Is it ethical for the prosecutor at the International Criminal Court to consider political factors, such as peace processes, in selecting situations to investigate or cases to prosecute? During the early years of the court, a number of documents and statements from the Office of the Prosecutor suggested that there were occasions when it was. Two OTP policy papers issued in 2003 recommended that the prosecutor assess “all circumstances prevailing in the country or region concerned, including the nature and stage (...) of the conflict and any intervention by the international community,” and whether prosecution might “exacerbate or otherwise destabilize a conflict situation.” In the same spirit, the ICC's chief prosecutor, Luis Moreno-Ocampo, referred to his decision-making as a “dialogue between many actors” with a “strategic dimension... [that] involves all stakeholders.” This language suggested a process of consultation and coordination with local and international actors involved in conflict resolution to adapt international criminal justice to on-the-ground political realities. (shrink)

Principle of equality of arms is part of fair trial concept, which encompasses several guarantees linked to the defence opportunities during the criminal procedure. The accused person is entitled to a fair trial. Balance of rights between the parties is bedrock for procedural fairness and the judge has to perform his competence in providing all necessary preconditions as for the trial to be fair. There are differences between interpretation and implementation of equality of arms in the jurisprudence of European court (...) on human rights and international criminal courts. Decisions of ECtHR are much more similar with domestic understanding of equality of arms as reasonable opportunity of the defence to present the case without disadvantages vis-à-vis the prosecutor, due to inherent inequity between the parties. When analyzing proceeding before the ad hoc Tribunals, there is “more liberal interpretation” of this principle, which allowed the Prosecutor to invoke equality of arms, as well. ICTY Trial Chamber in Aleksovski case concluded that application of the concept of a fair trial in favor of both parties is understandable because the Prosecution acts on behalf of and in the interests of the international community, including the interests of the victims of the offence charged and also has held that it is difficult to see how a trial could ever be considered to be fair where the accused is favored at the expense of the Prosecution. This interpretation has been justified with dependence of the international Tribunals on state cooperation and due to the fact that international criminal courts have no autonomous enforcement agencies at their disposal. Fortunately, ICC Statute considered equality of arms as solely afforded to the defence, or to the Prosecutor on the behalf of accused. (shrink)

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

DISCOURSE, INTERACTION, AND COMMUNICATION Co-organized by the Department of Logic and Philosophy of Science and the Institute for Logic, Cognition, Language, and Infonnation (ILCLI) both from the University of the Basque Country, tlle Fourth International Colloquium on Cognitive Science (ICCS-95) gathered at Donostia - San Sebastian ti'om May 3 to 6, 1995, with the following as its main topics: 1. Social Action and Cooperation. 2. Cognitive Approaches in Discourse Processing: Grammatical and Semantical Aspects. 3. Models of Infonnation in Communication Systems. (...) 4. Cognitive Simulation: Scope and Limits. More tllan one hundred researchers from all over the world exchanged their most recent contributions to Cognitive Science in an exceptionally fruitful annosphere. In this volume we include a small though representative sample of tlle main papers. They all were invited papers except the one by Peter Juel Henrichsen, a contributed paper tllat merited tlle IBERDROLA - Gipuzkoako Foru Aldundia: Best Paper Award, set up in ICCS-95 for the first time. (shrink)

Extortion and bribery are regularly identified as well–nigh insoluble ethical problems for business, especially on an international scale, yet there are many initiatives being steadily pursued to combat them. One of the most impressive is the work of the International Chamber of Commerce, which published an important Report on the subject in 1977, the first such document prepared by the business community. Now that Report has undergone an in‐depth revision which was published last year and is the subject of this (...) study. Professor Argandoña is Secretary General of IESE [the International Graduate School of Management of the University of Navarre], Av. Pearson 21, E–Barcelona, Spain , and an Associate Editor of this Review. The article is a revised version of the presentation made to the Nineth EBEN Annual Conference held in Frankfurt in September last year. (shrink)

Using data from the International Civic and Citizenship Study, this quantitative study explores the potential for open classroom climates to foster political efficacy and civic knowledge among 8th grade students in 14 Western European countries. Findings show that an open classroom climate is associated with increased civic knowledge and political efficacy. In addition, civic knowledge and political efficacy are positively correlated with social movement citizenship. However, the relationships between both political efficacy and civic knowledge on social movement citizenship are strengthened (...) with presence of an open classroom climate. This study demonstrates the importance of an open classroom climate to develop students’ knowledge and efficacy related to active citizenship. (shrink)

The International Criminal Court's intervention into the ongoing civil war in northern Uganda evoked a chorus of confident predictions as to its capacity to bring peace and justice to the war-torn region. However, this optimism is unwarranted.

Does the establishment of a permanent InternationalWar Crimes Tribunal (International Criminal Court - ICC) constitute a challenge to national sovereignty? According to previous US governments and several American observers, the answer is yes. Establishing a world court that acts independently of the states that gave birth to it renders the idea of sovereignty meaningless. This article analyzes the American objections to the ICC and the conception of sovereignty and international law underlying these objections. It first considers the structure and intent (...) behind the criminal court and attempts to unveil the logic hiding behind the idea of ‘America’s historical uniqueness.’ It touches on the diverging US and European conceptions of sovereignty and ends up arguing that governments that stick to traditional conceptions of sovereignty and international law in the employment of their foreign policy may lose the moral legitimacy that has proven increasingly important for winning the sympathy of allies and regaining world leadership. Keywords: The ICC; US opposition to the court; sovereignty; international law; exceptionalism (Published: 19 May 2009) Citation: Ethics & Global Politics, Vol. 2, No. 2, 2009, pp. 83-108. DOI: 10.3402/egp.v2i2.1973. (shrink)

ObjectiveAre people with a characteristically large physiological sway rendered particularly unstable when standing on a moving surface? Is postural sway in standing individuals idiosyncratic? In this study, we examine postural sway in individuals standing normally, and when subtle continuous sinusoidal disturbances are applied to their support platform. We calculate consistency between conditions to verify if sway can be considered characteristic of each individual. We also correlate two different aspects of participants’ responses to disturbance; their sway velocity and their regulation of (...) body orientation.MethodsNineteen healthy adults (age 29.2 ± 3.2 years) stood freely on footplates coaxially aligned with their ankles and attached to a motorized platform. They had their eyes closed, and hips and knees locked with a light wooden board attached to their body. Participants either stood quietly on a fixed platform or on a slowly tilting platform (0.1 Hz sinusoid; 0.2 and 0.4 deg). Postural sway size was separated into two entities: (1) the spontaneous sway velocity component (natural random relatively rapid postural adjustments, RMS body angular velocity) and (2) the evoked tilt gain component (much slower 0.1 Hz synchronous tilt induced by the movement of the platform, measured as peak-to-peak (p-p) gain, ratio of body angle to applied footplate rotation).ResultsThere was no correlation between the velocity of an individual’s sway and their evoked tilt gain (r= 0.34,p= 0.15 andr= 0.30,p= 0.22). However, when considered separately, each of the two measurements showed fair to good absolute agreement within conditions. Spontaneous sway velocity consistently increased as participants were subjected to increasing disturbance. Participants who swayed more (or less) did so across all conditions [ICC(3,k)= 0.95]. Evoked tilt gain also showed consistency between conditions [ICC(3,k)= 0.79], but decreased from least to most disturbed conditions.ConclusionThe two measurements remain consistent between conditions. Consistency between conditions of two very distinct unrelated measurements reflects the idiosyncratic nature of postural sway. However, sway velocity and tilt gain are not related, which supports the idea that the short-term regulation of stability and the longer-term regulation of orientation are controlled by different processes. (shrink)

The International Criminal Court (ICC) and the South African Truth and Reconciliation Commission (TRC) were created at the end of the last century in order to redress the most serious violations of human rights. However, the two organisms are an example - and for most observers the best ones to date - of two radically different paradigms of justice: retributive justice on the one hand and restorative justice on the other. This article analyses the theoretical background, the challenging mandates, and (...) the activities and achievements of these two exemplary experiences. It further submits an evaluation of their work, according to which the TRC was better able to fulfil its mandate than the ICC has been so far. The article concludes by arguing that transitional justice's chances of success depend on adopting methodological guidelines such as a context-oriented approach and the involvement of the affected communities. (shrink)

The International Criminal Court (ICC) is responsible for prosecuting individuals for heinous crimes that take place during civil and/or international armed conflicts, including sexual violence. Prosecuting this crime relies primarily on survivor accounts, but witnesses often fear the psychological effects of giving such testimony, particularly because there is a high risk of retraumatization, a stigma associated with victimhood, and a fear of victim-blaming. Thus, the Court’s Victims and Witness Unit (VWU) puts forth provisions for questioning vulnerable witnesses, requiring, in part, (...) that questioners avoid embarrassing or offending witnesses. Using a discourse analytic approach, this paper examines transcripts from three recent ICC cases dealing with wartime sexual violence—_Bemba, Ongwen_, and _Katanga and Chui—_exploring the discursive strategies employed by prosecutors and defense attorneys in these trials as they navigate arguing their cases before the judges while also tailoring their questions to adhere to the VWU’s provisions. I show that adhering to the provisions often involves relying on euphemistic expressions to discuss rape—which enter the trial discourse through linguistic formulations and reformulations—even though these expressions reflect the language used to discuss consensual sex and not sexual violence. Thus, this method of adhering to the provisions can undermine the prosecution’s case while helping the defense’s. (shrink)

The International Criminal Court (ICC) seems to have finally realized the ending legal globalists have long yearned for: a potentially universal, centralized and permanent court, able to enforce international humanitarian law without the mediation of the state. A legal system of mankind seems now more possible than ever before. The universalistic claim of the ICC, I contend in this article, is nevertheless potentially biased by a West-centric prejudice. Critically drawing on the transcivilizational perspective suggested by Onuma Yasuaki, I propose to (...) overcome the West-centric approach of the ICC by assuming the multiplicity of universalisms, thus relativising each of them. (shrink)

In recent years the idea of geoengineering climate has begun to attract increasing attention. Although there was some discussion of manipulating regional climates throughout the l970s and l980s. the discussion was largely dormant. What has reawakened the conversation is the possibility that Earth may be undergoing a greenhouse-induced global wamring, and the paucity of serious measures that have been taken to Prevent it. ln this paper Iassess the ethical acceptability of ICC, based on my impressions of the conversation that is (...) now taking place. Rather than offering a dispassionate analysis, I argue for a point of view. I propose a set of conditions that must be satisfied for an ICC project to be morally permissible and conclude that these conditions are not now satisfied. However, research on ICC should go forward.. (shrink)

The contributors to this issue focus on legal internationalism, including hybrid mixes with nationalist forms. They have provoked us as editors to think more about these sites and forms of engagement. Sankey shows how civic participation in the ECCC has played a key role in surfacing the gendered harms of separation and starvation. Turan highlights the problems with ICC exclusion of the experience of men and boys from sexual violence. Peroni expresses her hesitations over the Istanbul Convention given an association (...) between assumed vulnerability and migrant women, while admiring its uncoupling of violence and culture. Cruz’s interview with Wendy Brown contextualizes and expands on these themes as they consider, with other participants, the future of feminist theory in the context of neo-liberal capturing of rights and legal space. Thinking more about internationalism and commitment in this context also helps us hold a mirror up to ourselves as we reflect more critically on our own naming of FLS as an ‘international’ journal. Together these contributions, and the reviews of new work, play a role in fleshing out an editorial commitment to enacting the journal as a living thing that ‘hangs together somehow’ even as it is known differently in different places. (shrink)

An emerging consensus regards domestic amnesties for international crimes as generally inconsistent with international law. This legal consensus rests on a norm against impunity: the chief role of international criminal law, and of the fledgling International Criminal Court , is to end impunity for violators of the worst of criminal acts. But the anti-impunity norm, and the anti-amnesty consensus that has arisen from it, now face serious difficulties. The ICC's role in the ongoing conflict in Northern Uganda illustrates the deadlock (...) that has now emerged between countries wishing to retain the power to use domestic politics and criminal law as tools for negotiation with current or outgoing perpetrators, on the one side, and the ICC's determination to apply a consistent international anti-impunity norm, on the other. The paper argues that the anti-impunity norm itself is based on a narrowly retributivist conception of criminal justice. A broader norm for democratic accountability, by contrast, would continue to prefer prosecutions over amnesties in international law, less for the opportunity for deserved retribution for perpetrators than for the public enactment of the deliberative procedures associated with the rule of law.Keywords: amnesty; impunity; international law; international criminal court. (shrink)

Involuntary civil commitment to treatment for opioid use disorder prevents imminent overdose, but also restricts autonomy and raises other ethical concerns. Using the Kass Public Health Ethics Framework, we identified ICC benefits and harms. Benefits include: protection of vulnerable, underserved patients; reduced legal consequences; resources for families; and “on-demand” treatment access. Harms include: stigmatizing and punitive experiences; heightened family conflict and social isolation; eroded patient self-determination; limited or no provision of OUD medications; and long-term overdose risk. To use ICC ethically, (...) it should be recognized as comprising vulnerable patients worthy of added protections; be a last resort option; utilize consensual, humanizing processes; provide medications and other evidence-based-treatment; integrate with existing healthcare systems; and demonstrate effective outcomes before diffusion. ICC to OUD treatment carries significant potential harms that, if unaddressed, may outweigh its benefits. Findings can inform innovations for ensuring that ICC is used in an ethically responsible way. (shrink)

Background: Screen time among adults represents a continuing and growing problem in relation to health behaviors and health outcomes. However, no instrument currently exists in the literature that quantifies the use of modern screen-based devices. The primary purpose of this study was to develop and assess the reliability of a new screen time questionnaire, an instrument designed to quantify use of multiple popular screen-based devices among the US population. -/- Methods: An 18-item screen-time questionnaire was created to quantify use of (...) commonly used screen devices (e.g. television, smartphone, tablet) across different time points during the week (e.g. weekday, weeknight, weekend). Test-retest reliability was assessed through intra-class correlation coefficients (ICCs) and standard error of measurement (SEM). The questionnaire was delivered online using Qualtrics and administered through Amazon Mechanical Turk (MTurk). -/- Results: Eighty MTurk workers completed full study participation and were included in the final analyses. All items in the screen time questionnaire showed fair to excellent relative reliability (ICCs = 0.50–0.90; all < 0.000), except for the item inquiring about the use of smartphone during an average weekend day (ICC = 0.16, p = 0.069). The SEM values were large for all screen types across the different periods under study. -/- Conclusions: Results from this study suggest this self-administered questionnaire may be used to successfully classify individuals into different categories of screen time use (e.g. high vs. low); however, it is likely that objective measures are needed to increase precision of screen time assessment. (shrink)

Recent global efforts of the United States and England to withdraw from international institutions, along with recent challenges to human rights courts from Poland and Hungary, have been described as part of a growing global populist backlash against the liberal international order. Several scholars have even identified the recent threat of mass withdrawal of African states from the International Criminal Court (ICC) as part of this global populist backlash. Are the African challenges to the ICC part of a global populist (...) movement developing in Africa? More fundamentally, how are the African challenges to the ICC examples of populism, if at all? In this paper, I show that, while there is considerable overlap between the strategies used by particular African leaders to challenge the ICC and those typically considered populist, as well as a discernible thin populist ideology to sustain them, there is insufficient evidence of a larger anti-ICC populist movement in Africa. Although Africa is not as united against the ICC as the populist narrative suggests, the recent challenges to the Court from Africa pose a significant challenge to the Court, as the institution is still in the early stages of building its legitimacy. (shrink)

Conscientious objection poses ethical dilemmas frequently encountered by nurses, allowing them to prioritize personal beliefs in caregiving. However, it may also be viewed as a stance jeopardizing patients’ healthcare access. There is no measurement tool to measure conscientious objection in nurses. This study aimed to develop a measurement tool for nurses’ conscientious objection attitudes. This research is a methodological study conducted with a total of 261 nurses in Turkiye. Following content validity assessments by ten experts, a 29-item draft scale was (...) developed. Exploratory and confirmatory factor analyses examined the factor structure, and reliability was assessed via the Spearman-Brown coefficient, intraclass correlation coefficient (ICC), and Bland Altman plot. Cronbach’s alpha estimated internal consistency and discrimination, which were evaluated by comparing lower and upper 27% groups. The Nurses’ Conscientious Objection Attitude Scale (COAS-N) comprises 29 items and three sub-dimensions (prioritizing professional values, prioritizing personal values, and requesting the right to conscientious objection). Cronbach’s alpha for the entire scale is 0.81. Validity and reliability were established for the newly developed scale measuring nurses’ conscientious objection attitudes. (shrink)

Background: Editorial peer review is universally used but little studied. We examined the relationship between external reviewers' recommendations and the editorial outcome of manuscripts undergoing external peer-review at the Journal of General Internal Medicine. Methodology/Principal Findings: We examined reviewer recommendations and editors' decisions at JGIM between 2004 and 2008. For manuscripts undergoing peer review, we calculated chance-corrected agreement among reviewers on recommendations to reject versus accept or revise. Using mixed effects logistic regression models, we estimated intra-class correlation coefficients at the (...) reviewer and manuscript level. Finally, we examined the probability of rejection in relation to reviewer agreement and disagreement. The 2264 manuscripts sent for external review during the study period received 5881 reviews provided by 2916 reviewers; 28% of reviews recommended rejection. Chance corrected agreement on rejection among reviewers was 0.11. In mixed effects models adjusting for study year and manuscript type, the reviewer-level ICC was 0.23 and the manuscript-level ICC was 0.17. The editors' overall rejection rate was 48%: 88% when all reviewers for a manuscript agreed on rejection and 20% when all reviewers agreed that the manuscript should not be rejected. Conclusions/Significance: Reviewers at JGIM agreed on recommendations to reject vs. accept/revise at levels barely beyond chance, yet editors placed considerable weight on reviewers' recommendations. Efforts are needed to improve the reliability of the peer-review process while helping editors understand the limitations of reviewers' recommendations. © 2010 Kravitz et al. (shrink)

Background Patient dignity is sometimes neglected in intensive care unit (ICU) settings, which may potentially cause psychological harm to critically ill patients. However, no instrument has been specifically developed to evaluate the behaviors of dignified care among critical care nurses. Aim This study aimed to develop and evaluate ICU Dignified Care Questionnaire (IDCQ) for measurement of self-assessed dignity-conserving behaviors of critical care nurses during care. Methods The instrument was developed in 3 phases. Phase 1: item generation; phase 2: a two-round (...) Delphi survey and a readability pilot study; phase 3: cross-sectional survey with model estimation. The questionnaire was evaluated by item analysis, exploratory and confirmatory factor analysis, assessment of internal consistency reliability, and test-retest reliability. The investigation was conducted using a convenience sample of 392 critical care nurses from 6 cities in Zhejiang Province, China, of which 30 participated in the test-retest reliability survey 2 weeks later. Ethical considerations The study was approved by ethics committee. All participants provided written informed consent before the survey. The questionnaire survey was anonymous. Results The results showed acceptable reliability and validity of the IDCQ. The 17-item final version questionnaire was divided into 2 dimensions: absolute dignity and relative dignity. These two factors accounted for 62.804% of the total variance, and model fitting results were acceptable. The Cronbach’s alpha coefficient of the questionnaire was 0.94, and the test-retest intraclass correlation coefficient (ICC) was 0.88 after 2 weeks. Conclusions This study developed a brief and reliable instrument (IDCQ) to assess dignified care in ICU nursing. It can help critical care nurses identify their behaviors in maintaining patient dignity and discover their deficiencies. It may also serve as a clinical nursing management tool to help reduce patient disrespect experience in ICU. (shrink)

Background and aimThe nature of pediatric settings may encounter nurses with more complicated ethical issues. A code of ethics guides nurses to act and decide ethically as a profession. Also, there is always a need to evaluate amount nurses adhere to this code of ethics, using valid and reliable instruments. This study aimed to develop a questionnaire and assess its psychometric properties to measure pediatric nurses' adherence to the code of ethics. MethodsIn this methodological research study, firstly, the questionnaire was (...) developed based on an extensive review of the related literature and the theoretical framework of nursing ethics. A panel of experts (n = 12) reviewed the preliminary questionnaire qualitatively and quantitatively (using CVI and CVR). A conveniently selected sample of 156 nurses working in pediatric wards in three hospitals filled out the questionnaire. The psychometric process included determining sample size and data adequacy using KMO and Bartlette's test of sphericity; exploratory factor analysis (principal component method with Promax rotation); item analysis; and Cronbach's alpha coefficient. Also, the Interclass Correlation Index (ICC) value was determined using a two-week interval test–retest method on 30 eligible nurses.ResultsThe CVI and CVR for the entire questionnaire were 0.85 and 0.78, respectively. The CVI and CVR of all items were reported higher than 0.59 and 0.8, respectively. Cronbach's alpha of the 28-items instrument was 0.92. Extracted six factors explained 65.31% of the total variance, and the values of the item correlations with the total questionnaire showed good internal consistency (0.52 to 0.90). The items of each factor were evaluated to determine the values they represent. Accordingly, the factors were named beneficence, nonmaleficence, human dignity, autonomy, informed consent, and honesty. The ICC value was 0.99.ConclusionsThe developed instrument is acceptable and has good reliability and validity. It can be used to assess the amount of pediatric nurses' adherence to the code of ethics by managers, teachers, and researchers. (shrink)

In recent years, the phenomenal development and application of technology have given rise to new means and forms of international commercial dispute resolution. In particular, in the post-COVID era, the demand for efficient, flexible and cost-saving dispute resolution methods has increased significantly. Therefore, technology-enabled digital methods such as online arbitration, have become more widely accepted and applied. At the same time, globalisation has turned international commercial disputes increasingly complex, which often involves the interests of third parties. According to data released (...) by arbitral institutes, about 40% of arbitration cases worldwide involve more than two parties. As there is an increasing number of multi-party arbitration cases, multi-party dispute resolution mechanisms have played a more prominent role in such circumstances. Digitalisation and globalisation have facilitated multi-party projects, but they have also inevitably increased risks in multi-party disputes. For instance, arbitration is a business-friendly process, but the consensual nature of arbitration does not easily accommodate multi-party disputes. Although digitalisation in the conduction of arbitrations has made it more efficient and increased the access of multi-party commercial disputes to resolution, it still has not helped arbitration overcome the basis of party’s consent. This paper will examine the joinder mechanism in international commercial arbitration, focusing on its interaction with traditional theories and principles of arbitration, the joinder provisions in the rules of several leading arbitral institutions (e.g. ICC, LCIA, HKIAC and SCAI), and the value of the joinder mechanism in the context of digitalisation. (shrink)

The most serious candidates for common causes that fail to screen off and thus violate the causal Markov condition refer to quantum phenomena. In her seminal debate with Hausman and Woodward, Cartwright early on focussed on unfortunate non-quantum examples. Especially, Hausman and Woodward’s redescriptions of quantum cases saving the CMC remain unchallenged. This paper takes up this lose end of the discussion and aims to resolve the debate in favour of Cartwright’s position. It systematically considers redescriptions of ICC structures, including (...) those by Hausman and Woodward, and explains why these are inappropriate, when quantum mechanics is true. It first shows that all cases of purported quantum ICCs are cases of entanglement and then, using the tools of causal modelling, it provides an analysis of the quantum mechanical formalism for the case that the collapse of entangled systems is best described as a causal model with an ICC. (shrink)

I arrived in Vientiane in late March, 1970, with two friends, Douglas Dowd and Richard Fernandez, expecting to take the International Control Commission plane to Hanoi the following day. The Indian bureaucrat in charge of the weekly ICC flight immediately informed us, however, that this was not to be. The DRV delegation had returned from Pnompenh to Hanoi on the previous flight after the sacking of the Embassy by Cambodian troops, and the flight we intended to take was completely occupied (...) by passengers scheduled for the preceding week. Efforts by the DRV and American embassies were unavailing, and, after exploring various farfetched schemes, we decided, at first without much enthusiasm, to stay in Vientiane and try our luck a week later. (shrink)

This article is a response to a call for a study of international criminal law as an economic phenomenon, going beyond addressing administrability, commensurability, and interpersonal comparison of utility, band instead focusing on problems of institutional choice. This approach differs from the typical methods of normative and descriptive scholarship of international criminal law. An institution like the International Criminal Court can be usefully examined as an international public good, and as such offering little incentives for states such as the United (...) States of America to join as they can enjoy benefits without costs. This article examines the economic basis for the US non-participation in the ICC and grapples with future prospectives. (shrink)

Crimes Against Humanity and Hostes Generis Humani In ‘The Enemy of All Humanity’, David Luban provides an insightful and plausible account of the idea of the hostis generis humani (one that shows that the hostis need not be understood to be an outlaw), and of the distinctive character of the crimes against humanity that the hostis commits. However, I argue in this paper, his suggestion that the hostis is answerable to a moral community of humanity (in whose name the ICC (...) must thus claim to speak) is not tenable. Once we recognize the intimate connection between criminal law and political community, we can see that the hostis should answer to the local, domestic political community in and against which he commits his crimes; and that the proper role of the International Criminal Court, acting in the name of the community of nations, is to provide a second-best substitute for such answering when the local polity cannot or will not hold him to account. (shrink)

This article attempts to demonstrate that the use of the International Criminal Court (ICC), which is retributive in praxis to address crimes against humanity in post-conflict societies without concurrent comprehensive political restorative processes, is ineffective. This article uses the Kenyan case after the 2007/8 post-election violence (PEV) to demonstrate the ineffectiveness of a retributive justice approach toward social reconstruction. The main weakness of the ICC as an institution using lies in its narrow focus on and use of retributive justice, as (...) an essential transitional process. This article shows that such an approach, fails, though not absolutely, to efficiently offer a comprehensive process likely to promote possibilities for peace and reconciliation. Thus, the article suggests restorative justice as a necessary political strategy to foster peace and unity in Kenya. (shrink)

The paper, written for a research handbook, critically surveys some fundamental philosophical, historical, and doctrinal issues in the crime of aggression. The two introductory sections set the theoretical issues in the context of Russia’s invasion of Ukraine, and explain the origins of criminalizing aggression under the heading of “crimes against peace.” Section 3 explores an ambiguity between aggression as first use of force and aggression as unprovoked use of force, while section 4 discusses the doctrinal distinction between acts of aggression (...) and wars of aggression. Sections 5 and 6 turn to the theory of aggression. Section 5 examines modern versus early modern just war theorists’ views of just cause. Section 6 explores various theories of what exactly makes aggressive war so evil that it belongs in the pantheon of core crimes, side by side with genocide, crimes against humanity, and other war crimes. The basic question is whether aggression is fundamentally a crime against states, a crime against human rights, or a crime against peace itself. I reject the first, statist, version, and endorse the human rights version. I examine three versions of the view that aggressive war is fundamentally about its human costs: that aggressive wars lead to atrocities (Trainin); that aggressive wars lead more generally to unjustified killings (Dannenbaum); and that aggressive wars lead to both unjustified killings by the aggressor, and to unnecessary killings that include the justified killings of aggressors’ troops by defenders (Mégret). As for crimes against peace, I argue that this theory of aggression’s evils comes in two “flavors,” one of which has justly been criticized by postcolonial writers, and one of which I think is legitimate. The former originates in Judge Pal’s famous dissenting opinion in the IMTFE, and argues that criminalizing aggression is a move by colonial powers to freeze the oppressive status quo. The more legitimate version is that in an age of catastrophically destructive weapons, the risks of escalation in armed conflict –the threat that conflicts will spiral into world wars–are simply too great in human terms. Thus, the legitimate version of “crimes against peace” is part and parcel of the human rights analysis. The final sections break new ground. Section 7 considers whether aggression is solely a leadership crime. Everyone agrees that it would be wrong to punish ordinary soldiers for the crime of aggression launched by their leaders. The questions is why, and it is not easy to answer. Examining it brings us to a contemporary dispute over which leaders can be prosecuted: only those who control or direct the aggressive policies (as per the ICC’s Rome Statute), or others as well, who “shape or influence” the policy without necessarily directing it (as the customary rule used to be formulated). I argue against any narrowing of the leadership clause. Section 8 explores the “paradox of immunity”: Under the legal principle of sovereign immunity, apex leaders are immune from prosecution in the courts of another state. But under the narrow leadership clause, only apex leaders can be prosecuted. Here I argue for a surprising conclusion: that in fact there never was a customary rule of immunity for the crime of aggression. If so, the paradox of immunity disappears. This resolution also helps cut the Gordian knot of a current debate about whether a relatively small subset of states (the EU, perhaps) can form an aggression tribunal and call it “international.”. (shrink)

The following Review Essay, inspired by Tracy Isaacs’ new book, Moral Responsibility in Collective Contexts, connects the philosophical literature on group agency with recent trends in international criminal law. Part I of the Essay sketches out the relevant philosophical positions, including collectivist and individualist accounts of group agency. Particular attention is paid to Kornhauser and Sager’s development of the doctrinal paradox, Philip Pettit’s deployment of the paradox towards a general argument for group rationality, and Michael Bratman’s account of shared or (...) joint intentions. Part II then analyzes, with cautious support, Isaacs’ two-level solution, which entails both individual and collective moral responsibility. Under this view, collective moral agency is a real phenomenon, though the existence of the collective neither obviates nor eliminates the moral responsibility of the individuals from which it is composed. My own evaluation of the proposed solution concentrates on Davidson’s Principle of Charity and whether behavior interpretation requires viewing such agents in particular ways so as to maximize rationality. By analogy to the distinctive rationality of long-term plans, where the rationality of an individual act can only be understood relative to its place in the rationally justified long-term plan of a single individual, I also consider the rationality of individual acts whose rationality can only be understood relative to the group endeavors of which they are a part. Finally, Part III traces some implications of the two-level solution for legal doctrine, in particular the role of collective organizations in the recent jurisprudence of the International Criminal Court. For example, I note that the ICC has recently become more and more focused on the role played by goal-oriented collectives, especially with regard to the plan or policy requirement for crimes against humanity and, in the context of modes of liability, indirect liability for crimes committed through an organization. (shrink)

Background: Understanding is an important goal of the informed consent process in research. We sought to assess the interrater reliability (IRR) and concurrent validity of two measures of understanding in child and young adult subjects and their parents. Methods: We conducted a cross-sectional survey and interview-based study of children and young adults participating in a clinical trial for cancer, along with one parent per child or young adult subject. We estimated the IRR of the Semi-Structured Comprehension Interview (SSCI) and the (...) MacArthur Competence Assessment Tool for Clinical Research (MacCAT-CR). We also estimated concordance between the SSCI, the MacCAT-CR, and the Quality of Informed Consent (QuIC). Results: For our sample of 32 subjects (16 parent–child pairs), IRR estimates were high for total score on the SSCI (intraclass correlation coefficient [ICC] = 0.88, 95% confidence interval [CI] = 0.76–0.94), as well as on the understanding (ICC = 0.93, 95% CI = 0.86–0.97) and reasoning (ICC = 0.97, 95% CI = 0.94–0.98) subscales of the MacCAT-CR. IRR was lower for the appreciation subscale of the MacCAT-CR (ICC = 0.70, 95% CI = 0.47–0.84). Scores on the SSCI were strongly correlated with scores on the understanding subscale of the MacCAT-CR (Spearman's rho = 0.72, 95% CI = 0.48–0.85) and the QuIC (Spearman's rho = 0.66, 95% CI = 0.24–0.87). Mean administration time for the SSCI was 3.1 minutes (95% CI = 2.7–3.5 minutes). Conclusions: The SSCI is a valid and reliable measure of understanding for use with both pediatric and adult research participants. It is easy to administer and score consistently, even by nonprofessional raters. The SSCI is a promising tool for use by clinician-investigators to study, detect, and correct deficiencies in understanding among children, adolescents, and adults making decisions about research participation. (shrink)

This book analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. The book demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain. This book introduces an ethics and CSR system recommending a reward-based whistleblowing (...) mechanism, internal oversight by a CSR and Ethics Committee comprised of independent board members and at least one sustainability expert, and an external, independent and comprehensive assurance of CSR reports provided by auditing firms or newly formed governmental agencies consisting of certified CSR experts. The author emphasizes the significance for supply chain leaders to ensure contractual enforcement of their codes of business ethics and conduct along the supply chain. Against this background, the author created a comprehensive fictitious case scenario covering a supply chain dispute arising from the breach of the supply chain leader’s code of business conduct and ethics by a lower-tier supply chain member. The author acknowledges the fact that in most of the cases the governing law of international supply chain contracts is English law or law based on English law. Thus, the author discusses potential contractual claims for damages arising from a loss of profits caused by a loss of reputation resulting from violations of core provisions of the chain leader’s supplier code of conduct pursuant to English law. As international supply chain disputes usually involve more than two parties, and international arbitration is the ideal means for the resolution of these disputes, the book compares the arbitration rules for consolidations and joinders of some of the most significant international arbitration institutions: SIAC, ICC, AIAC, ICDR, VIAC, CIETAC and HKIAC. The book is directed at legal practitioners, legislators of various jurisdictions, board members of corporations, ethics and compliance officers, academics, researchers and students. It is the author’s main goal that the book serves as an inspirational source for the establishment or the improvement of a corporate ethics and CSR system preventing window-dressing and greenwashing and covering the entire supply chain. Furthermore, it is intended that students develop a deeper understanding for the enforcement of corporate ethics and CSR policies. (shrink)

BackgroundMeasuring the outcomes of palliative care plays an important role to improve the quality, efficiency, and availability of these services in patients with cancer. Using valid, reliable, and culturally appropriate tools has a considerable role to measure these outcomes. This study aimed to assess the psychometric properties of the translated version of the Palliative care Outcome Scale.MethodsThis methodological study was conducted in two outpatient clinics related to Shohada Tajrish and Baqiyatallah hospitals in Tehran in 2019–2020. The translation was done using (...) the Forward-Backward approach after gaining permission from the developer. Face validity was tested with 10 patients with cancer through cognitive interviewing, as well as content validity with four experts. Construct validity was performed by exploratory factor analysis and confirmation. To assess the reliability, internal consistency was assessed by using Cronbach's alpha coefficient, and relative stability was assessed using the interclass correlation coefficient. Furthermore, interpretability and ceiling and floor effects were assessed.ResultsA total of 353 patients with cancer under palliative care were included in the study. Then, three psychological, physical, and social factors with a cumulative variance of 54.34% were extracted in exploratory factor analysis. Confirmatory factor analysis showed that the model has a good fit of information. Cronbach's alpha coefficient for scale was 0.719. Furthermore, the ICC was 0.812. The scale was interpretable, and ceiling and floor effects were 0%.ConclusionPersian version of the POS was evaluated as a valid and reliable tool. Therefore, it can be used by the clinician to monitor the consequences of palliative care in Iranian cancer patients. (shrink)

Legal professionals in Malawi rely on a limited number of textbooks, outdated law reports and inadequate library services. Most documents available are in image form, are un-structured, i.e. contain no useful legal meta-data, summaries, keynotes, and do not support a system of citation that is essential to legal research. While advances in document processing and machine learning have benefited many fields, legal research is still only marginally affected. In this interdisciplinary research, the authors build semi-automatic tools for creating a corpus (...) of Malawi criminal law decisions annotated with legal meta-data, case and law citations. We used this corpus to extract legal meta-data, including law and case citations as used in Malawi by employing machine learning tools, spaCy and Gensim LDA. We set the foundation for a new methodology for classifying Malawi criminal case law according to the recently introduced International Classification of Crime for Statistical Purposes (ICCS). (shrink)

By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the authority to judge certain crimes. (...) This article examines the moral foundation for the authority of international tribunals, arguing that it can be grounded on delegation of powers from the states with primary jurisdiction. The first part of the article examines whether there is any problem, as a matter of principle, in founding the courts’ jurisdictional authority on delegation of powers. It will argue that contrary to David Luban’s view, there is no inherent problem with states delegating their power to punish to other states or to international tribunals. Nevertheless, in making such a decision the ability of the court to provide fair process—a necessary requirement for the court’s ability to issue authoritative decisions—should be taken into account. The second part of the article takes the ICC as a case study and examines whether its jurisdiction can be grounded on delegation of powers. It will be shown that the court’s jurisdiction can indeed be founded on both direct and indirect delegation of jurisdiction from states with primary jurisdiction. This conclusion suggests that other international tribunals created by either multilateral treaties or by Security Council decisions may also be founded on similar grounds. (shrink)

Many scholars and activists have argued that the International Criminal Court holds potential for advancing the rights of women and girls, leading to extensive feminist engagement with and investment in the Court. As the ICC enters its second decade of existence, this article offers a reflection on both the possibilities and the challenges facing feminists. Can the international criminal law really offer a site for enhancing the rights of women? And if so, how? To explore these questions I focus on (...) the interaction between feminist activism and international criminal law institutions in relation to crimes of sexual and gender-based violence. I argue that some of the feminist strategies deployed to get sexual violence onto the international agenda have resulted in perverse outcomes. This should lead us to greater critical reflection regarding how international law conceives of sexual violence and direct our future engagements with international legal institutions. In particular feminist activists and scholars need to move away from focusing on the number of prosecutions towards challenging the international criminal law to characterise the nature of the harm in accordance with a recognition of sexual rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:HUME ON CONTINUED EXISTENCE AND THE IDENTITY OF CHANGING THINGS Most discussions of Hume's rather cursory treatment of coherence as a factor in generating belief in what he calls the continu' d existence of objects in Of Scepticism with Regard to the Senses, have taken a common line in interpreting the nature of the problem Hume's treatment is designed to solve. For instance, perhaps the two most ex2 3 (...) tensive discussions, those of Price and Gomberg seem to agree that the problem is: how do we fill in the gaps among our perceptions, complete sequences or series that are incomplete, and come to believe in the existence of a world of unperceived objects. At the same time such discussions have focussed on the issue of whether the inference from the coherence of our perceptions to belief in the continued existence of objects (ICCE) is, as Hume claims, distinguishable from causal inference. Hume is read in such a way that ICCE if not causal is at least quasi-causal; that is, the only difference for Hume between the two sorts of inference has been taken to be one concerning the evidence on which each is based — causal inferences on past constant conjunctions or uniformities, ICCE on something less. I believe that these discussions have invariably omitted a key factor in understanding Hume's treatment of coherence, one that I want to point out and develop in this paper. Hume's discussion of coherence, like his discussion of constancy, is bound up with the concept of identity; for belief in the continued existence of an object, which coherence generates, is a belief about its identity. Hence a causal inference is distinguished from ICCE by Hume as only the latter necessarily involves belief in the identity of an object over time. Once this is recognized, we can view Hume's discussion^of coherence as requiring an answer to the question: "How do we come to believe in the identity of changing things?" I want to consider two interpretations of 106. the exact nature of ICCE for Hume — one suggested by examples offered in his discussion of coherence, the other suggested by remarks about the concept of identity in other sections of Part Four of Book One of the Treatise — and to argue that neither satisfactorily answers this question. This failure raises doubts not only about ICCE but about the tenability of Hume's characterization of the "vulgar" view of perception and his view of identity. When Hume first answers the question, "What qualities of our impressions or perceptions lead us to attribute to them a distinct and continued existence,?" by isolating the qualities of constancy and coherence, I think it is clear that the former is invoked to account for objects which are, at least in a relative sense, unchanging, which have always appear 'd to me in the same order and return upon me without the least alteration (T194), while the latter is invoked especially, if not solely, to account for objects that underto rather large changes over time, things which after a little absence or interruption may become hardly knowable. (T195) Hume's example concerns a fire in his chamber, which undergoes great change from the moment he leaves (or perhaps the moment it is lighted) to the time he returns (or perhaps the time it is a bunch of glowing embers), but which, nevertheless, compared to other fires undergoes a like alteration...in a like time. (T195) Whatever more coherence can do, it is required, at least initially, to account for just those cases which cannot be subsumed under constancy, in other words, cases in which changing objects are taken to possess distinct and continued existence. In the famous paragraph following his initial comments on coherence, Hume seemingly proceeds to explain how coherence gives rise to belief in continued existence. The account runs basically as follows. Hume hears a noise, as of a door turning; he sees a porter coming toward him. But, Hume says, I never have observ' d3 that this noise could proceed from anything but the motion of a 107. door; and therefore conclude, that the present phaenomenon is a contradiction to all past experience... (shrink)

Background: Monitoring the daily change in resting heart rate variability can provide information regarding training adaptation and recovery status of the autonomic nervous system during training camps. However, it remains unclear whether postural stabilization is essential for valid and reliable ultra-short-term recordings in short-term overseas training camps.Design: Observational and longitudinal study.Purpose: This study aimed to investigate ultra-short-term heart rate variability recordings under stabilization or post-stabilization periods in four overseas training camps.Participant: Twenty-seven U-20 male national team futsal players voluntarily participated in (...) this study.Method: Resting HRV was evaluated for 10 min during the early morning of each training camp. The natural logarithm of the root mean square of successive normal-to-normal interval differences was used for comparisons. Time segments of HRV were divided into two periods with three measures within each: the first 30-s, the first 60-s, and the 5-min standard during stabilization; the first 30-s, the first 60-s, and the 5-min standard after stabilization.Result: The results demonstrated trivial to small ES, very large to nearly perfect ICC, and narrow range of SEM when all time segments of HRVUST were compared to the 1st_5 min and 2nd_5 min HRV. Furthermore, the magnitude of the correlation coefficients ranged from very high to nearly perfect for all the time segments. The HRVUST posted excellent agreement in all time segments with/without postural stabilization. Trivial to small levels of effect size in all time segments of LnRMSSDmean and LnRMSSDcv across overseas training camps was identified.Conclusion: The first 30 or 60-s LnRMSSD recordings can be used to evaluate daily cardiac-autonomic function during overseas training camps in futsal players. The process for stabilization seems to be unnecessary for measuring the morning resting LnRMSSD in overseas training camps among young adult futsal players. (shrink)

The world's first permanent international criminal tribunal for the prosecution and punishment of the world's most serious crimes was created in 2002. In Bringing Power to Justice? legal scholars, political scientists, and political philosophers respond to fundamental questions about the future of this court and international criminal justice. For instance, will the ICC be undermined by political constraints, given the opposition of major powers, including the United States? What are the implications of holding heads of state responsible for international crimes? (...) Are trials the best response to state crime or would other devices (such as truth commissions) be more suitable? Is retributive justice an appropriate response? The contributors offer indispensable and thoughtful assessment of the future of international criminal justice. (shrink)

Background: No studies have examined the underlying structure or predictive validity of the Cognitive Therapy Adherence and Competence Scale. Examining the structure of the CTACS is of great relevance because it could provide information on what constitutes competence in CBT, and whether some underlying factors are more important for predicting treatment outcomes than others. This study investigates the psychometric properties of the Norwegian version of CTACS and its associations with treatment outcomes in a sample of primary care clients who received (...) CBT for anxiety and/or depression.Method: Independent assessors rated audiotaped therapy sessions in a sample of 132 primary care clients, participating in the Prompt Mental Health Care trial. Outcomes were symptoms of anxiety and depression assessed by patient self-report questionnaires. Structural validity was examined by means of confirmatory and exploratory factor analyses, whereas longitudinal associations with treatment outcome were explored by adopting multilevel modeling.Results: No evidence was found for the divergent validity of the constructs competence and adherence as indicated by a very high correlation between these two subscales in CTACS. Regarding reliability, ICCs for the mean score of the full competence scale and its associated subscales were generally good to excellent, although the subscale measuring the quality of the therapeutic relationship was relatively low. Internal consistency was overall acceptable, but our CFA models did not provide an acceptable fit for the pre-specified one-factor and four-factor solutions. EFA results were difficult to interpret, with a sub-optimal three-factor solution providing best model fit and only two meaningful factors [CBT specific skills and session structure ]. Overall, the results indicated no evidence for the scales' predictive validity.Conclusion: Our findings point to several psychometric problems of the CTACS that may limit both its research and clinical utility. The importance of providing empirical evidence for both reliability and validity aspects of scales are discussed and suggestions for future research are provided. (shrink)