August events of 2008) , in ”Bulletin of the Peoples' 3 Ion Guceac, Ansamblul tr ăsăturilor distincte ale Friendship University of Russia. Series Political suveranit ății și independen ței în condi țiile statului Science”, 2017, Vol. 19, No.3, p.322 federativ și confederative , in ”Studia Universitatis, 2 Ahmad Jansiz, Mohammad Reza Khojaste, Seria Ştiin ţe Sociale” Republic of Moldova, 2017, Conflicts in the Caucasus Region and Its Effects on No. 3 (103), p.146 Regional Security Approach, in ”Journal of Politics 4 Nathan Shaw-Malcolm, The International Law of and Law”, Canada, 2015, Vol. 8, No.1, p.85 Territory, Oxford University Press, 2018, p.103.

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and not to take any actions which represent has an influence on one principle or a threat to their territorial integrity. another, and their fulfillment depends on In international law, the idea was the will and commitment of the states, their established that the principle of territorial essence and not on the use of integrity of the state means full sovereignty interpretations exclusively for the benefit over its entire territory. This principle is of one of the parties 3. At the same time, one of the most important in international this means that the attention of the law and regulates relations between states 1. international community and the strict Of course, the principle of territorial respect by its members of the territorial integrity serves as a basis for the existing integrity of the states will depend to a large world order. To revise or question it means extent not only on the geopolitical putting the world into the brink of conflict, distribution of forces but also on the fate of which will not only undermine the the new global order formation. foundations of international tensions but Applying the principle of territorial may also lead to the advent of ”chaos in integrity, first of all, implies the existence the world”. of internationally recognized borders. If Unchanged borders and territorial there is no such basis, then the principle integrity are the guarantors of the stability itself ceases to work. Precisely for this of both national and international relations. reason, in the practice of international The conquest and independence wars of relations, there is the rule that the states the twentieth century determined the would refrain from recognizing the new international community to recognize country if it had territorial problems, territorial integrity as a basic principle and because it actually involved that the state its acceptance at the international level and recognized it during an unresolved in national laws. conflict. Currently, territorial problems are The territorial integrity of the state some of the most acute problems of the is ensured by the unity of the state power system of relations between states, but also system. The unity of the state power is within them. They are directly related to guaranteed by the Constitution, which the establishment of sovereign power in defines a single territorial, political and states in a certain region of the world or to legal space of the country, the building the preservation of a people's principles of the state, central and local independence, a declaration of its power systems, which give the state the geopolitical identity and civilization 2. The form of an integral unit. Thus, in unity of the constitutional space and its accordance with Article 3 of the combination with the territorial and state Constitution of R.M 4. (1) The territory of integrity of the modern states constitute the the Republic of Moldova is inalienable; (2) basis of the activity of all structures and The borders of the state of the Republic of institutions of the state power. Moldova are established by organic law, The current state of the legislative respecting the unanimously recognized norms in the field of sovereignty, territorial principles and norms of international law . integrity and self-determination shows Also, in Article 11 of the Constitution of that, as in the past, the geopolitical factor Republic of Moldova it is stipulated that

1 Cedric Ryngaert, Jurisdiction in International 3 David Björgvinsson, The intersection of Law. Second Edition, Oxford University Press, international law and domestic law: a theoretical 2015, p.65 and practical analysis , Cheltenham: Edward Elgar 2 Guyomar M. Territorial Belonging – Inclusion Pub Ltd, 2015, p.113 and Exclusion from State Territories, in ”European 4 Constitu ția Republicii Moldova , 29.07.1994, Review of Public Law”, Greece, 2017, Vol. 29, Monitorul Oficial al Republicii Moldova, 1994, No.1 (103), p.21 No.1

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(1) the Republic of Moldova proclaims its After the adoption of the Statute of permanent neutrality; (2) The Republic of the United Nations (UN) 2 on June 26, Moldova does not allow the deployment of 1945, the legal protection of territorial military troops of other states on its integrity, the inviolability of states and the territory . Regarding the administrative- self-determination of the peoples territorial status of the localities in the intensified substantially. The fixation in a Transnistrian region, in the Constitution of series of UN resolutions and their R.M. (art. 110 para. (2)), it is regulated that subsequent approval in the international special forms and conditions of autonomy treaties and agreements of the states made may be assigned to the localities on the left the law on territorial integrity and the right bank of the Dniester in accordance with to self-determination to have much greater the special statute adopted by the organic authority contributed to their strengthening law . and to wider recognition. Similar regulations are found in the Under modern conditions, the Constitution of Georgia, adopted on principle of territorial integrity and the August 24, 1995 1. Thus, in article 1 st of the inviolability of borders must be respected Constitution it is stipulated that Georgia in order to ensure global peace and shall be an independent, unified and security of states. But in practice, the indivisible state, as confirmed by the realization of these principles is closely Referendum of 31 March 1991, held linked to the political interests of the states, throughout the territory of the country, which, after reaching their goals, violate including the Autonomous Soviet Socialist these principles 3. There should be Republic of Abkhazia and the Former mentioned that the current international Autonomous Region of South Ossetia . community does not have effective tools - Also, in Article 2 of the Constitution, it is legal norms and mechanisms for their indicated that (1) The territory of the state implementation by which the resolution of of Georgia shall be determined as of 21 the separatist conflicts could be directed December 1991. The territorial integrity of and accompanied by a system of sanctions Georgia and the inviolability of the state against offenders. frontiers, being recognized by the world Attempts to change the borders of community of nations and international states without their consent have always organizations, shall be confirmed by the been an expression of aggression, which Constitution and laws of Georgia. (2) The has often led to war. But even today, it is alienation of the territory of Georgia shall not possible to avoid armed conflicts be prohibited. The state frontiers shall be between states about territorial disputes. In changed only by a bilateral agreement this context, a threat to the security of concluded with the neighboring State. (3) states and their territorial integrity The territorial state structure of Georgia represents ethnic, regional and local shall be determined by a Constitutional conflicts, which violate stability not only Law on the basis of the principle of in a particular country but also can cause a circumscription of authorization after the conflict situation in the region and complete restoration of the jurisdiction of throughout the world. Georgia over the whole territory of the country.

2 The Charter of the United Nations signed on 26 June 1945, in San Francisco, https://www.un.org/en/charter-united-nations/, (04.09.2019) 1 Конституция Грузии принята 24 августа 1995 3 Cedric Ryngaert, Jurisdiction in International года , Ведомости Парламента Грузии , 1995, No. Law Second Edition. Oxford University Press, 31-33 2015, p.126

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An important right that contributes emergence of a new type of threats to to ensuring the territorial integrity of states national and international security, on the international, legal and geopolitical international law as a civilized landmark in levels is the right of the people to self- relations between states becomes much determination until separation. The right of more necessary than before. peoples to self-determination means the In order to gain the international right of ethnic communities recognized by recognition of Transnistria's independence, the international community to determine Russian doctrines employ the right of the their status until the formation of an people to self-determination, emphasizing independent sovereign state if their that in the case of Transnistria the right of existence is threatened by the incumbent the people to independence and the right to nation 1. internal self-determination should be In the specialized literature there respected. In the same context, insisting on are two approaches to the right of the the principle of equality of subjects within people to self-determination, namely: the a ”common state”, the Tiraspol authorities right of the people to independence and the are trying to "institutionalize" the regional right to internal self-determination 2. The identity of Transnistria as a distinctive one. choice of approach depends on each As an argument for Transnistria's situation, but today, in most cases, the right regional identity is used the historical fact to self-determination with declaring of the creation of the Moldavian independence is blocked by the obligation Autonomous Soviet Socialist Republic to maintain the territorial integrity of the (MASSR) on October 12, 1924 by the states. The right of peoples to self- Central Ukrainian Executive Committee, determination until the separation has as an ”autonomous” territorial entity on the given rise to a special type of conflict, left bank of the Dniester River in the which is based on the desire of ethnic composition of the Ukrainian SSR 4.The minorities to realize their right to self- establishment of the respective Moldovan determination in the form of an unit was initiated by military leader independent state formation. Grigore Kotovsky and included the Analyzing the current state of the Transniestrian rayons of today's Republic norms of law in the field of sovereignty, of Moldova, plus the Ananiev, Balta, territorial integrity and self-determination, Bârzula, Codâma, Cruteni, Ocna Ro șie and it is necessary to conclude that, as in the Pesceana rayons in the current Odessa past, the geopolitical factor exerted its region of Ukraine 5. Initially, the official influence in favor of one or another capital of the autonomous republic was principle, and its realization depended on proclaimed ”the temporary occupied city the will and the commitment of the of Chisinau”, and from 1929 until the subjects in regard to the essence of international law 3. At the same time, under the conditions of globalization and the 4 Alex Voronovici, The Year 1924. Justifying Separatism: the Establishment of the Moldovan 1 Krzysztof Wojtyczek, Territory and the Principle ASSR and History Politics in the Transnistrian of Territoriality in Public International Law, in Moldovan Republic , in ”Plural. History. Culture ”European Review of Public Law”, Greece, 2017, Society. Journal of History and Geography Vol. 29, No.1 (103), p.22 Department, „Ion Creangă” State Pedagogical 2 Kjeldgaard-Pedersen A., The International Legal University, Republic of Moldova, 2015, No.1, Personality of the Individual , Oxford University p.141 Press, 2018, p.19 5 Олег Галущенко , Год 1924: создание 3 Guyomar M., Territorial Belonging – Inclusion Молдавской АССР , in ” Науковий вісник and Exclusion from State Territories , in ”European міжнародного гуман iтарного університету . Review of Public Law”, Greece, 2017, Vol. 29, Сер iя: I стор iя. Фiлософ iя. Пол iтолог iя”, Ukraine, No.1 (103), p.19 2013, No 5, p.8

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abolition of the autonomous republic form of active confrontations and clashes (1940), the capital was in the city of Balta. (armed or unarmed) of parties of the By the creation in 1990 of the conflict, we conclude that its solution is ”Dniester Moldovan Republic”, the revival much more difficult and complex in of this social-political project took place, comparison with the settlement of this time it was called ”the Transnistrian international disputes. people”. Analyzing more deeply the nature Due to its severity, the international of this ”new regional community”, it can territorial conflict needs to be finalized be understood that there is no difference both by political-diplomatic means and, in between the pseudo-idea of the regional some cases, by the use of force (another identity of ”Transnistrians” and the old criterion that differentiates it from the idea about the ”Soviet people” which also international dispute). Despite the fact that claimed a supranational status. an effective conflict resolution is possible Despite the fact that the Russian- only if both parties analyze their speaking groups, initiated by contradictions and decide on mutually Transniestria's leadership, are considered acceptable solutions, however, the special to be an independent supranational role of third parties in the conflict community, this is to the detriment of the resolution process cannot be denied, which majority ethnic group, that of the only has to contribute to the proximity of Moldovans, as well as other ethnic and the parties and their determination to sit at cultural minorities living on the shore of the negotiating table. the left bank of the Dniester. This is the The intervention of the third parties reason why the leadership of these in the resolution of the conflict is a Russian-speaking groups in Transnistria necessary, as well as complicated moment, supports the actions of the Russian because, depending on the interests Federation in Georgia and considers that pursued, the third party can contribute to the former metropolis must carry a similar both the resolution of the conflict and its policy to the eastern borders of the former aggravation or, at least, its maintenance. USSR, as regards the self-proclaimed The intervention can take place both in the ”Transnistrian republic”1.In context, the context of the negotiations and through the ideologies of anti-Moldovan separatism in use of force in order to stabilize the Transnistria are increasingly insisting on situation and bring it under control, so that the recognition of the right of the the diplomatic negotiations can be ”Transnistrian people” to establish their initiated. In both cases, the intervention of own political status in the form of third parties entails certain risks, that is to independent and sovereign state or a state say, it can generate certain political and with a special status within the Republic of legal problems. In this respect, the most Moldova 2. serious problem lies in the distorted role Taking into account the fact that that the third party can play in the the international territorial conflict implies negotiation process. By its vicious the situation of maximum aggravation of conduct, the third party can pursue the the contradictions in the sphere of realization of their own interests to the international relations, expressed in the detriment of the interests of the parties of the conflict, thus seriously violating the 1 Krzysztof Wojtyczek, Territory and the Principle norms of international law. of Territoriality in Public International Law , in Regarding the Transnistrian ”European Review of Public Law”, Greece, 2017, conflict, we emphasize that, essentially, the Vol. 29, No.1 (103), p.23 2 Nina Shevchuk, Settlement of ”Identity cause of the failure to resolve this conflict Conflicts”: the Case of Transnistria , in does not lie in the impossibility of the ”International Trends”, Russian Federation, 2016, parties (of the Republic of Moldova and No. 3(4), p.106

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Transnistria) to agree on mutually Russian Federation comes to the advantageous solutions, but in the involvement of a third party in conflict, implication of Russia as a ”third party” and leading to internationalization. This its efforts to implement its own interests in implies that the whole corpus of the region. Respectively, the solution of international humanitarian law should be the conflict may consist either of removing applicable to the conflict, thus offering a Russia from the negotiation process and more expansive protection regime to those the peacekeeping mission (at the moment involved in and affected by the conflict. practically unrealistic and impossible), or The evolutions related to the accepting the model proposed by this Transnistrian settlement process clearly country for conflict resolution, which is show the support of separatism by the known to contravene all aspects of Russian Federation, which has, in fact, a interests of The Republic of Moldova as a triple status: a state that encouraged the sovereign and independent state (also outbreak of separatism and which, in fact, unattainable solution). controls the Transnistrian region of the Taken as a whole, the Transnistrian Republic of Moldova in military, conflict eloquently demonstrates that the economic, financial aspects etc.; as process of managing international conflicts mediator in the process of negotiations and is only apparently carried out according to guarantor of the agreements reached; a the unanimous legal framework established party directly interested in conflict and recognized by the international resolution. These moments prove community. De facto , this process is persuasively that the Transnistrian conflict dominated by the stronger states, which is an international conflict, all the more seek to satisfy their own interests. This fact since all decisions are taken by Russia on also denotes the inefficiency of behalf of Transnistria. international structures to apply the The fact that an international legal international legal framework to the great regime, especially an expansive legal powers of the world, being unable to regime, can be considered to be applicable influence them and even more to sanction in the Transnistrian region is all the more them. significant, given the region's status as a de Speaking of peaceful measures to facto state that has no obligations and the resolve international conflicts using such possibility to apply the international coercive measures as retaliation, repression standards and norms, leaving the (embargo and boycott), break of population of the region without any diplomatic relations, it should be international legal protection. The regime mentioned that despite their priority over of international humanitarian law would the use of force in resolving conflicts, they provide a certain level of protection for the are likely to exacerbate the relationships population, prescribing war crimes, such as between the parties of the conflict, which rape, murder and torture, protecting are already in tension. That is why, it is civilian goods, and providing an option for preferable to apply these measures only in criminal prosecution of alleged offenders. the form of sanctions imposed by the Generalizing, we argue that the international community (the relevant main problems that face the settlement of organizations in the field). contemporary conflicts often prove to be of Following the analysis of the facts the nature of those mentioned above. This related to the Transnistrian conflict and the can be explained by the fact that, in international legal framework in this field, essence, the conflict triggering and it can be concluded that this conflict is an resolution in most cases is confined to the international one. The central point in this conflict management policy promoted by determination is that the role of the the great powers of this world, which

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recognize and adhere to international legal 12. ”International Trends”, Russian norms, but de facto act according to their Federation, No.3 (4), 2016 own interests. In our view, the only 13. ”Journal of Politics and Law”, solution that can destroy the effect of such Canada, Vol. 8, No.1, 2015 a policy is the optimization of the 14. ”Plural”, Republic of Moldova, No.1, international legal framework and the 2015 strengthening of the capacities of the main 15. ”Przegl ąd Prawa Konstytucyjnego”, international structures, which will not Poland, No.6, 2017 admit in any case fighting and preventing 16. ”Spanish Yearbook of International any unilateral and unauthorized reactions Law”, Vol. 22, 2018 that represent the possible challenges of 17. ”Strategic Stability in the 21 st the contemporary world. Century”, Russian Federation, No.4 (77), 2016 Bibliography 18. ”Studia Securitatis”, Romania, Vol. XIII, No.1, 2018 Books 19. ”Studia Universitatis, Seria Ştiin ţe 1. Ryngaert, Cedric Jurisdiction in Sociale”, Republic of Moldova, No. International Law. Second Edition. 3(103), 2017 Oxford: University Press, 2015 20. ”Зборник радова Правног факултета 2. Björgvinsson, David, The intersection у Нишу ”, Serbia, No.70, 2015 of international law and domestic law: a 21. Олег Галущенко , Год 1924: theoretical and practical analysis , создание Молдавской АССР ,/ Науковий Cheltenham Edward Elgar Pub Ltd, 2015 вісник міжнародного гуман iтарного 3. Pedersen A., Kjeldgaard, The університету . Сер iя: Iстор iя. Фiлософ iя. International Legal Personality of the Пол iтолог iя (Ukraine), 2013, №5, ISSN: Individual , Oxford: University Press, 2018 1607-2648 4. Malcolm, Shaw, Nathan, The International Law of Territory. Oxford Documents University Press, 2018 22. Constitu ția Republicii Moldova , 29.07.1994, Monitorul Oficial al Journals Republicii Moldova, 1994, No.1 5. ”Asia Europe Journal”, Canada, Vol. 23. The Charter of the United Nations, 17, 2019 signed on 26 June 1945 6. ”Bulletin of Moscow University”, 24. Закон Грузии №431-Пс от 23 Series 18: Sociology and Political Science, октября 2008 года “ Об оккупированных No.2, 2010 территориях ” 7. ”Bulletin of Omsk University”, Series 25. Конституция Грузии принята 24 “Jurisprudence”, No.1 (13), 2017 августа 1995 года , Ведомости 8. ”Bulletin of the Moscow Region State Парламента Грузии , 1995, No. 31-33 University”, Russian Federation, 2018, No.2 Internet 9. ”Bulletin of the Peoples' Friendship 26. https://matsne.gov University of Russia. Series Political 27. https://www.international-alert.org/ Science”, 2017, Vol. 19, No.3, 2017 28. https://www.un.org 10. ”Bulletin of “Carol I” National Defence University”, Romania, No.4, 2014 11. ”European Review of Public Law”, Greece, Vol.29, No.1 (103), 2017

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HUMAN SECURITY

Mehdi LAHLOU (1) University Mohamed V, Rabat, Morocco Mounir ZOUITEN (2) University Mohamed V, Rabat, Morocco

RELIGIOUS GOVERNANCE IN MOROCCO: DEMOGRAPHIC, SOCIO- ECONOMIC AND POLITICAL CONTEXT

Abstract: In Morocco the administration/management of the religious sphere falls entirely within the authority of the king, who is also the head of the Executive power, the President of the Judicial authority and the Commander-in-chief of the armed forces. According to the article 41 st of the Constitution, the King, Prince (Commander) of the Faithful (Amir Al Mouminine), sees to the respect for Islam. He is the Guarantor of the free exercise of beliefs. He presides over the Superior Council of the Ulema (Conseil superieur des Oulema), charged with the study of questions that he submits to it. This Council is the sole instance enabled to comment and to edict religious consultations (Fatwas) before being officially agreed to, on the questions to which it has been referred and this, on the basis of the tolerant principles, precepts and designs of Islam. Keywords: Morocco; Religion; Demographic; Radicalization; Islam Contact details of the E-mail: [email protected] (1) (2) authors: Institutional (1) Researcher senior, INSEA/University Mohamed V, Rabat, Morocco affiliation of (2) Professor, University Mohamed V, Rabat, Morocco the authors: Institutions (1),(2) University Mohamed V, Ave Nations-Unies, Rabat, Morocco address:

Introduction region, from Algeria to Iraq, passing by Morocco is a country, in the North- Tunisia, Libya, Egypt or Jordan, while the West of Africa, 14 km far from Spain, of other is that it represents a sort of about 36 million people. The Moroccan exception within the Arab world. When it population is presented as almost totally comes to this second point, Morocco is Muslim. 99% of Morocco’s inhabitants are generally considered, among the Arab considered as Muslim. But, such world, as a democracy, with a ”multi- stratification is, in fact, only statistical. In party system”, local and national elections, reality, the census does not provide any a parliament functioning formally since the question about the religion of the beginning of the sixties of the last century, interviewees or whether they are practising even if it has any important power. The or not. Also, any survey has never been fact is that the real powers in the country leaded in Morocco concerning such a are held by the King, who is not subject to subject, i.e. what are the parts of Muslims, election, is not politically responsible, so no-Muslims, follower, no-followers, etc. even he is the Chief Commander of the Morocco has known during its Army, the Head of the Ministers council, recent history – especially since the the head of the Justice Authority and the seventies of the last century - two head of National security Council, etc. predominant developments, one of which Another manifestation of this makes it similar to the rest of the MENA ”Moroccan exception” is illustrated by the

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form and the consequences of the so called religious respect vis-à-vis of the Arab spring which were initiated and king/sultan/roi. The King is ”Amir Al leaded in Morocco, at the beginning of Mouminin” and for a part of the 2011, by the ”20 February” movement. population, he is the ”Representative of This movement, supported by the God on earth”. radical socialist opposition parties These two considerations make it (represented by all the socialist movements possible that the medium class didn't except the USFP - Union Socialist des contribute to the protests and also that a Forces Popular) and by many Human part of the Islamism movements, not only rights associations as by some associations didn't walk with the protesters, but did of non employed persons - leaded a series support the King and condemn the of important protests in almost 150 cities, protests. It's particularly the case of the especially in the most important ones like PJD (The Party for Justice and Rabat, the capital, Casablanca, Fès, or Development, the brother of the Tunisian Tangiers. movement, Ennahda) which is rolling the The main demands of the protesters Government in Rabat since the beginning were, as in the other Arab countries: of 2012. It also the case of the • The reform of the state; ”Boutchichi” association, a very strong • The fight against corruption; Soufi organization based in the Eastern • The independence of the justice system; part of Morocco, which organized a great • The separation at the head of the state street demonstration calling to vote for the between politics and affairs and between Constitutional reform as proposed by the politics and religion, i.e. the constitution of King on June 2011. At that stage, when a Civil State; radical movements are taken into account, • The reduction of the social gap within their opposition is directed more towards Moroccan population/less social injustice; ”Social deviations” and impious foreign • The eviction of some regime symbols powers/governments than towards the represented by some friends of the King Monarchic system and the King, as that and other persons very close to him. most of these movements are considering But, in opposition with what the latter the ”Protector of Islam”. happened in Tunisia, where the street said ”Ben Ali degage”, or in Egypt where the Demographic and socio-economic protesters did the same with former background, a potential base for President Houssni Moubarak, the street radicalization didn't say in Morocco ”le roi dégage, The number of Moroccans was multiplied by almost 3 times between 1961 Mohamed VI go away”. It only expressed 1 the will/hope for deep reforms, for more and 2019 , as shown in the table below, justice, more jobs, more dignity, less passing from 11,89 million to 35,67 corruption, less inequality between men million in 58 years. and women, etc. At that level, we have one of the most important differences vis-à-vis of the protests in the rest of Arab countries where the revolution started. Another difference, concerning Islamist movements, including the radicals among them, lies in the deep nature of the 1 The data for 1961 and 2014 are from a back Moroccan politic system. So, the projection on the basis of the results of the general Monarchy is very old in Morocco, it´s census of population and houses of 1961, 1971, founded on an historical legitimacy. It's 1982, 1994, 2004 and 2014. From 2014, it is the also founded, relating to that, on a strong updating of population projections based on the results of the Census 2014.

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they were 84,000 foreign residents of Urban Year Total Urban Rural population/ whom 33,615 Europeans, including 21,344 Total % persons from France and 22,545 sub- 1961 1.897 3.547 8.350 29.81 2 1971 15.379 5.409 9.969 35.17 Saharan Africans . Beside this population, 1982 20.419 8.730 11.689 42.75 in late 2013, Moroccan authorities 1994 26.073 13.407 12.665 51.42 2004 29.891 16.463 13.428 55.07 estimated that there were more than 45,000 2014 33.848 20.432 13.415 60.36 irregular immigrants living in Morocco 2019 35.675° 22.439 13.236 62.9 immediately prior to the start of an Table 1. Evolution of the Moroccan Legal ”Exceptional Regularization Process” 3, population by Area of Residence which was conducted in the framework of (1960-2019) 1 a New Migration Policy decided on the

same date by the Moroccan authorities. The birth rate, after peaking at over There is no census, and there have 2.7% between 1969 and 1972, has started never been any field surveys in Morocco to decline since then. It reaches today the on ethnic or religious background. But, the rate of 1.25%, one of the lowest in Africa. most commonly held estimates suggest However, if the growth rate of the that about 99% of Moroccans are supposed population as a whole has been reduced, to be ”Sunni Muslims” religiously or that which relates to the urban population culturally. The numbers of the Jewish has strongly increased leading to the minority has decreased significantly since multiplication by 6.32 times of the latter's the creation of the State of Israel in number, as shown in the table 1 below and Palestine, in 1948. Today there are about the figure hereafter. 3,000 Moroccan Jews inside the country. This means, in particular, that the There is a small, but apparently, growing main important issues such as housing, minority of Moroccan Christians made of unemployment, security or migratory local Moroccan converts. There is a small pressure would now be concentrated in the community of ”Shiaa” Muslim converts cities. On another side, Morocco is a and Bahaïs, but of unknown numbers. demographically young country with 27% of its population under the age of 15 and

18% between the ages of 15 and 24, 42% between 25 and 54 years, 7% between the ages of 55 and 64 and just 6% 65 years and older. The median age of Moroccans is just 29 years old as of 2018, with a life expectancy of about 75 years of age.

Morroco 2019. Population: 35,67 million. In addition to the 35,67 million Moroccans listed in the table above, nearly 5 million Moroccans are living abroad today, including nearly two thirds in Europe. When it comes to the foreigners 2Haut Commissariat au Plan, Les résidents living regularly in Morocco, in 2014, year étrangers au Maroc , https://www.hcp.ma/search/Les+residents+etranger of the last general census in the country, s+au+Maroc/, (15.05.2020) 3 Istituto Affari Internazionali, Migration Dynamics 1 Haut Commissariat au Plan, Rabat, Morocco, in Play in Morocco: Trafficking and Political https://www.hcp.ma/Population-du-Maroc-par- Relationships and Their Implications at the annee-civile-en-milliers-et-au-milieu-de-l-annee- Regional Level , par-milieu-de-residence-1960-2050_a677.html, https://www.iai.it/en/pubblicazioni/migration- (15.05.2020) dynamics-play-morocco, (15.05.2020)

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Figure 1: The Evolution of Urban and Rural Population (1980 – 2018) 1 ------Total population ------Urban population ------Rural population

Figure 3: The evolution of un-employment rates among different categories on Moroccan population

1 Haut Commissariat au Plan, https://www.hcp.ma/Population-du-Maroc-par-annee-civile-en-milliers-et-au- milieu-de-l-annee-par-milieu-de-residence-1960-2050_a677.html, (15.05.2020)

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Figure 2: Age pyramid of the total population of Morocco in 2019 1

1 Haut Commissariat au Plan, https://www.hcp.ma/Projections-de-la-population-totale-du-Maroc-par-age- simple-et-sexe-2014-2050_a2209.html, (15.05.2020)

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Among the major challenges posed more than men, with prevalence of 14% by the structure of the Moroccan and 8.4%. This finding is more noticeable population, that is to say mainly its youth, in urban areas where the unemployment there is unemployment, in addition to the rate reached 24.3% for women against low level of national income and the high 11.4% among men. level of illiteracy among adults. The unemployment rate increases Concerning these last elements, the with the level of qualification. It happens, available Socio-Economic data show that and 3.4% among those with no Morocco, and its population, can be qualifications to 17.2% for graduates. It is considered in a situation of relative 14% for middle school graduates and 23% poverty, including within the Arab world. for those with a higher degree. It remains Indeed, with a total Gross Domestic relatively higher amongst certain Product (GDP) of 103,61 billion categories of graduates including US$ (estimate 2018), the income per particularly the holders of advanced capita equals 2,832 US$ 1; degrees awarded by the faculties (25.9%), Considering the Index of human certificates for professional specialization development (IDH), Morocco has been (24.2%), technicians’ diplomas and middle ranked 123 rd in the UNDP 2018 report managers (23 %) and professional among 189 countries, down from 122 in qualification certificates (21.4%). 2016. Thus, Morocco is ranked “medium” All the elements mentioned above - in human development group with an HDI which would be developed later, in of 0.667 out of 1 (0.598 for women and particular taking into account social and 0.713 for men) after Egypt (ranked 115), spatial inequalities in the distribution of Palestine (ranked 119), and Iraq (ranked income and access to basic social services 120). And also, after Algeria, ranked 85 th - objectively constitute a basis for religious with “high” levels of human development radicalization, in the absence of other with an HDI of 0.754, Lebanon (80); modes of political expression aimed at Tunisia (95); Jordan (95); and, despite its improving the access of the least well-off conflict, after Libya (105) also ranked social categories to a better standard of “high.” This ranking also takes into living. account the fact that the rate of illiteracy in Morocco continues to be high, since it still Historical background of state- reaches nearly 32% of the adult organized religion relations and current population, one of the highest rate in the institutional structure for governing Arab world. religion and religious diversity: central When it comes to the situation on role of the King the labour market in Morocco, the highest Any analysis of the politico- unemployment rates are still the lot of religious field in Morocco, and in young people, women and graduates particular the relatively late emergence of persons, living in urban areas, according to Islamist players in the Moroccan political the High Planning Commission. Thus, and social sphere must take into account unemployment rate reached 26.5% in 2017 the importance of the long term. among young people aged 15 to 24 (see We are indeed tackling a figure 3 below) and 43.2% among urban phenomenon taking place in a country that dwellers of the same age has been ruled since the sixteenth century group. Unemployment affects women by a dynasty claiming to be a descendant of the Prophet, and whose existence is 1 Classement de pays Africains par PIB en 2018, based on an arbitrary religious power https://malijet.com/actualite_internationale/210510- between the different components of the classement-des-pays-africains-par-pib-en- Moroccan society. This dynasty was at the 2018.html, (22.05.2020)

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origin of certain ”modernization” attempts which had a lasting impact on the in the nineteenth century, and in 1912 it Moroccan cultural substratum, and accepted the French protectorate under the constitute a key element of this Moroccan pressure of the colonial system and then ”exception”. used this new situation to establish its Another characteristic that defines legitimacy over the entire territory (as the the nature of the Moroccan monarchy and Sultan's/King’s authority was exerted only its religious legitimacy is that it holds both partially throughout the territory). The a Dynastic and a Religious legitimacy, legacy of this past consists of a certain which corresponds to what the German- form of religious legitimacy, to which was born American historian Ernest added a new form of legitimacy due to the Kantorowicz calls the theory of ”The two commitment of the monarchy alongside bodies of the king” 1. the nationalists. Moroccan Islam is These two bodies combine the officially Sunni, but historical Islam is a human, the divine and the Caliph at the complex and diverse religion, and has the same time. Therefore, the Monarch will capacity to adapt to social demand and not only be ”chosen” by the grace of his particular context of the country. own personal virtues, but also because he Since its independence in 1956, is a member of a sacred prophetic filiation Morocco has made the choice to build its that makes him different from the others. own reference of a nationalized and Besides, the concept of ”Cherifism” - to be territorialized Islam. This ideological a descendent of the prophet and to make of construction, reinforced by the very early it a title of sovereignty -, means that power religious public policy, refers to is not just a matter of secular governance ”Malikism” (linked to Imam Malik) as the and personal qualities, but is also a matter unique rite, unlike other Arab-Muslim of legitimacy and diffuse sacredness 2. In countries where many rites coexist. The the aftermath of the independence of all choice of the ”Malikite” rite is not a newly the Maghreb countries, the new states had made choice, it is based on a long to face new challenges to meet multiple historical maturation that resulted from the expectations, by adopting an approach that combination of the know-how of corresponds to their own historical path. Andalusian clerics settled after the For its part, Morocco has suffered little Reconquista and the Amazigh (Berber) from the ”hormonal imbalances” of Puritanism known to be pragmatic and colonization, compared to the Algerian rigorist. neighbour. As a result, the current political After the independence of approach insisting on adopting a national Morocco, the Monarchy – characterized by project of ”Moroccan Islam” based on a complex legitimacy – was put under the ”Malikism” to protect it from international stress test of the profane reality: ”to salafism does not come from nowhere. It is connect the political power of the historical based on three historical reasons: time to the prophetic power of the sacred • The Moroccan dynasty has been in time”. The 1980 s were decisive in the power for 12 centuries since it started by a organization of the religious space in descendant of the Prophet who came from Morocco. In fact, in 1984 the public the Levant at the request of local Berber tribes; • The unique situation of Morocco as the 1 Ernst H., Kantorowicz, The King's Two Bodies A only Muslim country not to have been Study in Medieval Political Theology , Editions conquered by the Ottoman empire; Paperback, 2016 • Early relations with Europe thanks to its 2 Saghi, Omar, Comprendre la monarchie geographical and historical proximity marocaine , Editions La Croisée des Chemins, Paris, 2016

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powers initiated the reorganization and as ”a sovereign Muslim State, attached to control of the religious field. its national unity and to its territorial Thus, in an international context integrity, the Kingdom of Morocco intends particularly marked by a return of the to preserve, in its plenitude and its religious aspect incarnated by an diversity, its one and indivisible national unprecedented event in the history of the identity. Its unity is forged by the Islamic world, namely the Iranian convergence of its Arab-Islamist, Berber revolution and the establishment of a and Saharan-Hassanic components, fundamentally Shiite state that controls the nourished and enriched by its African, entire society by imposing a total religious Andalusian, Hebraic and Mediterranean order, a mobilizing religious frame of influences. The pre-eminence accorded to reference has popped up all over the the Muslim religion in the national Islamic world. This religious frame of reference is consistent with the attachment reference was determined to supplant of the Moroccan people to the values of ”militant ideologies” that marked the openness, of moderation, of tolerance and world in the twentieth century, to replace of dialogue for mutual understanding them with a religious order that aims to between all the cultures and the undermine the dominant political and civilizations of the world”. As to the article ideological system, and substitute it with a 3 of the same constitution, it states that pure religious model! ”Islam is the religion of the State, which Morocco did not escape this guarantees to all the free exercise of ”spectrum” that haunts the Muslim Arab beliefs” 1. world. To better understand this Concerning the administration / unprecedented mutation, its modes of management of the religious sphere, it falls expression and its management by the entirely within the authority of the king, Moroccan monarchy – which was anxious who is also, according to the constitution, to remain the central producer of the the head of the Executive power, the political order and its values –, it should be President of the Judicial authority and the appropriate, within the framework of this Commander-in-chief of the armed forces. study, to make an inventory of the Thus, according to the article 41 st of the permanence of the religious question in Constitution 2, the King, Prince Morocco, its modes of expression, its (Commander) of the Faithful (Amir Al supervision by the public authorities in the Mouminine), sees to the respect for Islam. light of the emergence of the Islamist He is the Guarantor of the free exercise of player in the political arena. The Dahir of beliefs. He presides over the Superior 1984 – under the rule of the late Hassan II- Council of the Ulema (Conseil superieur and the Dahir of 2004 – urged by King des Oulema), charged with the study of Mohamed VI remain the two legislative questions that he submits to it. This frameworks in force. Council is the sole instance enabled to But, more important than the laws comment and to edict religious of all kinds, it is important to note the role consultations (Fatwas) before being of the king in religious matters, with officially agreed to, on the questions to particular reference to the powers which it has been referred and this, on the conferred to him by the Constitution on the basis of the tolerant principles, precepts subject (see in appendix the role of the and designs of Islam. king and the place of Islam in this constitution). In this sense, the preamble of the 1 Secrétariat Général du Gouvernement, Royaume constitution, which was adopted in July du Maroc, La Constitution 2011 , (Arabic, French 2011 by 95 % of the voters, proclaims that, and English versions), Rabat 2 Idem

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The attributions, the composition the consequences on the Arab (and and the modalities of functioning of the Muslim) public opinion of the Intifidas of Council are established by Dahir (or a 1987 and 2000 in the occupied Palestinian Royal Decree). The King exercises by territories, of the wars in Iraq (from 2003) Dahirs the religious prerogatives inherent and in Syria (from 2011). to the institution of the Emirate (the These external events will be Principality) of the Faithful which are amplified inside Morocco (as in several conferred to him in exclusive manner by Arab-Muslim countries) by the conjunction this Article. Under this umbrella, the of socio-economic and political elements, Ministry of Habous and Islamic Affairs making a large part of the population, and exerts full authority over official mosques especially young people, more sensitive to and other religious institutions, and on all the arguments of the supporters of religious activities and similar events in the ”Political Islam”, for whom all that the country. Muslims suffer lies in their distance from the ‘’true values of Islam’’ and in the Violent religious radicalization hatred of Westerners towards them. challenges: Among those elements, it is possible to Morocco will see, from the end of quote some, which are of economic and the 1970 s and the beginning of the 1980 s, a social nature such as large scale poverty rise of conservatism and a process of and a great imbalance in the distribution of radicalization of a part, more and more national wealth, youth unemployment, a visible, of its (young) population in high level of illiteracy and a great connection with a set of international weakness of the health system. Others are events, and in parallel with domestic of qualitative, intangible, cultural and economic, social and political political nature, such as the school failure developments (as partially stated above). or the progressive weakening of Among the external events, it is «traditional» political parties, including possible to mention all those for whom left-wing parties. Moroccans, as Arabs and Muslims, have a All this will lead first - during the very strong sensitivity. In this regard, it is 1980s and 1990s – to the strengthening of possible to evoke the wars of Afghanistan, Radical Islamist currents, under the from the 1970 s till today. The war in influence of trends related to Saudi Afghanistan against the former Union of ‘’Wahhabism’’ or to the Muslim Brothers Soviet Socialist Republics was initially ”brotherhood”. After that, young seen as a war between Islam and Moroccans will be involved in or will communism. From 2001, and the commit various terrorist actions in Europe American intervention in this same and in Morocco, and hundreds will join the country, the Afghan wars will be seen as a war fields in the Middle East, starting in confrontation between the West, particular from 2011. represented by the USA, and Islam. In Europe, Moroccans (migrants or The Bosnian War, which began in children of migrants) will be involved, 1992 and lasted until 1995, and led to the particularly, in the train attacks in Madrid deaths of around 100,000 civilians and (11 th of March, 2004) where the blasts soldiers, among which at least 25,000 killed 191 people and wounded 1,841 1, or Bosnian Muslims. Within this war, the in the Paris attacks (13 th of November, massacre in Srebrenica (11 th /16 th of July 2015) that killed 130 people and wounded 1995) and its 8,372 dead, all Bosnian civilians, had an immense impact in the Arab-Muslim world, including Morocco. 1 2004: Madrid train attacks, To the effects of these wars, one must add https://www.bbc.com/news/av/world-europe- 14666717/2004-madrid-train-attacks, (16.05.2020)

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hundreds more 1, or in Brussels Airport and Moroccan economic metropolis, with a Metro attacks (22 nd of April, 2016), when heavy toll: 33 dead in addition to 12 32 people were killed and many more suicide bombers. Salafia Jihadia, linked to injured 2, or in Barcelona and Cambrils Al Qaeda, was the sponsor of these attacks. attacks (17 th /18 th August, 2017), where a 2,000 radical Islamists had, in the wake, driver, within a group of 12 Jihadists, been arrested following these attacks; killed 16 people and injured more than • On March 12, 2007, an attack on a 100 3 . Casablanca cybercafé resulted in one death As for the terrorist attacks on the and four injuries. Thirty people were Moroccan soil itself, the chronology below arrested and brought before the courts of indicates an acceleration of the several cities in Morocco; radicalization from 2003. During this year, • On April 14, 2007, two kamikaze in particular, Morocco experienced its brothers operated explosive belts near an most serious terrorist attack, when five American cultural center in the center of simultaneous terrorist suicide bombings hit Casablanca; tourist and religious sites in Casablanca. • On April 28, 2011 in Marrakech, an Before that date, however, a first attack - attack, known as the Argana coffee conducted by French nationals of Algerian bombing, left 17 dead and 20 wounded of origin – happened during the summer of various nationalities. The author of the 1994 and it has totally altered the political attack, which took place in Jamaâ El F'na, relations between Morocco and Algeria. tourist center of the city, is from Safi - a city that has lost much of its once Chronology of attacks claimed by flourishing industrial activities in the radical Islamists in Morocco since 1994 canning sector sardine, and where there is • On August 24, 1994, a first bloody a high level of unemployment - and comes attack is committed in the front of the hotel from the Salafist movement. He was Atlas Asni, in the tourist district, in sentenced to death; Marrakech. There will be several victims, • On 17 December 2018, near Mount including a 34 year old Spanish woman. Toubkal, in the High Atlas, in the village The three terrorists have been sentenced to of Imlil, in the region of Marrakech, two death and are still in central Kenitra prison. young tourists, a Norwegian and a Danish, This attack resulted in a major political were murdered in their sleep. This terrorist conflict between Morocco and Algeria, a crime, carried out on the eve of the conflict that caused the immediate closure festivities of Christmas and New Year's of land borders between the two. Even Day, aimed in particular to strike a blow to today, with the exception of the border the tourism sector in all of Morocco, and between the two Koreas, it is the only particularly in this region run at this time passage that remains closed, in times of of year by thousands of tourists from both peace, between two countries; Europe and Morocco. • On May 16, 2003, the Casablanca suicide bombings struck five places in the Policies and practices addressing radicalization 1 Paris attacks: Bosnian suspect arrested in Under the supervision of the Germany, https://www.bbc.com/news/world- king, Prince (Commander) of the Faithful, europe-48784476, (16.05.2020). as specified in the constitution, the 2 Brussels explosions: what we know about airport management of the religious sphere, and and metro attacks, https://www.bbc.com/news/world-europe- thus the preservation of a ”Moderate 35869985, (16.05.2020). Islam”, in the Moroccan way is first 3 Barcelona and Cambrils attacks: what we know conducted through the Public religious so far, https://www.bbc.com/news/world-europe- education which is mainly under the 40964242, (16.05.2020).

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influence the Ministry of Habous and Language Faculty in Marrakech, Oussoul Islamic Affairs. Addine Faculty in Tetouan, Sharia Faculty • The Public religious education in Agadir and Sharia Sciences Faculty in In Morocco, the education is under Smara. In 2015, a new reorganization the official supervision of the Ministry of annexed ”Dar al Hadith al Hassaniya” to National Education and Higher Education, ”Al-Qaraouiyyine University”. but is oriented under the real influence of The academic staff of these new the Ministry of Habous and Islamic departments of ”Islamic Studies” was Affairs. The Ministry of national education made of Arabic language professors who is in charge of systematic Islamic training were reconverted into theology and of and education, throughout the different theologians who did their training in the stages of modern education system, countries of the Arab Orient, including whether it is public or private, from pre- Saudi Arabia, more specifically in the school till university; including Wahhabi universities that were wide open elementary, middle and high school. The to students from Muslim countries thanks ministry of Habous contributes to the to scholarships of the Saudi government. religious education sectors by training Moroccan Ulamas (Religious scholars), specialists in this field. who graduated from traditional theological The Ministry of National Education institutes (i.e. ”Al Qarawiyyine and Higher Education controls multiple University” and ”Dar al-Hadith al- structures of religious education, from Hassaniyya”), have not been involved in koranic pre-elementary education till implementing religious education in specialized university training. It is also in modern faculties. Classical religious charge of the organization of a specific knowledge was thus abandoned under the learning named ”Original education”. It's a pretext that it had become sclerotic. It has two level curriculum, primary and been replaced then by a new type of secondary. This kind of education results religious discourse intended to encompass in receiving a baccalaureate’s degree in and respond to contemporary world issues ”original literature” paving the way to in the economic, political, social and access University. In addition, primary and philosophical fields. From then on, a new secondary modern schools provide a type of clerics emerged in Morocco ho are general and mandatory religious education more focused on ideological controversy for all students regardless of their level and than on theological exegesis (El Ayadi, orientation. The manuals of religious 2004). education clearly include ideological All university courses within these content more than cognitive/educational different structures of religious education one. At the level of higher education, aim at training specialized staff in different religious education has been set up since fields including religious science, Islamic the academic year of 1979-1980 in the law and Koranic exegesis, etc. These framework of a specific department called courses are specialized. They are intended ”Islamic studies”. This department exists for a part of the Moroccan school now in the fourteen faculties of literature population. This population has not ceased and humanities of the country. to increase in number with the creation of Moreover, at the level of higher new departments of Islamic studies. These education, the ministry of national departments enabled many of their education controls ”Dar al Hadith al graduates to obtain teaching posts of a new Hassaniya Institute”, founded in 1965 by discipline called ”Islamic education” the late king Hassan II, and ”Al introduced in schools curriculum at the end Qarawiyyne University” , with its five of the seventies – under the orders of the faculties: Sharia Faculty in Fes, Arabic late King Hassan II, who wanted to reduce

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the presence of Marxist/socialist streams in there are 286 traditional schools. 50% of the Moroccan university. This discipline these schools are located in the regions of was the only subject making part of the Souss-Massa (the birth place of the current school curriculum from the first year of prime minister) and Tangier-Tetouan-Al primary school to the final year of high Huceima (the region from which many school. Thus, it has taken over the place of Moroccan fighters left between 2011 and other subjects like philosophy and social 2016 towards the Syrian and Iraqi war sciences. It was therefore generalized, with fields). 99.56% of these schools are a significant number of hours and annexed to a mosque and 71.68% are run coefficient, to all pupils in public and then by associations; private schools, without any consideration - The religious science Chairs held by to different school grades or courses. Its the Ulemas (religious scholars) appointed main purpose was then the religious by the ministry in the main mosques of the socialization of the entire school country; population. - An Islamic center for the training of The textbooks of this subject praise religious managers. It was founded in Islam and speak willingly of the 1974, and was autonomous before being development of the ”Islamic conscience”' taken under the wings of the Ministry of and the reinforcement of the attachment to Habous and Islamic Affairs in 1985. Islam among younger generations called to - Mohammed VI Institute for the claim loudly and clearly their Islamic Training of Imams, Morshidin (male identity against ”the threats and dangers” religious counsellors) and Morshidat of the cultural invasion ( al-Ghazw al- (female religious counsellors) in Rabat. Fikri ), the destructive thinking ( al-Fikr al- This institute was founded in 2004 and Haddam ) and the Western intrusive then opened its doors to foreign students in thoughts (al- Fikr al-Gharbi ad-Dakhil). 2015. In 2019, it had more than 1,300 This defensive and inclusive religious students from 11 countries, including 150 discourse on Islam has been widely women, alongside Moroccan students. disseminated through this subject. It Foreign students come mainly from sub- became hegemonic in Moroccan Schools, Saharan African countries, including Mali, and subsequently has had significant Guinea Conakry, Ivory coast, Senegal, effects on the mentality, beliefs and Chad and Niger. In accordance with an behavior of school youth (El Ayadi, 1999). official French-Moroccan agreement • The Ministry of Habous and Islamic signed in 2016, about fifty French students Affairs join the institute each year. These students The ministry of Habous and follow a three-year course devoted to Islamic Affairs – a real State within the Islamic sciences, humanities, Jewish State – controls, for its part, six key areas: culture and the introduction to Christianity. - The structures of religious education - The Mohammed VI Foundation of covering the Koranic education, called African Ulemas. It was founded in June renovated education, of which the ministry 2015, and designed to bring together has been in charge since 1964; Muslim scholars of the continent to ”take - Schools said to be traditional, which any initiative to integrate the religious are former centers of religious learning, values of tolerance in any reform that scattered throughout Morocco, and whose development actions in Africa are subject mission is to train junior clerics such as to”. preachers, muezzins and imams of The aim of this paragraph, which mosques. According to the census of the will be developed further in a subsequent Ministry of Habous and Islamic Affairs phase of the project, is to understand conducted in the school year 2017-2018, foundations of the religious teachings in

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the curriculums of different educational not seem to correspond to what the sectors in Morocco. Understanding these Moroccan rulers want - or say they are religious teachings sheds certainly the light wishing - is that powerful factors are on one of the most determining factors in acting within Moroccan society as in some the emergence and development of the of Morocco’s International relationships. Islamist radicalization phenomenon within In Morocco itself, it is possible to mention: the Moroccan society. In fact, we feel that • The strengthening of conservative people who have adopted the sectarian currents within society, in cities as in rural religious ideology of ”Jihadist Salafis” and areas, in relation with the reforms who are radicalized in Morocco were, in introduced in the Moroccan educational their vast majority, influenced by the system since the 1970 s. And also with the Islamic teachings provided in the different penetration, since the 1990s, of Arab public and private educational systems satellite televisions, easily accessible to throughout the country (we will come back illiterate women as well as to the most to this point when analysing the curricula disadvantaged social strata, as it's one of followed in these structures as well as the their very few distractions; school books attached to them). • The socio-economic situation, as presented succinctly above, marked by a Conclusions high level unemployment, among young All the elements – which will be people and graduates in particular, a high developed later – and which were precariousness of a large part of the introduced in the paragraph on ”Violent population as well as the difficulties of religious radicalization challenges” as well access to basic public services (of which as the Chronology of attacks claimed by school, health or water and sanitation); radical Islamists in Morocco since 1994, • The high level of illiteracy still show that a large number of Moroccans, prevailing among the population, and the young people in particular, have become fact that the official and private media play radicalized over the past 30-35 years, and no role in the education of society and in have started violent actions – both in its possible openness to the principles and Morocco and abroad – over the last twenty universal human values; five years. • The difficulties of organization and This happened (is happening) expression in (normal) political parties and despite: also the impossibility of controlling the • The role of Commander of the believers economic or political decisions engaging devolved by the Constitution to the King; society. This gives rise to a fatalistic • All the legislative arsenal tending to approach in many people, especially the ”protect” Moroccan society against poorest, who rely on God to solve their religious radicalization; problems. Hence the great effect of the • The political discourse seeking to slogan ”Islam is the solution”, very often accredit the idea of a moderate and open heard during the demonstrations/protests Moroccan Islam on its international organized by Islamist currents. humanist environment; As regards to the role of • The control exercised by the Ministry of Morocco's international relations in the Habous and Islamic affairs on the majority process of radicalization of part of its of mosques in the country and on large population, it should be noted that the parts of the educational system; important influence of some Gulf countries • The political (and often financial) (particularly since the 1980s and the crisis control over public and private media. of the debt that Morocco experienced in However, if the reality of the 1982-1983) on Moroccan domestic politics ground on the front of radicalization does as well as on the religious orientations of

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the society, have gone hand in hand with understanding between all the cultures and the funding that countries like Qatar, the the civilizations of the world. United Arab Emirates and, above all, the Article 1 Kingdom of Saudi Arabia are giving to Morocco is a constitutional, Morocco in parallel with their own democratic, parliamentary and social enrichment. Monarchy. The constitutional regime of the At this level, it seems obvious Kingdom is founded on the separation, the that if Morocco had sufficiently developed balance and the collaboration of the its economy, it would have had no need for powers, as well as on participative foreign aid - including that coming from democracy of [the] citizen, and the Arab countries – and from that, it would principles of good governance and of the not have been submitted to any external correlation between the responsibility for ideological or religious influence. and the rendering of accounts. The Nation relies for its collective life on the Appendix federative constants [constantes Religion/Islam in the Moroccan federatrices], on the occurrence of Constitution moderate Muslim religion, [on] the national unity of its multiple components Preamble [affluents], [on] the constitutional With fidelity to its irreversible monarchy and [on] democratic choice. choice to construct a democratic State of Article 3 Law, the Kingdom of Morocco resolutely Islam is the religion of the State, pursues the process of consolidation and of which guarantees to all the free exercise of reinforcement of the institutions of a beliefs. modern State, having as its bases the Article 41 principles of participation, of pluralism The King, Commander of the and of good governance. It develops a Faithful [Amir Al Mouminine], sees to the society of solidarity where all enjoy respect for Islam. He is the Guarantor of security, liberty, equality of opportunities, the free exercise of beliefs [cultes]. He of respect for their dignity and for social presides over the Superior Council of the justice, within the framework of the Ulema [Conseil superieur des Oulema], principle of correlation between the rights charged with the study of questions that He and the duties of the citizenry. submits to it. The Council is the sole A sovereign Muslim State, attached instance enabled [habilitee] to comment to its national unity and to its territorial [prononcer] on the religious consultations integrity, the Kingdom of Morocco intends (Fatwas) before being officially agreed to, to preserve, in its plentitude and its on the questions to which it has been diversity, its one and indivisible national referred [saisi] and this, on the basis of the identity. Its unity, is forged by the tolerant principles, precepts and designs of convergence of its Arab-Islamist, Berber Islam. [amazighe] and Saharan-Hassanic The attributions, the composition [saharo-hassanie] components, nourished and the modalities of functioning of the and enriched by its African, Andalusian, Council are established by Dahir [Royal Hebraic and Mediterranean influences Decree]. The King exercises by Dahirs the [affluents]. The preeminence accorded to religious prerogatives inherent in the the Muslim religion in the national institution of the Emirate of the Faithful reference is consistent with [va de pair] [Imarat Al Mouminine] which is conferred the attachment of the Moroccan people to on him in exclusive manner by this Article. the values of openness, of moderation, of tolerance and of dialogue for mutual

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Bibliography 8. Haut Commissariat au Plan, Rabat, Population du Maroc par année civile en Books milliers eu au milieu de l’année par milieu 1. Berrada, Abderrahim, Plaidoirie pour de résidence un Maroc laïque , Tarik Editions, Rabat, 9. Haut Commissariat au Plan, Rabat, 2018 Projections de la population totale du 2. Kantorowicz, Ernst H., The King's Two Maroc par âge simple et sexe Bodies A Study in Medieval Political 10. Haut Commissariat au Plan, Theology , Editions Paperback, 2016 Résultats du recensement général de la 3. Saghi, Omar, Comprendre la monarchie population 2014 marocaine , Editions La Croisée des 11. Istituto Affari Internazionali, Chemins, Paris, 2016 Migration Dynamics in Play in Morocco: 4. Sardar, Ziauddin, Histoire de la Trafficking and Political Relationships and Mecque , Editions Payot, Paris, 2017 their Implications at the Regional Level 12. Secrétariat Général du Studies Gouvernement, Royaume du Maroc, La 5. Lahlou, Mehdi, Migration Dynamics in Constitution 2011 (Arabic, French and Play in Morocco: Trafficking and Political English versions), Rabat Relationships and Their Implications at the Regional Level, in ”Menara Papers Issue. Websites Working Papers 26”, 30.11.2018, IAI, 13. https://malijet.com/ Rome 14. https://www.bbc.com/ 15. https://www.hcp.ma/ Documents 16. https://www.iai.it/ 6. Classement de pays Africains par PIB 17. https://www.iai.it/ en 2018 7. Haut Commissariat au Plan, Rabat, Les résidents étrangers au Maroc

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Ion SÎRBU Centre for Defence and Security Strategic Studies “Alexandru cel Bun” Armed Forces Military Academy, Chisinau

ECOSOPHY, SECURITY AND MANIPULATION

Abstract: Ecosophy is the new philosophy of the survival, security and sustainable development of man, society and nature, a philosophy of global issues and ways to solve them, of globalization, of the human perspective. Manipulation, as a social phenomenon, is seen as destructive and constructive. Negative or destructive manipulation is condemnable and positive while constructive is desirable, wanted in all areas of human activity and practice. Hybrid war is an absolutism of negative or destructive manipulation. The latter should be excluded from all human activities and practices or at least reduced to the maximum. The dialectics of culture and civilization presupposes the cultivation of the achievements of civilization, as a whole. The accelerated development of culture, of its achievements implies, in turn, the rational support and use of the achievements of civilization. Culture and civilization are two sides necessary for the excellent functioning and development of human society. They should not be counter-routed. In order to ensure security and raise the defense capabilities of the Moldovan state in terms of ecosophy, it is necessary to collaborate sincerely with the EU, the US and NATO, with the Black Sea and Neighborhood countries, the refusal to neutrality, as well as the maintenance , along with professional and compulsory military service. High morality is a mandatory quality of each defense sector representative. Keywords: Culture; Civilization; Survival; Manipulation; Strategic communication; Hybrid war Contact delails of the E-mail: [email protected] autors: Institutional affiliation of Centre for Defense and Security Strategic Studies “Alexandru cel the autors: Bun” Armed Forces Military Academy, Chisinau Institution address: Haltei Str. Nr. 23, Chi șin ău, Republica Moldova, phone: +373 693 84 078, website: ttp://www.academy.army.md/en/

Preliminaries characterized today (as in the past and but Ecosophy, as ecological wisdom, even more stressed in current times) implies the unity of ecosystems, their through various manipulations. The latter, integrity not only in biological and for the most part, are negative or environmental aspects, but also in destructive. Is it possible to exclude anthropological aspect. The process of destructive manipulations from human and globalization will ultimately lead, we interstate relations and from the variety of believe, to the desired optimization, communities? What role do new including the optimization of socio-human technologies play today and what role will relations and those between human society they play in the future? What is and will be and terrestrial nature. the role of culture in using the top The relationships between people, achievements of contemporary states and various communities are civilization? What is the dialectics of

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culture and civilization? These are some of parapsychology that is about humans, the issues we will refer to during our society and nature and which has subsequent exposition. scientific, socio-cultural, psychological The reality with today’s problems, and psychophysical aspects 5. the scientific literature and the media has Ecosophy integrates more specific served us as a material for analysis, components and philosophies, such as generalizations and conclusions. The security, tolerance, global issues and the methods used include dialectics, digital ones. It combines in itself the comparison, extrapolation and philosophical problems of general ecology, generalization, the ascent from abstract to human and social ecology, but emphasizes concrete, the unity of logics and history. the primordiality of human ecology or anthropoecology. It can be said that man is Results and discussions. Ecosophy, its the fundamental and primordial problem, compartments and its fundamental the supreme value of any humanist problems. philosophy. Ecosophy, or ecological wisdom, presents in itself a new contemporary The primordiality of man philosophy 1. It can be defined as the Some claim that the human is the philosophy of survival, security and greatest destroyer of the earthly nature that sustainable development of humans, he is like a terrible virus that attacks the society and nature. Ecosophy is also a planet Earth and this is due to the philosophy of global problems, globalism anthropocentrism that has dominated and globalization, tolerance and morality, human practice so far. Anthropocentrism, scientific-technical integration 2. they say, must be replaced by biocentrism, The philosophy in question and man should be considered a common analyzes all the problems through the life form with others, a form that isn’t ecological prism taken in its extended necessarily one of the best. aspect; it includes in itself the Intentional or not, but we forget philosophical problems of the general that man is not only the destroyer of ecology, anthropoecology and social nature, but also the most skilled modeler, ecology 3. It also includes global ecological painter, sculptor of it. Realizing his ethics, which is based on traditional, harmful activity in nature, he is ready to ecological and ethnic humanism and restore and perfect what he unconsciously generally human ecological values 4. I destroyed out of ignorance. Man has believe that ecosophy should not bypass always changed and changes nature right the problem of the paranormal, of the now. I think he will continue changing it in the future. It only depends on how he will 1 Ion Sîrbu, Noua filosofie și securitatea, in change it - in accordance with its laws or ”Revista Militar ă”, No. 1, Chi șin ău, 2018, pp. 52- not. 61 Today, the activity of modification 2 Ion Sîrbu, Securitatea și dihotomia tehnologiilor is directed not only to the surrounding convergente, in ”Political Science, International nature, but also to the nature of man, to his Relations and Security Studies. International Conference Proceedings”, the 7 th Edition, Lucian body and his psyche. Modification, Blaga University of Sibiu, 2016, pp. 471- 478 therefore, threatens today not only the 3 Ion Sîrbu, Noua filosofie și securitatea, in earthly nature, but also the very nature of ”Revista Militar ă”, No. 1/2018, Chi șin ău, 2018, p. 54 4Ion Sîrbu, Etica ecologic ă global ă și dialogul civilizational: Aspecte epistemiologice și de securitate, Lucian Blaga University of Sibiu, in 5 Ion Sîrbu, Ecosofia sau filosofia ecologic ă, ”Studia Securitatis”, Vol. IX, No. 3, Sibiu, 2015, Editura Funda ția „D. Cantemir”, Academia pp. 159-168 Ecologic ă din România, Ia și, 2000, p. 370

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man - his body 1. Man, therefore, is the artificial intelligence, robotics, and threatened by man. The top achievements environmental degradation fields that, at of civilization in the field of science, one point in time, may become technique, medicine and technology seem incompatible with life and by extension to have “taken the charm” of some with man, with his biological body. scholars and philosophers. According to the transhumanists, if Representatives of transhumanism, these tendencies become real, they could for example, say that the human intellect be the threat to human existence. In their could exist on a nonbiological basis and opinion, only the human intellect moved to that it could be implemented in a machine. the machines will survive, not his D.I. Dubrovsky says that the possibility of biological body. Is that so? This possibility survival of earthly civilization, its cannot be ruled out. However, one also transition to a new, more advanced stage of cannot rule out the possibility of being able development, depends on the processes of to optimize the interactions of humans with anthropotechnological evolution. The last the environment, of societies and one takes place in the present and is carried civilizations with terrestrial nature, the out in an accelerated and impossible to optimization of the anthropo- and socio- brake tempo 2. natural interactions - which the ecological According to the philosopher P.D. wisdom / the ecosophy talks about. The Ti șcenco, transhumanism expresses the possibility of protection, conservation and tendency to merge man with the machine – reproduction of the nature should also be ”the man will acquire the immortal body of taken into account. the machine, and the machine - his rational Today the sciences, medicine, and soul (already radically mechanized)” 3. new technologies are capable of perfecting Thus, transhumanists like Marxists want to and preserving the body, the physical and be able to control the evolution of man mental health of man, and they will through the prism of rationality. Is that especially be capable of it in the future at possible? Time will tell. the highest level. Some human-made Transhumanism, in our own organs have already been created and opinion, is no longer a form of humanism successfully implanted, whether they are – the “mechanized” world, the world of made of biological tissues, including the robots, where the human intellect is patient's own body, or even made of transferred to the machines, doesn’t require artificial materials. Nonetheless, even morals and humanism anymore. considering the success of the civilization, We consider that transhumanism sciences, and contemporary and future absolutizes certain objective tendencies of technologies, the protection of man’s the development of today's human biological body is and will continue to be civilization. This is about the tendencies in an imperative global problem. Why? Only coming from anthropocentrism? Not only. On one hand, man created culture 1 Попова О.В. Этика , эстетика , анестетика в and civilization as a second nature. On the контексте развития пластической хирургии , in other hand, nature, through man, has ”Вопросы философии ”, No. 4/2017, pp. 95-104. 2 Дубровский Д.И. К вопросу о глобальном acquired self-awareness, self-knowledge. будущем и трансгуманистической эволюции Nature through humans is perfecting itself (Ответ П.Д. Тищенко ), in ” Вопросы and evolves progressively or ascending. философии ”, No. 3/ 2015, p. 215 3 Man is also the creator of society, outside Тищенко П.Д. Россия 2045: котлован для of which he couldn’t emerge and develop аватара . Размышления в связи с книгой „Глобальное будущее 2045: Конвергентные as man. Society is the result of the технологии ( НБИКС ) и трансгуманистическая interactions of human individuals and эволюция , in ”Вопросы философии ”, No. 8/2014, cannot be reduced to a simple sum or p. 182

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totality of men. Society, in turn, cannot base, a unique biological foundation. Any exist and function without human newborn baby, with a normal body, may or individuals, as it cannot function outside may not become a human being, and without nature. Nature, on the other depending on the conditions of his hand, being continuously changed by development. Meanwhile none of the most humans and society cannot exist in its advanced animals can become humans, current state and extension without being even while being raised in a society and supported by them. culture. Man is a living being in which the The monkey, the dolphin, some natural and the social / the nature and other ”intelligent” animals can be society are combined in the most relatively easily trained, but it is harmonious way. Through his corporeality impossible of them to acquire or gain he can be seen as an organic being, a human intellect. An imitation of the human natural being. Through his rationality, intellect is possible in a certain domain conscience, spirituality, and creativity he is (monkeys, for example). But the whole presenting himself also as an "artificial" or intellect of man cannot be imitated. I socio-cultural being. Man can only believe similar thing will hold true in the theoretically be divided into bio-, psycho-, future with the machines 1. social being. However, in practice, the According to the Russian natural (biological), the psychological and philosophers, T.V. Cuzne țova and Z.M. the social are interlocked, forming a whole, Orudjev, there hasn’t yet been registered indivisible, unique, integral and any case when robots could plan their own harmonious. development bypassing its human-made The attenuation of the fact that the program of conduct. A robot’s creativity biological, natural body of the human is could only be possible if the human will cardinally different from bodies of other infix in it a logic of the poetic activity, beings is necessary. Consciousness, struggle, creation, etc. However today no rationality, true creativity can emerge and one can tell how a robot would assimilate manifest only in the human body and only human’s creative activity 2. due to social and cultural life. The human Today not only sci-fi writers, but being, the child raised outside a some philosophers as well admit that in the community and society, segregated and future conflicts between man and deprieved of culture, does not turn into a intelligent machines are possible. Based on human being. He remains a being with a these, some intellectuals think that human body, but lacking in intellect, politicians shouldn’t give the machine all language, and other human traits and human activities, especially the ones of features. The physical structure of the strategical aspect and long-term ones. brain of this being, its nervous system The war of people with robots and aren’t much different compared to a enslavement of the former by intelligent normal human, raised in a community, machines, says E.V. Mareeva, is of course society and culture. The differences are of a myth. However, the possibility of psychological type. This being lacks enslavement of men by other men with the immaterial mental connections which are help of the machines isn’t a myth at all. ordinary to normal humans. The case of transforming these wonderful Man, therefore, isn’t born a man, but only a potential man. The child 1 becomes a human only by growing in a Ion Sîrbu, Noua filosofie și securitatea, in ”Revista Militar ă”, No. 1/2018, Chi șin ău, 2018, p. community and by consuming its culture. 54. However, through the process of evolution 2 Кузнецова Т.В., ОРУДЖЕВ З.М. История и of the brain, the human body became a проблема робота , in ”Вопросы философии ”, No. 1/ 2016, p. 77

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machines into weapons would be spreading the information, or by regretable. Then, says E.V. Mareeva, the facilitating communication on a global wars of the future will be not with the scale. The Internet also offers another soulless androids, but with people without dimension, such as the logics of collective souls 1. actions, the new environment, facilitating mass mobilization by offering new Digital Philosophy - a component of possibilities of communicating and Ecosophy collaborating. It is becoming increasingly Digital philosophy, in our opinion clear that new technologies are not simple is another component, compartment for mechanisms useful in punctual activities, ecophy. This is called to life by a new but real engines of social change 3. reality of contemporary man and society. We can say that the digital world is The media, television, mobile telephony, the reality of our world. Almost all of our the entertainment industry, the medical and ways of living are already digitized. The educational sphere, etc., are increasingly need for digital philosophy is obvious. digitized. Man and the environment in Why should digital philosophy be which he activates, society - all become included in ecosophy as a part of it, along digitized. And philosophy, as the most with the philosophical aspects of general profound way of reflecting on a reality, has ecology, social ecology and anthropology? not yet reacted accordingly, it has not yet Because considering that ecosophy is the become aware of the fact that it should (if new philosophy of survival, security and it strives to be appreciated as much as sustainable development of man, society science and new technologies) analyse this and the nature, and in order for them to be reality and its possible consequences on achieved as profoundly as possible the new human development and evolution of technologies, including digital or humanity. information technologies are needed, is it Lavinia Marin believes that not logical to to include the given philosophy "does not feel the shock of philosophy in ecophy? The logical answer change. In the mainstream media, she that is required can only be the affirmative claims, the digital age is usually one. I'm convinced of this. accompanied by rhetoric of a change Digital technologies and their use as a necessity: governance, administration, should be the focus of the ecosophy and, education, almost all must also have a by extension, of the digital ecosophy. They virtual “shadow”. Should philosophy be can influence the man, the social life, the entering the digital age?” 2. Philosophy not society, both in a beneficial and an evil only needs to, but it is bound to consider it way. Both man and society as a whole can and only by doing so it can, like the be objects of manipulation. We have Phoenix bird, be reborn and radically plenty of examples. What is really changed, conforming to the said era - it problematic is that these manipulations would be the only possible answer. become difficult to notice. The Internet, says C. Voinea, has Digital technologies could serve radically changed the political behaviour not only their activities of manipulation, of human individuals, either by offering but also those of spirituality, morality, new ways of gathering, verifying and decent behaviour, etc. By using these technologies one could stop and eliminate,

1 within the Internet, violence, pornography, Мареева Е.В. От искуственного интелекта к including child pornography, искуственной душе , in ”Вопросы философии ”, No.4/2014, pp. 173, 176 2 Lavinia Marin, Schi ță pentru o posibil ă filozofie a 3 Voinea Cristina. Guvernare f ără guvernan ți: digitalului , in ”Revista de Filozofie”, No. 5, Politica prin algoritmi și Big Data, in ”Revista de Bucure ști, 2016, p. 571 Filozofie”, No. 5, Bucure ști, 2016, pp. 583-595

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discrimination of all kinds, various racial, Sustainable Development. These three xenophobic, anti-human propaganda, imperatives of the new contemporary which are introduced anonymously and philosophy show the way of human circulate virtually unhindered. The development in the present and future. The beginnings are already present, but only development of man and of humanity the beginnings. The media draws attention cannot take place in the absence of their to the fact that there are already robots security, in the absence of security in capable of detecting people who are lying, general. Security penetrates all the based on the same advanced digital compartments of the ecosophy, thereby technologies as the lie detector. contributing to their integration and Today's robots can influence man, interactions within the given philosophy. his behaviour, both in a beneficial and an Security refers to practically all evil way. It all depends on the material and spiritual entities, to all social, programmer, his good or bad intentions. economic, moral, and virtual fields. All of Specifically, in the field of digital these serve as an argument in favour of the technology, the training of specialized necessity of the existence of the workers in this field, a digital philosophy philosophy of security. The questionable that would serve as a theoretical basis for application and use of the term security the industry and the activities related to also serves as an argument in favour of the robots is also compulsory. Digital existence of the philosophy of security. philosophy as a component of ecosophy The most decisive, most fundamental must be in accordance with its principles argument lies, however, in the fact that and imperatives. In other words, the digital security, ultimately, refers to the human philosophy must be based on humanism, being, to its nature. All other securities the global ecological ethics, which make sense as far as the human being is includes in itself the traditional humanism, concerned, the human species. We could which considers the human individuals; the say that all securities are included in the ecological humanism, spread on the nature, human security and make as much sense as of the whole life and environment on they ensure security. In order for this Earth. Global ecological ethics itself security to become real and sustainable, as contains ethnic humanism, the one spread much as possible, both computers, robotics over human ethnicities 1. and digital technologies are needed, their philosophy is needed. Human security, in The philosophy of security - an efficient the philosophy of security, seems to be integrator of the compartments of the more valuable than the security of any ecosophy other form of life 2. However, one also Digital philosophy is focused not should remember the Nobel laureate Albrt only on robotics, digital technologies and Schweiter saying – ”worship any form of their possibilities, but also on security. The life” - these forms contribute to the security of man, of human society and of maintenance of human life. the terrestrial nature that are reflected in Security as a philosophical problem the Ecosophical Imperative or of the cannot be achieved and provided once and Ecosophy in common with the Imperative for all, univocal in all circumstances. It is of Survival and the Imperative of always concrete, individual and non- standard and also difficult to carry out when it comes to choosing. Whose 1 Sîrbu Ion. Unirea și securitatea na țiunii române în viziunea umanismului etnic și ecologic , in ”Lucr ările Congresului Interna țional al culturii 2 Ion Sîrbu, Filosofia securit ății și problemele ei române, Unitatea limbii și culturii române”, Ed I., principale , in ”Materialele conferin ței știin țifice Academia Român ă, Filiala Timi șoara, 2018, pp. interna ționale, Mediul strategic de securitate: 339-352 tendin țe și provoc ări”, Chi șin ău, 2018, pp. 121-135

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Security should be ensured if we choose duty, but also as a political and legal between the criminal and his possible necessity, contributing to the establishment victim, for example between the pedophile of peace, to changing the culture of war and the child who may be molested? with that of peace. Tolerance, according to Whose Security should be strengthened Galimov, by no means giving up, and maintained in the case of the aggressor indulgence or too much leniency. and the assaulted state? Tolerance first of all is an active The philosophy of security, I dependency, formed on the basis of the believe, must underpin the security of all, universal principles of human rights and and therefore of the criminal, only in fundamental freedoms. Tolerance under prison and the aggressor, whose people any circumstances cannot serve as a must not be eradicated, but helped to justification for attacks on these escape the crisis, as was the case with Nazi fundamental values 1. Germany, Japan and others after the Tolerance is necessary in the Second World War. The culprits who have process of identifying and maintaining done the aggressions must be punished, security. To what extent or limit, is it even by capital punishment - death, only if allowed however? This is where the the execution of the punishment is worthy problem arises. Can the one offended be of a human being and not a mockery of the tolerant of the offender? Tolerance, in my person, as for example, the punishment of view, can only be dual, manifested by both Hussein or Cadafi. sides of the possible conflict that has not yet begun. Is it possible, or is it a utopia, as The philosophy of tolerance in the case of Christian morality? A The philosophy of security is definite answer is difficult to give. Hence closely linked to that of tolerance, as a part the need to develop a philosophy of of the ecosophy. Tolerance as a concept is tolerance as part of ecosophy as with common in the real life of people in others components of it. Otherwise, medicine and biology, in religious and ecological wisdom will not be complete moral theory and practice, in conceptions and it will not be able to carry out the of social philosophy and contemporary imperative mission of human salvation, its anthropology. survival and sustainable development, of Christian morality propagates society and nature. absolute tolerance. In religious practice, however, neither the church nor majority Manipulation - a social phenomenon of believers have implemented it to the Practically all the problems fullest. highlighted can lead to heated and Tolerance, as a social phenomenon, controversial discussions, where various is pluralistic, multi-faceted, and manipulations can be used. Manipulation, heterogeneous. From the point of view of in our vision, is a social phenomenon that the philosophical and political-legal manifests itself in all areas of human approaches, tolerance signifies the esteem, activity. This can be constructive when it the understanding and acceptance of the comes to professional mastery, creativity diversity of cultures, the forms of self- and skill. It can be and it is often highlighting, the ways of expressing destructive, negative when it leads to human individuality. Tolerance is favoured forgery, deception and confusion. The top by knowledge, communicability, sincerity achievements of contemporary civilization and freedom of thought, conscience and belief. According to the philosopher B.S. 1 Чумаков а.н., Королёв А.Д. Философия , Galimov, tolerance is a harmony in Толерантность . Глобализация . К итогам VII diversity. It is seen not only as a moral Росийского философского конгресса , in ”Вопросы философии ”, No. 7/2016, p. 10

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are embodied in advanced technologies. anthropoecology, together with the These include nanotechnologies, philosophy of security, tolerance and the biological, informational, cognitive and digital one make up the fundamental social technologies. Among the latter are components and also problems of the the hybrid war, informational and ecosophy. asymmetric ones, etc. as destructive Manipulation is a social technologies. Social technologies, which phenomenon with a negative connotation, lead to development and progress, such as incompatible with the truth. However, it strategic communication, building social must be borne in mind that manipulation institutions, EU-type state unions, national can be not only negative or destructive, but and supranational organizations, are also constructive or positive. Humanistic essentially a manifestation of constructive culture is the factor that can ennoble technologies. It should be emphasized, manipulation. however, that all technologies have Culture and civilization, as two constructive and destructive aspects. sides of human society must not be Which of these prevails depends on many opposed. factors, which must be studied and known Ensuring human security and to obtain effective results for development security in general requires not only and progress. Culture is the means, the material, professional and human factors, process of directing the achievements of but also a high morality of society and its civilization along the path of human members. progress and security. Culture is the one about man, his vital interests. All the Bibliography achievements of civilization, with the emphasis on techniques, technologies, Books material things must go through the 1. Sîrbu, Ion, Ecosofia sau filosofia analysis and cultural transformations ecologic ă. Editura Funda ția „D. directed towards man and his spirituality. Cantemir”, Ia și, 2000 Culture directs civilization on the path of human progress, and civilization serves as Studies the basis and instrument of accelerating the 2. Marin, Lavinia, Schi ță pentru o posibil ă development of culture. Culture and filozofie a digitalului, in ”Revista de civilization are two sides of man and Filozofie”, No. 5, Bucure ști, 2016 human society. They must be in harmony 3. Sîrbu, Ion, Noua filosofie și and not in antagonism. securitatea , in ”Revista Militar ă”, No. 1, Culture is also a means of Chi șin ău, 2018 combating destructive manipulations and 4. Sîrbu, Ion, Etica ecologic ă global ă și fortifying constructive ones. The culture, dialogul civilizational: Aspecte ultimately, will lead to the elimination, as epistemiologice și de securitat, in ”Studia far as possible, of the manipulations from Securitatis”, Tom IX, No. 3, Sibiu, 2015 human life and activity. 5. Sîrbu, Ion, Filosofia securit ății și problemele ei principale, in Materialele Conclusions Conf. șt. interna ționale „Mediul strategic Ecosophy, as ecological wisdom, is de securitate: tendin țe și provoc ări”, a new philosophy of survival, security and Chi șin ău, 2018 sustainable development of man, society 6. Sîrbu, Ion, Unirea și securitatea and nature, a philosophy of the fighting na țiunii române în viziunea umanismului with destructive manipulations. etnic și ecologic, in ”Lucr ările Congresului The philosophical problems of the Interna țional al culturii române „Unitatea general ecology, social one and

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limbii și culturii române”, Ed. I, 11. МАРЕЕВА Е.В. От Timi șoara, 2018 искуственного интелекта к 7. Sîrbu, Ion, Securitatea și dihotomia искуственной душе , in ” Вопросы tehnologiilor convergente, in ”Political философии ”, No. 1, Москва , 2014 Science, International Relations and 12. ПОПОВА О.В. Этика , Security Studies. International эстетика , анестетика в контексте Conference”, Proceedingsthe 7 -th развития пластической хирургии , in edition”, Sibiu, 2016. ”Вопросы философии ”, No. 4, Москва , 8. Voinea, Cristina, Guvernare f ără 2017 guvernan ți: Politica prin algoritmi și Big 13. ТИЩЕНКО П.Д. Россия 2045: Data, in ”Revista de Filozofie”, No. 5, котлован для аватара . Размышления в Bucure ști, 2016 связи с книгой „ Глобальное будущее 9. ДУБРОВСКИЙ Д.И. К вопросу о 2045: Конвергентные технологии глобальном будущем и (НБИКС ) и трансгуманистическая трансгуманистической эволюции ( Ответ эволюция ”, in ”Вопросы философии ”, П.Д. Тищенко ), in ” Вопросы No. 8, Москва , 2014 философии ”, No. 3, Москва , 2015 14. ЧУМАКОВ А.Н., КОРОЛЁВ 10. КУЗНЕЦОВА Т.В., ОРУДЖЕВ А.Д. Философия . Толерантность . З.М. История и проблема робота , in Глобализация , in ” Вопросы философии ”, ”Вопросы философии ”, No. 1, Москва , No. 7, Москва , 2016 2016

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BOOK REVIEWS

Eugen STR ĂUȚIU Lucian Blaga University of Sibiu

AN ANALYTICAL AND NORMATIVE APPROACH TO MASS MEDIA OPERATION, IN COMPLEMENTARITY WITH MODERN MILITARY OPERATION

Abstract: Nicoleta Annemarie Munteanu, well -known author on the subject of communication in the military field, both as an author of books and studies and articles, offers us the book ”Opera ția mass-media, complementaritate a opera ției militare moderne” [Media operation, complementarity of modern military operation], under the edition of Techno Media Publishing House from Sibiu, appeared in 2019. The research effort is directed towards the objective of designing a national strategy that includes the media operation as an extension of modern military action, but also as a factor that has the capacity to determine and influence the development of military action, with beneficial effects both on the conduct of missions, but also on the way in which civil society perceives the military action and the institution of the Romanian army. Keywords: Mass media; Military Operation; Mass media operation; National strategy Contact details of the authors: E-mail: [email protected]

Institutional affiliation of the Lucian Blaga University of Sibiu authors: Institutions Bd -ul. Victoriei, Nr.10, Sibiu, 550024, România, http://www.ulbsibiu.ro address:

Nicoleta Annemarie Munteanu is already a well-known researcher in the Threats. Combating Fake News. The European Commission Vision, ”Studia Securitatis”, ISSN subject of communication in the military 1843-1925, Vol. XIII, No. 1, 2019, pp. 56-70; 1 field, both as an author of books and Nicoleta Annemarie Munteanu, Advertising studies and articles 2 in internationally Terrorism. Retrospective of the Year 2017 , ”Studia Securitatis”, ISSN 1843-1925, Vol. XII, No. 2, 2018, pp. 47-67; Nicoleta Annemarie Munteanu, 1Nicoleta Annemarie Munteanu, Media component The Transnistrian Conflict files , edited by Eugen of the military conflicts [Componenta mediatic ă a Str ăuțiu , ”Yearbook of the Laboratory for the conflictelor militare] , Editura TechnoMedia, Sibiu, Transnistrian Conflict Analysis”, ISSN: 2601-117, 2018, 304 p.; Nicoleta Annemarie Munteanu, Vol. I, No. 1, 2017, pp. 93-97; Nicoleta Annemarie Requirements of Freedom of Speech in Media Munteanu, Considerations on Mass-media in [Exigen țe ale libert ății de exprimare în mass- Transnistria , ”Studia Securitatis”, ISSN 1843-1925, media] , Burg Publisher, Sibiu, 2009, 196 p. No. 2, 2017, pp. 134-148; Factors that Influence 2Nicoleta Annemarie Munteanu, Illegal Migration. the Modern Military Operation , ”Studia Approach from the Perspective of Open Source Securitatis”, ISSN 1843-1925, Vol. XI, No. 1, Intelligence (OSINT), ”Research and Science 2017, pp. 57-66; Nicoleta Annemarie Munteanu, Today Journal”, Vol. 18, No. 2, 2019, pp. 103-116; Specific Structures and Activities regarding Media Nicoleta Annemarie Munteanu, Cyber Security Operations in Romania , ”Studia Securitatis”, ISSN

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listed journals or in the volumes of prestigious international conferences. 1843-1925, Vol. X, No. 1, 2016, pp. 123-128; Nicoleta Annemarie Munteanu, NATO Public Recently, it offers us an in-depth Information Policy. Institutional Architecture , research of the media operation, Revista ”Studia Securitatis”, CNCSIS, B+, ISSN understood as a distinct component of the 1843-1925, Vol. IX, No. 2/2015, pp. 140-146; complex of contemporary military Nicoleta Annemarie Munteanu, The operations, in the form of a book published Transformation of Media Operation into Media War , ”Studia Securitatis”, ISSN 1843-1925, Vol. X, and launched on the market by Techno No. 1, 2015, pp. 85-93; Nicoleta Annemarie Media Publishing House in Sibiu, in 2019. Munteanu, Web Communication Structures in Under the title ”Opera ția mass- Transnistrian Authorities Case, ”Studia media, complementaritate a opera ției Securitatis”, ISSN 1843-1925, Vol. X, No. 3, 2015, militare moderne” [”Media operation, pp. 55-63; Nicoleta Annemarie Munteanu, Measurements and Space in Modern Military complementarity of modern military Operations , ”Studia Securitatis” , ISSN 1843-1925, operation”], the paper totals 165 pages, Vol. IX, No. 3, 2014, pp. 79-84; Nicoleta organized in a table of contents that makes Annemarie Munteanu, Media operation. the usual introduction, then approaching us Complementarity of Modern Military Actions , from the general to the particular, to the ”Magazine of Land Forces Academy „Nicolae Bălcescu”, Vol. 76, No. 4(76), 2014, pp.359-365; object announced in the title. Nicoleta Annemarie Munteanu, Mass-media The introduction puts us in contact Operations and Modern Military Operations. Civil- with the terminology as well as with the military Cooperation CIMIC , ”Studia Securitatis”, working methodology: ”To achieve this ISSN 1843-1925, Vol. IX, No. 2, 2014, pp. 151- goal, we used a series of research methods, 159; Nicoleta Annemarie Munteanu, The Influence of Mediate Communication on the Military such as the analytical method, the logical Organizations , ”Magazine of Land Forces Academy Nicolae B ălcescu” Sibiu, ISSN 1582- 6384, Vol. XVIII, No.2(70)/2013, pp. 124-130; Conflict Prevention , “Moldoscopie. Issues of Nicoleta Annemarie Munteanu, Media Networks Political Analyze”, No. 1 (LII), 2011, pp. 147-156; Role in Managing the Image Crises of the Security Nicoleta Annemarie Munteanu, Mass-media Role Institutions , ”Studia Securitatis”, ISSN 1843-1925, in Conflict Prevention, ”Review of Land Forces Vol. VIII, No. 1, 2013, pp. 99-108; Nicoleta Academy Nicolae B ălcescu” Sibiu, ISSN 1582- Annemarie Munteanu, History` Pages of the 6384, Vol. XVI, No. 1(61), 2011, pp. 29-36; Romanian Human Security: Freedom of Speech Nicoleta Annemarie Munteanu, „International and Press until the Revolution in 1989 , ”Studia Humanitarian Law – Guarantor for War Securitatis”, ISSN 1843-1925, Vol. VII, No. 2, Correspondent Security? , "Studia Securitatis", 2012; Nicoleta Annemarie Munteanu, ISSN 1843-1925, Vol. V, No. 3, 2010, pp. 122-127; Communication in Crises. Interferences With Nicoleta Annemarie Munteanu, Communication Human Security , ”Studia Securitatis”, ISSN 1843- Process in Post conflict Period, ”Scientific Bulletin 1925, Vol. VII, No. 1, 2012; Nicoleta Annemarie of Land Forces Academy Nicolae B ălcescu” Sibiu, Munteanu, Mass Communication: Component of ISSN 1224-5178, Vol. XV, No. 1 (29), 2010, the Strategy to Ensure Human Security in Crisis https://www.armyacademy.ro/cercetare/bul1_2010. and Conflict Management , ”Review of Land Forces pdf; Nicoleta Annemarie Munteanu, Media Academy Nicolae B ălcescu” of Sibiu ISSN 2247- Networks and Security. Case Study: Al-Jazeera , 840X, ISSN-L 1582-6384, Vol. XVII, No. 3 (67), "Studia Securitatis",ISSN 1843-1925, Vol. IV, No. 2012, pp. 249-255; Nicoleta Annemarie Munteanu, 5, 2009; Nicoleta Annemarie Munteanu, International Communication, an essential Element Communication in Crises ”, "Studia Securitatis", of European Integration , ”History&Politics”, Year CNCSIS, B+, ISSN 1843-1925, Vol. IV, No. V, No. 2(10), Chi șinău, 2012, pp. 147-157; 4/2009; Nicoleta Annemarie Munteanu, Terrorist Nicoleta Annemarie Munteanu, Effects of Actions and Media Violence , "Studia Securitatis", Globalization on Mass Communication , ”Review of CNCSIS, B+, ISSN 1843-1925, vol. III, No. Land Forces Academy Nicolae B ălcescu” ISSN 4/2008; Nicoleta Annemarie Munteanu, 1582-6384, Sibiu, Vol. XVI, No. 4 (64), 2011, pp. Communication – Intrinsic Element of Negotiation 426-433; Nicoleta Annemarie Munteanu, and Diplomacy” "Studia Securitatis", CNCSIS, B+, Organizational Communication. Case Study: ISSN 1843-1925, Vol. III, No. 2/2008; Nicoleta Military Organization , "Studia Securitatis", ISSN Annemarie Munteanu, Media. Terrorism Weapon, 1843-1925, Sibiu, Vol. VI, No. 3, 2011, pp. 44-45; "Studia Securitatis", CNCSIS, B+, ISSN 1843- Nicoleta Annemarie Munteanu, Media Challenges: 1925, Vol. II, No.5-6/2007

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method, the critical method, the in civil-military cooperation operations; in comparative method, as well as the type of crisis response operations. dialectical plan cumulated with progressive The final chapter transfers the approaches. All these elements of the above theoretical acquisitions to proposals research methodology, as well as the types on how the Ministry of National Defense of research used, such as quantitative, and other national security institutions can qualitative and exploratory, helped us to use the media operation tool to promote achieve our goals and objectives” 1. This national security interests. The working impressive analytical apparatus must principles are identified as follows: finally lead us to concrete ”Adequate and timely use of social media, recommendations to the institutions participatory inter-relationship with civil responsible for national security, which society, training of military staff in the would necessarily connect with a national field of communication”3, and staff strategy: ”We believe that the design of a training and logistics related to these national strategy that includes the media objectives can be solved only by "the operation as an extension of modern allocation of resources for the military military action, but also as a factor that has communication system, including the the ability to determine and influence the design of viable communication strategies, conduct of military action will have because the planning and management beneficial effects on both missions, but processes of modern military actions also on the way in which the civil society depend on the quality of information perceives the military action, directly, and products, the principle of minimum the institution of the Romanian army, in resource consumption cannot be accepted, particular, thus contributing to the prestige the optimal consumption being of this primordial element of the Romanian acceptable”4. civil society”2. Each chapter lists the bibliography The first chapter systematizes the used, and the end of the book systematizes subject of modern military operations once again the bibliographic sources, on (with reference to the determinations of the categories ”Laws and normative acts”, modern military operations; the "Doctrines, conventions, regulations, characteristics of the modern combat protocols, manuals”, ”Books”, space; the factors that influence modern ”Magazines” and "Internet sources". military operations). It follows an The research can substantiate analytical investigation of the concept of disciplines that are taught in the bachelor's media operation follows (referring to the degree program ”Security Studies” and the categories of ”information operations” and master's program ”Security and ”psychological operations"), an exposition International Relations” (both organized by of the principles of the media operation, a the Lucian Blaga University of Sibiu, listing of specific structures and activities through the Faculty of Socio-Human in Romania, and a comparison between the Sciences - Department of International media war and the publicized war (all Relations, Political Science and Security under the economy of the second chapter). Studies). Of course, it offers valuable The research continues towards the bibliography for disciplines organized by characteristics of the media operation as a the National Defense University "Carol I" modern military operation, in three in Bucharest and the military academies hypostases: within the stability operations; within the Ministry of National Defense, but also the intelligence and police 1 Nicoleta Annemarie Munteanu, Opera ția mass- academies. It also serves universities that media, Complementaritate a opera ției militare moderne , Techno Media, Sibiu, 2019, p. 16 3 Ibidem, p. 154 2 Ibidem, p. 17 4 Ibidem, p. 155

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organize study programs in university professors and researchers communication, journalism and public working in specialized institutes, military relations. The level of training targeted by or civilian. It is also a pleasant work that Nicoleta Annemarie Munteanu's work is brings extra knowledge and intellectual intelligible and useful at all levels of satisfaction to the general public. training: undergraduate, master's, doctoral or postdoctoral students, as well as

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Iuliana NEAGO Ș Lucian Blaga University of Sibiu

A NEW FUNDAMENTAL WORKING TOOL FOR THE RESEARCH OF THE TRANSNISTRIAN ISSUE, PROVIDED BY THE LABORATORY FOR THE ANALYSIS OF THE TRANSNISTRIAN CONFLICT

Abstract: ”Transnistrian Bibliography”, written by Eugen Str ăuțiu and published by TechnoMedia in Sibiu in 2019, is a book that represents a collection of research papers (volumes, volume chapters, magazine articles, studies, reports). that conforms to form, content, documentation and methodology criteria, as well as it fulfils scientific analysis criteria, while the groundwork process, of making conclusions, is up to the standards and the criteria of the scientific analysis. The table of contents offers a systematical order of the bibliography, that refers to the Transnistrian conflict in the following categories: analytical volumes, chapters of volumes, articles of magazines, studies and reports, magazines, memoirs and at the end a collection of researches that refers to the past and present of the Romanians, that live in the Transnistrian regions (historical, demographical, economic, geopolitical, ethnographical and linguistic essays). On the whole, the book offers 88 analytical volumes, 71 volume chapters, 222 articles out of scientific magazines, 173 studies and reports, 31 master's theses and PhD dissertations, 19 designated scientific specialized magazines, and 23 memorial volumes. Apart from that, the researches, that have the topic of the communication of Transnistrian Romanians, are arranged in 30 volumes, 20 articles, and 3 specialized magazines. Keywords: Transnistrian conflict; Bibliography; Repertorization; Research instruments Contact details of the authors: E-mail: [email protected] Institutional affiliation of the Lucian Blaga University of Sibiu authors: Institutions Bd-ul. Victoriei, Nr.10, Sibiu, 550024, România, http://www.ulbsibiu.ro address:

The phenomena of frozen conflicts international actors, that are involved as installed at the margins of the former well. Soviet Union, is coming closer to the The geographical proximity didn't western area (where the best-evaluated create the same interest on the topic, like universities, research institutions and the similar conflicts in Azerbaijan and specialized think-tanks are located) Georgia, that are more favoured regarding through the Tranistrian conflict - a the number of books, studies, articles and secessionist process, carried out violently research projects, that have been dedicated on the territory of the Republic of Moldova to those two countries. in 1992, and peacefully continued until the On a global plan, a specialized present, without the identification of a research structure, in approaching the commonly acceptable solution, from the Transnistrian conflict, that has a relatively actors that take part in the conflict and the recent history, works for sure. It is called ”Laboratorul pentru Analiza Conflictului

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Transnistrean” (”The Laboratory for the articles in magazines and studies in Analysis of the Transnistrian Conflict” ) scientific volumes 5. which has a standing research program The Transnistrian Bibliography within the Research Centre of Political appears like a repertoire of research Science, International Relations and publications (volumes, volume chapters, European Studies of"Lucian Blaga" magazine articles, studies, reports), which University of Sibiu. From its establishment are conform to form, content, (2013) until present days, LACT reported documentation and methodology criteria, 5 research volumes, one periodic the groundwork process of making publication indexed in four international 1 conclusions is up to standards, as well as it databases, and several research projects fulfils the scientific analysis criteria. supported by Romanian or international The publication begins with a sponsors. detailed presentation and argumentation of As the main priority in research, the researches methodology, in English LACT aims to offer working instruments and Romanian. Here are detailed the for interested researchers. The first edited volume for this purpose is written by 5 Eugen Str ăuțiu, Cercetarea româneasc ă în Mihai Melintei, who offers a chronology problema conflictului transnistrean. Prezent și of the Transnistrian conflict, and a viitor , în Știin ța politic ă și societatea în schimbare , commented bibliography, also providing a Chi șin ău, 2015, pp. 216-222; Eugen Str ăuțiu, Russian 2 translation for it. He followed the Partidele politice în Transnistria. Influen ța research of professor Eugen Str ăuțiu, the nerecunoa șterii interna ționale asupra sistemului de partide , în Post-Soviet States between Russia and director of the ”The Laboratory for the the EU: analyzing special circumstances and Analysis of the Transnistrian Conflict”, political tendencies. International scientific who offers a consistent bibliography of the conference , 27 September, 2016, CEP USM, Transnistrian conflict, that was edited and Chi șin ău, 2016, pp. 487-496; Eugen Str ăuțiu, put into circulation in 2019 3. This Criteriul politic în analiza și solu ționarea conflictului transnistrean , în Republica Moldova în achievement follows research expertise of contextul noii arhitecturi de securitate regional ă. more than 7 years, embodied in original Materialele conferin ței interna ționale , 15 mai books, or books with the quality of a lead 2015, Chi șin ău, 2016, pp. 19-28; Eugen Str ăuțiu, author 4, as well as a high number of Rolul organiza țiilor de cercetare în analiza conflictelor: cazul Laboratorului pentru Analiza Conflictului Transnistrean din cadrul Universit ății “Lucian Blaga”, Sibiu, România , în Mediul strategic și de securitate: provoc ări și tendin țe. Materialele conferin ței știin țifice interna ționale. 17 1 ”Anuarul Laboratorului pentru Analiza mai 2018 , Centrul de Studii Strategice și de Conflictului Transnistrean / The Yearbook of the Securitate al Academiei Militare a For țelor Armate Laboratory for Transnistrian Conflict Analysis”, „Alexandru cel Bun”, Chi șin ău, 2019, pp. 79-87 Vol. I, No. 1, 2017; Vol. II, No. 1, 2018, Vol. II, 5 Eugen Str ăuțiu, Expertiza non-guvernamental ă No. 1, 2019. moldovean ă în problema conflictului transnistrean , 2 2 Mihai Melintei, Cronologia conflictului ”Studia Securitatis”, Vol. VII, No. 2, 2013, pp. 50- transnistrean adnotat ă bibliografic – cu traducere în 60; Eugen Str ăuțiu, Foreign Policy Objective of limba rus ă, Editura Armanis, Sibiu, 2018, 450 p. Separatist Transnistrian Region. Institutional 3 Eugen Str ăuțiu, Transnistrian Bibliography , Architecture , „Studia Securitatis”, Vol. VII, No. 3, Technomedia, Sibiu, 2019, 148 p. 2013, pp. 21-27; Eugen Str ăuțiu, Security Policies 4 Eugen Str ăuțiu, The Transnistrian Conflict Files , and Institutions in Transnistrian Region, „Studia Technomedia, Sibiu, 2017, 397 p.; Eugen Str ăuțiu, Securitatis”, Vol. VIII, No. 1, 2014, pp. 110-117; Vasile Tab ără, A comparative analysis of the Eugen Str ăuțiu, Security Policies and Institutions in development on the two banks of the Dniestr , Transnistrian Region, „Studia Securitatis”, Vol. Techomedia, Sibiu, 2015, 245 p.; Eugen Str ăuțiu, VIII, No. 1, 2014, pp. 110-117; Eugen Str ăuțiu, A Nicoleta Munteanu, Marius Șpechea, Op țiunile Proposal for a Method for the Calculation of the partidelor politice din Republica Moldova în Convergence between the two Banks of the Dniestr , problema transnistrean ă, Mega, Cluj-Napoca, „Studia Securitatis”, Vol. XII, No. 2, 2018, pp. 110- 2017, 161 p. 124

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criteria about the selection of the ethnographical and linguistic papers). On bibliographic items, the logic of the the whole, the book offers 88 analytical content"s structure, the methodology of volumes, 71 volume chapters, 222 articles selecting the bibliographic items, the out of scientific magazines, 173 studies standards of the quotation and the rules of and reports, 31 master's theses and PhD the translation process. dissertations, 19 designated scientific The table of contents offers a specialized magazines, and 23 memorial systematical order of the bibliographic volumes. Apart from that, the researches, sources, that refers to the Transnistrian that have the topic of the communication conflict in the following categories: of Transnistrian Romanians, categorize in analytical volumes, chapters of volumes, 30 volumes, 20 articles, and 3 specialized articles of magazines, studies and reports, magazines. magazines, memoirs and at the end a collection of researches that refers to the past and present of the Romanians, that live in the Transnistrian regions (historical, demographical, economic, geopolitical,

public access and to uniform the The bibliographical sources are publication to the basic version - in given according to the original title - in English. Romanian, Russian, English, French, All indexed works are created in Spanish, Italian, Hungarian, Polish, uniformity according to the Slovak, Swedish etc.. An English recommendations of the ”Romanian translation was added to the titles, that Academy” (”Academia Român ă”). A short aren't originally English, to maximize the interrogation on the original bibliographic

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sources depending on the publishing country, we find a poor placement of scientific Romanian literature, characterized by different approaches and that is not very consistent, without mentioning the researchers persistent dedication to the Transnistrian problem. A noble exception is made by the group of researchers that work in ”Laboratorul pentru Analiza Conflictului Transnistrian” - which produced books, studies and articles, that were published in proper volume collections and magazines, but also in magazines, volume collections and conference volumes, that were published in other works in Romania but also abroad. Potential beneficiaries of Transnistrian Bibliography are found in different environments. It can be of use for students who are preparing for their bachelor's degree, master's degree or their PhD, but also for professors and researchers, that work on complex researches. ”Laboratorul pentru Analiza Conflictului Transnistrean”already works on a follow- up to Eugen Str ăuțius book, building an information service for bibliography, where interested people can obtain a list with bibliography organized by author, topic, publishing country etc. 1.

1 LACT inauugureaz ă un serviciu de informare bibliografic ă / LACT opens a bibliographical information service , http://www.lact.ro/2020/03/29/lact-inaugureaza-un- serviciu-de-informare-bibliografica/ (14.05.2020)

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