1,720,958 research outputs found
Active personality and non-extradition of nationals in international criminal law at the dawn of the twenty-first century : adapting key functions of nationality to the requirements of International Criminal Justice
Get PDFIn the era of international(ized) criminal courts and tribunals, classical concepts of international criminal law such as principles and rules of extradition and of extraterritorial jurisdiction have fallen into oblivion. At the same time, globalization and the establishment of international criminal jurisdictions have brought about fundamental changes of relevant attributes of the international system, justifying and necessitating renewed scholarly attention for these seemingly over-analyzed phenomena. Due in major part to these systemic changes, the non-extradition of nationals increasingly comes under fire. As a consequence, several attempts were undertaken in recent years to disallow or at least considerably limit it. Focusing on two such endeavors (under the European Arrest Warrant and in the context of the International Criminal Court), this study attempts to identify the status and the role of the non-extradition of nationals and of its counterpart, the active personality principle in international (criminal) law. Recognizing that the non-extradition of nationals cannot be easily discard, in theory or in practice, the author considers ways to adapt these long-standing features of international cooperation in criminal matters to the requirements of international criminal justice.LEI Universiteit LeidenFDR Sovereignty, International Governance and Global Values -- ou
Towards a Convention on the Criminal Accountability of UN Personnel Including UN Military Experts on Mission and UN Police Officers
No full textIn spite of the United Nations’ enduring efforts to curb misconduct and crime in peacekeeping operations, the international convention on the criminal accountability of UN officials and experts on mission envisaged in 2006 has still not materialized. One of the controversies inhibiting progress concerns the range of persons to be covered. It has been argued that UN military experts on mission and UN Police should be left out as they fall under the (exclusive) (military) criminal jurisdiction of seconding States. To assess those claims, this study explores the status and criminal accountability of these personnel categories (also in comparison to that of other UN experts on mission) and considers whether relevant rules of international law necessitate or can justify (calls for) their exclusion from a future convention.</p
The Status and Criminal Accountability of Members of Formed Police Units: Conflicting Positions, Current Status Quo and Future Prospects
Get PDFExploring the Frontiers of International La
"Exclusive" Criminal Jurisdiction over UN Peacekeepers and the UN Project(s) on Criminal Accountability: A Self-Fulfilling Prophecy?
No full textExploring the Frontiers of International La
The Relevance of Disciplinary Authority and Criminal Jurisdiction to Locating Effective Control under the ario
No full textThe commentary to Article 7 of the Articles on the Responsibility of International Organizations (on lent organs) clearly singles out disciplinary authority and criminal jurisdiction as factors relevant to locating effective control and, in turn, attribution. The present study scrutinizes the function and significance of these factors in that context. As the International Law Commission’s Commentary apparently fails to justify their special importance, alternative explanations provided in legal literature are considered together with the idea that reference to these factors originates from Special Rapporteur Gaja’s preoccupation with military personnel. The author concludes that while military discipline and military criminal jurisdiction play a unique role in relation to military personnel, a broader approach focusing on all relevant manifestations of the persisting organic link may provide a more appropriate framework for the attribution of the conduct of lent State organs (military and civilian alike) under the effective control test.</jats:p
Hungary, Constitutional Court (Posterior review of unconstitutionality of a domestic statute: constitutional review: case No 4/1997)
No full textICTY (Prosecutor v. Jadranko Prlić, Bruno Stojić, Slobodan Praljak, Milivoj Petković, Valentin Ćorić, Berislav Pušić: order on provisional release of Jadranko Prlić: case no. IT-04-74-PT)
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Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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