1,720,955 research outputs found
Remodeling the Fruitless Link Between the Security Council and the International Criminal Court: Why Amending the UN Charter Could be the Greatest Tribute International Politics Has Ever Paid to International Law
Get PDFEstablished in 2002, the International Criminal Court (“ICC”) has become a symbolic cornerstone of international criminal jurisprudence—prosecuting and convicting individuals for the commission of genocide, crimes against humanity, war crimes, and crimes of aggression—collectively referred to as atrocity crimes.
One way the ICC can lawfully exercise jurisdiction is by referral—in the form of a resolution—from the UN Security Council. The language of Charter of the United Nations and the Rome Statute collaborate to provide an avenue for the Security Council to grant the ICC jurisdiction over atrocity crime situations. Such resolutions grant the ICC full jurisdiction over the suspected criminal individual(s), regardless of whether the party has per se accepted ICC jurisdiction.
But, there is a problem. The ICC has been accused to be “all bark, no bite” by some, and as being “a giant without limbs” by others because of its scant conviction record. This has induced calls to amend or abolish the ICC. Even more troublesome is the ICC’s less-than-fruitful association with the Permanent Five members of the Security Council: China, France, Russia, the United Kingdom, and the United States. The incessant disagreement among the Permanent Five has, in effect, tied the jurisdictional hands of the ICC, permitting dozens of perpetrators of atrocity crimes to go without proper adjudication by the ICC.
International law is inherently political, and it can be difficult, if not impossible, to separate Security Council political interests from legal analysis. Therefore, a dramatic reform of pertinent articles of the UN Charter must be considered in an effort to both resolve Security Council paralysis and foster greater influence of the ICC.
The Security Council’s damaging influence on the utility of the ICC has its roots in two sources: (1) the political motives of the Permanent Five and (2), the permissive text of the UN Charter. In statutory terms, those sources are Article 27 of the UN Charter, which empowers each of the Permanent Five with an unrestricted veto when the Security Council is voting to pass a resolution, and Article 41, which affords great deference to the Security Council in determining if an atrocity crime situation is worthy of considering jurisdiction to the ICC. As a result, the Security Council has consistently neglected to draft resolutions—let alone vote on them—concerning alleged crimes and proposing ICC jurisdiction, harmfully keeping the ICC on the sidelines.
This Note proposes additions to the statutory language of Articles 27 and 41 of the UN Charter, aiming to reduce the impact of the political wills of the Permanent Five, and thereby strengthening the link between the Security Council and the ICC. The proposed amendments below may be regarded as improbable or idealistic. However, it is impossible to suggest new language to the UN Charter without some degree of far-reaching optimism—a confidence that the objectivity of the law will eventually prevail over the subjectivity of geopolitics
Testing the Constitutional Limits of the UN Charter: Applying a Contemporary Interpretation of the Uniting for Peace Resolution in Syria
Get PDFThis Paper contends that without accountability for the atrocity crimes committed by the Assad regime, there is no chance that the Syrian people will experience an enduring peace. And when it comes to sequencing justice and peace, justice must—at least as it pertains to Syria—be underway in some manner before a transitional peace process is implemented. In support of this theory, this Paper argues that a resurrection and fresh interpretation of UN General Assembly Resolution 377(V)—the Uniting for Peace Resolution—can best-serve as an avenue for international law to prevail over international politics. In light of Russia’s 2022 invasion of Ukraine, this Paper builds off the momentum that has been gained in the debate over the balance of power in the United Nations (UN) between the Security Council and the General Assembly. Specifically, a contemporary analysis of the chemistry between the Uniting for Peace Resolution and the UN Charter has become increasingly relevant. Accordingly, a favorable interpretation of the Uniting for Peace Resolution could provide a constitutional opportunity for the General Assembly to establish a UN ad-hoc tribunal—a responsibility traditionally reserved for the Security Council—to prosecute high-powered perpetrators of atrocity crimes within the Assad regime. Not unmindful of the long-term political succession implications an international tribunal could have within Syria, this Paper nonetheless asserts that as a general matter, the UN Charter should be viewed as a “living tree”—a workable instrument whose interpretation may change over time to ensure it serves its object and purpose. With the ability of the Security Council to fulfill its statutory mandate under the highest levels of scrutiny by the international legal community, now is time to revive the Syrian accountability conversation.Part II begins with a general review of the Arab Spring and the motivation underlying the uprisings in the Middle East. This Part distinguishes the events and consequences of the uprisings Tunisia and Egypt from that of Syria. Part III briefly examines the Syrian civil war and provides a thorough review of the crimes committed by the Assad regime. Part IV includes an analysis of the jurisdictional options for accountability in Syria. In eliminating many of the traditional mechanisms, it is here that the stage is set for a subsequent interpretation of the UN Charter and the Uniting for Peace Resolution (the Resolution). Part V argues that the Resolution should be re-examined in the modern context as a possible means of mitigating bad-faith Security Council vetoes. This Part analyzes the Resolution in coordination with the UN Charter and argues that under a liberal interpretation of each, the General Assembly can lawfully serve as a substitute for roles typically reserved for the Security Council. It is also here, that the evidence collected and preserved by the International, Impartial and Independent Mechanism for Syria is discussed. Part VI considers drawbacks and practical challenges associated with the creation of an UN ad-hoc tribunal for crimes committed in Syria. Part VII concludes that while a liberal interpretation of the statutory language may be idealistic, such interpretation nonetheless could have lasting effects in shaping a currently broken system. Such developments would, in the long run, help to promote human rights, deter future authoritarian regimes from attacking their own population, and ultimately strengthen the UN’s ability as a whole to promote humanity and justice in the international system
Testing the Constitutional Limits of the UN Charter: Applying a Contemporary Interpretation of the Uniting for Peace Resolution in Syria
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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
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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