bluuebunny/crossref_metadata_2025 huggingface dataset:
A bridging method for global optimization
Authors: Liu Y. , Teo K. L.
Published: February 2009

In this paper a bridging method is introduced for numerical solutions of one-dimensional global optimization problems where a continuously differentiable function is to be minimized over a finite interval which can be given either explicitly or by constraints involving continuously differentiable functions. The concept of a bridged function is introduced. Some properties of the bridged function are given. On this basis, several bridging algorithm are developed for the computation of global optimal solutions. The algorithms are demonstrated by solving several numerical examples.
Control of continuous-time systems with discrete jumps
Authors: Shi Peng
Published: February 2009

In this paper, the design of output feedback controllers for linear systems under sampled measurements is investigated. The performance we use is the worst-case gain from disturbances to the controlled output, which comprises both a continuous-time and a discretetime signal to be controlled. Control problems in both the finite and infinite horizonare addressed. Necessary and sufficient conditions for the existence of a suitable sampled-data output feedback controller are given in terms of two Riccati differential equations with finite discrete jumps. A numerical example is given to show the potential of the proposed technique.
A generalized Hankel transform and its use for solving certain partial differential equations
Authors: Ali I. , Kalla S.
Published: February 2009

We introduce a generalized form of the Hankel transform, and study some of its properties. A partial differential equation associated with the problem of transport of a heavy pollutant (dust) from the ground level sources within the framework of the diffusion theory is treated by this integral transform. The pollutant concentration is expressed in terms of a given flux of dust from the ground surface to the atmosphere. Some special cases are derived.
Knots and gravity
Authors: Toh Tze-Chuen , Anderson Malcolm R.
Published: February 2009

In the loop representation theory of non-perturbative quantum gravity, gravitational states are described by functionals on the loop space of a 3-manifold. In the order to gain a deeper insight into the physical interpretation of loop states, a natural question arises: to wit, how are gravitations related to loops? Some light will be shed on this question by establishing a definite relationship between loops and 3-geometries of the 3-manifold.
Foliations in supergravity
Authors: Chan Wai Kin , Castillo Reynaldo , Lai King Fai
Published: February 2009

Following upon a previous paper [1] on the existence of chiral transformations in a foliated version of the Cremmer, Julia and Scherk model, we deduce a couple of interesting properties of the model. These are:

(i) TM4 is isomorphic to a quotient Lie pseudoalgebra on the algebra of basic functions in M11;

(ii) There is a locally trivial fibration which exhibits M11 as M7 × U, U ⊂ W and W is the basic manifold of the foliation [5]

(iii) The chiral group of the model is identified as Clx (L, gL) × Clx (Q, gQ), the factors are respectively the multiplication groups of units in the Clifford algebras Clx (L, gL) and Clx (Q, gQ) and matching of this group with phenomenology is briefly discussed.
What is a shell-crossing singularity?
Authors: Szekeres Peter , Lun Anthony
Published: February 2009

A detailed discussion of Newtonian and general relativistic spherically symmetric dust solutions leads to the following suggested criteria for a singularity to be classified as a shell-cross: (1) All Jacobi fields have finite limits (in an orthonormal parallel propagated frame) as they approach the singularity. (2) The boundary region forms an essential C2 singularity which is C1 regular, that is it can be transformed away by a C1 coordinate transformation.
Near-field expansion of the metric due to a cosmic string
Authors: Anderson Malcolm
Published: February 2009

By erecting a co-ordinate system tailored to the geometry of a cosmic string and examining the properties of the near gravitational field, it is possible to distinguish two types of gravitational waves supported by a general string metric. The first type, travelling waves, are completely decoupled from the curvature of the world sheet, whereas the second type, which I choose to call curvature waves, are generated in response to any non-trivial geometric structure on the string.
Dilaton black holes with a cosmological term
Authors: Wiltshire David L.
Published: February 2009

The properties of static spherically symmetric black holes, which carry electric and magnetic charges, and which are coupled to the dilaton in the presence of a cosmological constant, A, are reviewed.
Existence of stationary vacuum solutions of Einstein's equations in an exterior domain
Authors: Klenk Jürgen
Published: February 2009

A proof is given for the existence and uniqueness of a stationary vacuum solution (M, g, ξ) of the boundary value problem consisting of Einstein's equations in an exterior domain M diffeomorphic to R × Σ (where Σ = R3\B(0, R)) and boundary data depending on the Killing field ξ on ∂Σ. The boundary data must be sufficiently close to that of a stationary, spatially conformally flat vacuum solution .
Forced cubic Schrödinger equation with Robin boundary data: continuous dependency result
Authors: Bu Charles
Published: February 2009

For the cubic Schrödinger equation iut = uxx + k|u|2u, 0 ≤ x, t < ∞, initial data u(x, 0) = u0(x) ∈ H2[0, ∞), and Robin boundary data ux(0, t) + αu(0, t) = R(t) ∈ C2[0, ∞) (where α is real), we show that the solution u depends continuously on u0 and R.
On two lemmas of Brown and Shepp having application to sum sets and fractals, III
Authors: Elezović N. , Matić M. , Pearce C. E. M. , Pečarić J.
Published: February 2009

We improve some results of [17], which relate to key tools given in [7] for establishing canonical inequalities used in the analysis of sum sets and fractals.
An analysis of two and three dimensional unsteady withdrawal flows, using shallow water theory
Authors: Koerber A. J. , Forbes L. K.
Published: February 2009

This paper examines the predictions of shallow water theory for steady and unsteady withdrawal flows through an extended sink from fluid of finite depth. Two-dimensional plane flows and three-dimensional axi-symmetric flow through a circular drain are examined. Shallow water theory indicates the presence of limiting configurations, where the surface of the fluid collapses directly into the sink. In addition, this theory suggests that some previously computed steady solutions may be unstable.
On pursuit curves
Authors: Barton J. C. , Eliezer C. J.
Published: February 2009

Recently, several papers [2–4, 6] have been published concerning a pursuit problem which was apparently first posed explicitly by Leonardo da Vinci and which may have been present in earlier thinking about kinematics and geometry. Falconry appears to go back, in Europe, to the days of Pliny, Aristotle and Martial, and, in Asia, to 2000 BC [5].
The generalized Shannon system in wavelet space
Authors: Kim Hong Oh , Park Jong Ha
Published: February 2009

The Shannon system is generalized and the expansion of a function in the generalized Shannon system is considered. No study of a wavelet expansion exists without the assumption of ‘fast’ decay of wavelets. The wavelet ψ which is associated with the generalized Shannon system has a ‘slow’ decay. The expansion of a function in the system is shown to converge at a point which satisfies the Lipschitz condition of order α > 0. On the other hand, there is a continuous function whose wavelet expansion in the generalized Shannon system diverges. An observation of Gibbs' phenomenon is also given.
An analysis of a fractal Michaelis-Menten curve
Authors: Heidel Jack , Maloney John
Published: February 2009

Simple chemical reactions can be described by the Michaelis-Menten response curve relating the velocity V of the reaction and the concentration [S] of the substrate S. To handle more complicated reactions without introducing general polynomial response curves, the rate constants can be considered to be scale dependent. This leads to a new response curve with characteristic sigmoidal shape. But not all sigmoidal curves can be accurately fit with three parameters. In order to get an accurate fit, the lower part of the ∫ shaped curve cannot be too shallow and the upper part can't be too steep. This paper determines an exact mathematical expression for the steepness and shallowness allowed.
Dynamics of a delayed population model with feedback control
Authors: Wendi Wang , Chunlei Tang
Published: February 2009

This paper studies a system proposed by K. Gopalsamy and P. X. Weng to model a population growth with feedback control and time delays. Sufficient conditions are established under which the positive equilibrium of the system is globally attracting. The conjecture proposed by Gopalsamy and Weng is here confirmed and improved.
An open-channel flow meeting a barrier and forming one or two jets
Authors: Wiryanto L. H. , Tuck E. O.
Published: February 2009

A steady two-dimensional free-surface flow in a channel of finite depth is considered. The channel ends abruptly with a barrier in the form of a vertical wall of finite height. Hence the stream, which is uniform far upstream, is forced to go upward and then falls under the effect of gravity. A configuration is examined where the rising stream splits into two jets, one falling backward and the other forward over the wall, in a fountain-like manner. The backward-going jet is assumed to be removed without disturbing the incident stream. This problem is solved numerically by an integral-equation method. Solutions are obtained for various values of a parameter measuring the fraction of the total incoming flux that goes into the forward jet. The limit where this fraction is one is also examined, the water then all passing over the wall, with a 120° corner stagnation point on the upper free surface.
Accelerated spectral refinement Part I: simple eigenvalue
Authors: Alam Rafikul , Kulkarni Rekha P. , Limaye Balmohan V.
Published: February 2009

A general framework is developed for constructing higher order spectral refinement schemes for a simple eigenvalue. Well-known techniques for ordinary spectral refinement are carried over to higher order spectral refinement yielding faster rates of convergence. Numerical examples are given by considering an integral operator.
Global attractivity in differential equations with variable delays
Authors: Graef J. R. , Qian C.
Published: February 2009

Consider the forced differential equation with variable delay

where

We establish a sufficient condition for every solution to tend to zero. We also obtain a sharper condition for every solution to tend to zero when is asymptotically constant.
A quasi-Newton approach to identification of a parabolic system
Authors: Yu Wenhuan
Published: February 2009

A quasi-Newton method (QNM) in infinite-dimensional spaces for identifying parameters involved in distributed parameter systems is presented in this paper. Next, the linear convergence of a sequence generated by the QNM algorithm is also proved. We apply the QNM algorithm to an identification problem for a nonlinear parabolic partial differential equation to illustrate the efficiency of the QNM algorithm.
Electrophysiology of a leaky cable model for coupled neurons
Authors: Poznanski Roman R.
Published: February 2009

An analytical expression for the voltage response to current stimulation at relatively short and long times is used to obtain estimates of the passive electrical constants of a neuron that is electrotonically coupled at the soma and dendritic terminals to other neurons in a neural network.
Supplementary variable method applied to the MAP/G/1 queueing system
Authors: Choi Bong Dae , Hwang Gang Uk , Han Dong Hwan
Published: February 2009

In this paper we consider the MAP/G/1 queueing system with infinite capacity. In analysis, we use the supplementary variable method to derive the double transform of the queue length and the remaining service time of the customer in service (if any) in the steady state. As will be shown in this paper, our method is very simple and elegant. As a one-dimensional marginal transform of the double transform, we obtain the generating function of the queue length in the system for the MAP/G/1 queue, which is consistent with the known result.
Neutrally stable wave motions in thermally stratified Poiseuille-Couette flow
Authors: Denier James P. , Bassom Andrew P.
Published: February 2009

The influence of thermal buoyancy on neutral wave modes in Poiseuille-Couette flow is considered. We examine the modifications to the asymptotic structure first described by Mureithi, Denier & Stott [16], who demonstrated that neutral wave modes in a strongly thermally stratified boundary layer are localized at the position where the streamwise velocity attains its maximum value. The present work demonstrates that such a flow structure also holds for Poiseuille-Couette flow but that a new flow structure emerges as the position of maximum velocity approaches the wall (and which occurs as the level of shear, present as a consequence of the Couette component of the flow, is increased). The limiting behaviour of these wave modes is discussed thereby allowing us to identify the parameter regime appropriate to the eventual restabilization of the flow at moderate levels of shear.
On the scattering of water waves by a submerged slender barrier
Authors: Kundu P. K. , Saha N. K.
Published: February 2009

An approximate analysis, based on the standard perturbation technique, is described in this paper to find the corrections, up to first order to the reflection and transmission coefficients for the scattering of water waves by a submerged slender barrier, of finite length, in deep water. Analytical expressions for these corrections for a submerged nearly vertical plate as well as for a submerged vertically symmetric slender barrier of finite length are also deduced, as special cases, and identified with the known results. It is verified, analytically, that there is no first order correction to the transmitted wave at any frequency for a submerged nearly vertical plate. Computations for the reflection and transmission coefficients up to O(ε), where ε is a small dimensionless quantity, are also performed and presented in the form of both graphs and tables.
The BMAP/G/1 vacation queue with queue-length dependent vacation schedule
Authors: Shin Yang Woo , Pearce Chareles E. M.
Published: February 2009

We treat a single-server vacation queue with queue-length dependent vacation schedules. This subsumes the single-server vacation queue with exhaustive service discipline and the vacation queue with Bernoulli schedule as special cases. The lengths of vacation times depend on the number of customers in the system at the beginning of a vacation. The arrival process is a batch-Markovian arrival process (BMAP). We derive the queue-length distribution at departure epochs. By using a semi-Markov process technique, we obtain the Laplace-Stieltjes transform of the transient queue-length distribution at an arbitrary time point and its limiting distribution
International Humanitarian Law and United Nations Military Operations
Authors: Greenwood Christopher
Published: February 2009

The application of international humanitarian law to United Nations military operations is a subject that has attracted considerable interest almost from the inception of the United Nations. While the basic premise that United Nations forces should, at the very least, respect the ‘principles and spirit’ of international humanitarian law conventions has long commanded general acceptance, there has been considerable controversy both about the legal basis for this proposition — in particular, whether this duty of respect is something derived from general international law or the result of a specific and voluntary undertaking by the United Nations — and about the exact meaning of ‘principles and spirit’ in this context.
Implementing Legislation for the Application of the Law on the International Criminal Tribunal for the Former Yugoslavia and Criteria for its Evaluation
Authors: Josipović Ivo
Published: February 2009

The establishment of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991 (ICTY) and the adoption of its Statute heralded a new page in the history of international, particularly international criminal, law. For the first time since World War II, an international criminal court was established. The Tribunal was created in order to achieve important legal and political goals: to punish perpetrators of serious violations of international humanitarian law committed in the former Yugoslavia since 1991; to prevent further crimes; to facilitate the peace process; and to serve as a test for a future permanent international criminal court.
Interface, Correspondence and Convergence of Human Rights and International Humanitarian Law
Authors: Vinuesa Raúl Emilio
Published: February 2009

From a doctrinal point of view, the relationship between human rights and international humanitarian law (IHL) seems like a settled issue in terms of the correspondence of basic objectives and common aims.

Different theories have tried to explain that relationship, taking into consideration either that human rights and IHL are separate systems or that they are completely integrated within international law. Most recent positions emphasize their convergence into a scheme of mutual coordination and complementarity.

In our view, none of these positions clearly characterize the day-to-day interface between human rights and IHL. Taking that premise as a point of departure, our purpose is to demonstrate that there is no rational or organized convergence between the two systems of law, that similitude and correspondence are sometimes overwhelmed by diversity, and that gaps and overlaps between their rules are a common feature of their interrelations.
The Year in Review
Authors: McDonald Avril
Published: February 2009

Since the breakthrough adoption in 1977 of Protocols I and II Additional to the Geneva Conventions of 1949, the major issue and biggest challenge facing international humanitarian law (IHL) has been its implementation. The two Additional Protocols addressed many, though not all, of thelacunaeleft in IHL after the adoption of the Geneva Conventions in 1949. As one commentator has noted: ‘There is, however, aparticularly acute contrast between humanitarian law's highly developed rules, many of which enjoy nearly universal acceptance, and the repeated violations of those rules in conflicts around the world.’
The End of a Culture of Impunity in Rwanda? Prosecution of Genocide and War Crimes before Rwandan Courts and the International Criminal Tribunal for Rwanda
Authors: Cissé Catherine
Published: February 2009

Following the death of Rwandan President Juvénal Habyarimana in a plane crash on 6 April 1994, Hutu extremists, members of the Presidential Guard, Rwandan army troops, theInterhamwe(‘Those who work together’) militia affiliated to the ruling party, the M.R.N.D. (Mouvement Révolutionaire National pour la Démocratie) and theImpuzamugambi(‘Those with a single purpose’) militia of the extremist CDR Party (Coalition pour la Défense de la République) began the systematic and widespread killings of Tutsi civilians in the capital Kigali. Hutu moderates were also targeted. Early victims of the violence included Prime Minister Agathe Uwilingiyimana along with ten Belgian soldiers of the United Nations Assistance Mission for Rwanda (UNAMIR). This incident prompted the withdrawal of UNAMIR which left the perpetrators of the genocide a free rein. Ministers and the President of the Constitutional Court were also killed within hours of the plane crash.
The Pragmatics of Prosecuting the Khmer Rouge
Authors: Rajagopal Balakrishnan
Published: February 2009

It is generally known that one of the worst acts of mass killings and auto-genocide occurred in Cambodia between 1975–79 during the reign of terror unleashed by the Khmer Rouge (KR) regime. It is estimated that between 1–2 million Cambodians (out of a total population of around 7 million) were killed, starved, or died of malnutrition and disease during this period. The KR regime persecuted religious and ethnic minorities, abolished all religions, private property and money and put the entire population under forced labor. The KR continued such practices in the areas under its control during the 1980s, and conducted a vitriolic and violent campaign against the ethnic Vietnamese in Cambodia until its collapse last year.
National Implementation Measures of International Humanitarian Law: Some Practical Aspects
Authors: Dutli María Teresa
Published: February 2009

From one perspective, the modern development of international humanitarian law has been a remarkable success. Its rules are among the most detailed and extensive of international law. Its principal treaties enjoy almost universal acceptance. For the other side of the picture, one has only to look at what is happening in most recent armed conflicts to realize that serious violations of humanitarian law are rife all over the world. This leads to the conclusion that it iscompliance— respect for the rules — which is the major challenge facing humanitarian law today rather than its very existence or the adequacy of its provisions.
A Colombian View on Protocol II
Authors: Kalshoven Frits
Published: February 2009

Colombia, which never deigned to sign the Additional Protocols of 1977, in 1993 acceded to Protocol I on the protection of victims of international armed conflicts, and in 1996 to Protocol II applicable in situations of non-international (or internal) armed conflict. The latter step was the more remarkable in that Colombia for more than four decades was (and is to the present day) the scene of virulent internal armed conflict.
The Review Process of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Impact on International Humanitarian Law
Authors: Hladik Jan
Published: February 2009

The end of the Cold War and the disappearance of bipolarity have resulted in a recrudescence of a number of armed conflicts in the world, in particular in the ex-Yugoslavia and the former Soviet Union. Such conflicts have demonstrated a blatant disregard for the law of armed conflicts and a loss of respect for human lives and cultural heritage. They have also demonstrated deficiencies in the implementation of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict — the only comprehensive international agreement aimed specifically at protecting movable and immovable cultural heritage in the event of armed conflict.
The Italian Law for the Ban of Anti-Personnel Landmines
Authors: Gargiulo Pietro
Published: February 2009

The adoption by the Italian parliament of Law No. 374 on 29 October 1997, entitledRules for the ban of anti-personnel land-mines, formalizes the transformation of Italy from one of the major producers of such mines to one of the leaders of national and international initiatives for the ban of antipersonnel landmines.
The Priebke Case before the Italian Military Tribunals: A Reaffirmation of the Principle of Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
Authors: Marchisio Sergio
Published: February 2009

The complex case of Erich Priebke can be analysed through two different phases. The first runs from the massacre of 335 Italian citizens at the Ardeatine Caves in Rome in 1944 to the conviction of Herbert Kappler and other Nazi officers involved in that shooting on 20 July 1948. During mis four-year period, Priebke became untraceable and escaped justice. The second phase starts when the former SS officer was detected in Argentina in May 1994 and, following extradition proceedings there, was extradited to Italy, where he underwent two criminal trials in front of the Italian military jurisdiction.
The Defences of Reprisals, Superior Orders and Duress in the Priebke Case before the Italian Military Tribunal
Authors: Martines Francesca
Published: February 2009

The aim of this article is to discuss the three defences raised by Erich Priebke for his participation in the killing of 335 civilians at the Ardeatine Caves which took place on 24 March 1944, and for which Priebke was tried by the Italian Military Tribunal which rendered its second judgement on 22 July 1997. The defences were: (1) the characterisation of the shootings at the Ardeatine Caves as lawful belligerent reprisals, (2) the defence of superior orders, and (3) duress.
IHL and Peace Operations: Sharing Canada's lessons learned from Somalia
Authors: Young Robert M. , Molina Maria
Published: February 2009

This note briefly reviews certain aspects of international humanitarian law (IHL) arising from the civilian Commission of Inquiry established in Canada on 20 March 1995 to investigate the role of Canadian forces during the multinational peace operation in Somalia in 1992 and 1993.

After some background information, we focus on two key issues concerning IHL arising from the Commission's work:

(1) The applicability of IHL to a peace operation such as the Canadian deployment to Somalia; and

(2) Canada's obligation to provide IHL training to die members of its armed forces.

We conclude with some observations on die Commission's impact, including die responses of die Canadian government and die Canadian Forces.
Brocklebank: A Questionable Decision of the Court Martial Appeal Court of Canada
Authors: Boustany Katia
Published: February 2009

During the Canadian mission in Somalia pursuant to resolution 794 (1992) of the Security Council, a stunning incident occurred involving some Canadian soldiers who tortured to death a sixteen-year-old unarmed Somali civilian. The victim was captured during the night of 16 March 1993 while attempting an intrusion into the camp of Belet Huen. Shidane Arone did not offer any resistance and was entrusted to chief corporal Matchee to be kept in custody in a bunker designed for this purpose. This is where the unfortunate Somali had to endure frightful ill-treatment, mainly at Matchee's hands.
The Undertaking to Respect and Ensure Respect in All Circumstances: From Tiny Seed to Ripening Fruit
Authors: Kalshoven Frits
Published: February 2009

The four Geneva Conventions of 1949 for the protection of war victims open with an unusual provision: it is the undertaking of the contracting states ‘to respect and to ensure respect for [the Conventions] in all circumstances’. Why reaffirm that contracting states are bound to ‘respect’ their treaty obligations? Does ‘all circumstances’ add anything special to this fundamental rule of the law of treaties? And what about ‘ensure respect’: should that not be regarded as implicit in ‘respect’, in the sense of a positive counterpart to the negative duty not to violate the terms of the Conventions?

I readily admit that common Article 1 was not the first provision of the Conventions to capture my attention: there was, after all, so much to discover in these impressive structures that Article 1 could easily be passed over as an innocuous sort of opening phrase. Two things have changed this. One was the insistence of the International Committee of the Red Cross (ICRC) that a State Party to the Conventions is not only itself bound to comply with its obligations under these instruments but is under a legal obligation to make sure that other States Parties do likewise. The more this thesis of the ICRC was forced upon us, the less likely it seemed to me that this could indeed be an international legal obligation upon contracting states.
The Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
Authors: Desch Thomas
Published: February 2009

On 26 March 1999, the Diplomatic Conference on the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (hereinafter, 1954 Convention), held in The Hague from 15 to 26 March 1999, adopted a Second Protocol to that Convention. The reasons leading to the elaboration and adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (hereinafter, Second Protocol) are manifold.

Firstly, armed conflicts that have taken place since the entry into force of the 1954 Convention, such as in Cambodia, the Middle East or the former Yugoslavia, have revealed its deficiencies. In particular, the Convention lacked full application, as most of the armed conflicts have been of a non-international character; furthermore, it lacked proper implementation, as the system of execution of the Convention, which is based on a functioning Protecting Power-and Commissioner General-system, proved to be unworkable in practice; and, finally, it lacked adequate provisions to cope with the extensive and systematic destruction of cultural property during armed conflict, as it contains no mandatory criminal sanctions regime.
War Crimes in Internal Conflicts: Article 8 of the ICC Statute
Authors: Robinson Darryl , von Hebel Herman
Published: February 2009

The development of rules governing non-international, or internal, armed conflicts has long been characterized by a profound tension between concerns of sovereignty and concerns of humanity. Historically, strong sovereignty-oriented interests dictated a slow and cautious pace of progress in this sensitive area. In recent years, however, a growing humanitarian concern for the protection of victims has prompted rapid developments in the regulation of internal armed conflict. This transformation has been greatly assisted by the establishment of the twoad hocTribunals for the former Yugoslavia and Rwanda by the Security Council, in 1993 and 1994 respectively, and the operation of these bodies. Clear trends in this area include not only the articulation and recognition of a growing body of norms applicable in internal armed conflicts but also the expanding criminalization of violations of those norms. In a world where most armed conflicts are of a non-international character, these developments are of the greatest significance.

From 15 June to 17 July 1998, delegations from 160 countries assembled in Rome to negotiate and adopt a Statute for an International Criminal Court (ICC), with jurisdiction over genocide, crimes against humanity and war crimes.
South Africa's Truth and Reconciliation Process and International Humanitarian Law
Authors: Dugard John
Published: February 2009

Since its establishment in 1995, the South African Truth and Reconciliation Commission has captured the attention of an international community preoccupied with the problem of dealing with crimes of the past in divided societies. While the creation of a permanent international criminal court to punish those guilty of atrocities constituting international crimes has been the first priority, the international community has, albeit grudgingly, accepted that there may be circumstances in which amnesty and reconciliation hold out more hope for troubled societies than punishment. This realisation has led to the search for an acceptable alternative to punishment that does not result in absolute amnesty for those guilty of gross human rights abuses. The South African model, of conditional amnesty accompanied by the uncovering of the past, appears to offer such an alternative. This factor, together with the relief over the fact that apartheid has at last been laid to rest, accounts for the interest shown in the South African experience.

The present note will not attempt to describe and analyse the South African precedent in detail. Instead it will provide an overview of the history, establishment and work of the South African Truth and Reconciliation Commission (TRC); examine the significance of the Report of the TRC for international humanitarian law; and consider the status of amnesty under contemporary international law in the context of the South African experience.
National Implementing Legislation for the Chemical Weapons Convention: The Experience of the First Two Years
Authors: Tabassi Lisa Woollomes
Published: February 2009

‘We are witnessing today an historic event. An entire category of weapons of mass destruction has been banned by the Chemical Weapons Convention … Pause for a moment, if you will, and consider the symbolism, but more importantly the significance of this act. It is not merely a great step in the cause of disarmament and nonproliferation. It is not merely a signal of restraint and discipline in war. It is much more. It is a momentous act of peace.’
The First and Second Sessions of the Preparatory Commission for the International Criminal Court
Authors: Dörmann Knut
Published: February 2009

The adoption of the Statute of the International Criminal Court in July 1998 in Rome was the culmination of years of effort by the international community. Under Article 126, the Statute will enter into force once it is ratified by 60 states. As many states will have to enact national legislation or even change their constitutions before ratification to comply with the obligations of the Statute, the required number of ratifications will probably not be reached in the short term.

Besides, a number of tasks still remain to be undertaken by states, as indicated in the Statute itself, namely, drafting of a document called ‘Elements of Crimes’ (EOC), drafting of the Rules of Procedure and Evidence (RPE) and reaching agreement on the definition of the crime of aggression. Therefore, the UN General Assembly has mandated a Preparatory Commission (PrepCom) to prepare draft texts of the RPE and EOC and proposals for a provision on aggression, including its definition, elements and the conditions under which the International Criminal Court (ICC) shall exercise its jurisdiction with respect to this crime. The drafts of the EOC and RPE must be finalized by 30 June 2000, when they should be formally adopted. The definition of aggression does not have to be agreed on until the first review conference seven years after the entry into force of the Statute. In addition to these tasks, which this article will describe in greater detail, the PrepCom will work on a relationship agreement between the Court and the United Nations, basic principles governing a headquarters agreement and financial regulations and rules.
The So-called ‘Right’ of Humanitarian Intervention
Authors: Roberts Adam
Published: February 2009

Humanitarian intervention, a long-standing issue in international legal writing and in state practice, has become a major focus of international legal thinking and military action. Since the early 1990s, there have been new and unexpected elements in the practice of intervention, in its authorization, and in debates about it. Action by outside military forces in several territories — northern Iraq, Somalia, Haiti and Kosovo — has provoked questions about whether there is a right of humanitarian intervention. In addition, the debate on the subject has been spurred by the strong sense that there were crises (most notably, the genocide in Rwanda in 1994) in which the international community should have intervened promptly but failed to do so.
Respect for the Principle of Distinction in the Kosovo War
Authors: David Eric
Published: February 2009

From 24 March until 9 June 1999, NATO forces, or more precisely, the forces of 13 of the 19 member states of the Alliance, set at the service of the latter, attacked the Federal Republic of Yugoslavia (FRY) in order to force its Government to accept a solution to the dispute over Kosovo.
The Prevention of Environmental Damage in Time of Armed Conflict: Proportionality and Precautionary Measures
Authors: Desgagné Richard
Published: February 2009

The law of war historically paid scant attention to the protection of the environment. Its main focus was to regulate hostilities so as protect combatants from unnecessary injury. Since World War II, it has turned to the protection of the civilian population and individual civilians. It does not follow that the environment did not receive any protection at all. In as much as international humanitarian law places constraints on the use of means and methods of warfare, the environment was indirectly protected. Thus, the provisions of the Hague or the Geneva Conventions, through the protection of civilian property and objects, offer indirect protection of the environment. Similarly, the banning of weapons of mass destruction, such as biological and chemical weapons, or the restraints on activities related to nuclear warfare, such as the testing of nuclear weapons, also ultimately limit potential damage to the environment caused by armed conflicts.
The Doctrine of Command Responsibility: Current Problems
Authors: Jia Bing Bing
Published: February 2009

This article follows on an earlier study of the topic of command responsibility. When that previous analysis was made, the jurisprudence of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR) in this area was nascent. A number of issues have since been considered and decided upon by the two Tribunals in several judgements, which have already attracted some scholarly attention. It is proposed to examine herein the doctrine of command responsibility in the light of the evolving case law of the Tribunals and other evidence of practice outside these judicial fora. The aim is to discover whether customary law has progressed or developed, and what questions recent practice has raised.
Some Comments on the Elements of Crimes for the Crimes of the ICC Statute
Authors: von Hebel Herman , Kelt Maria
Published: February 2009

On 30 June 2000, the Preparatory Commission for the International Criminal Court (ICC) adopted by consensus the draft Elements of Crimes for the crimes of genocide, crimes against humanity and war crimes, as defined in Articles 6, 7 and 8 of the Rome Statute of the International Criminal Court (the Statute). Herewith, the Preparatory Commission fulfilled its mandate to elaborate such elements in accordance with the time-limit set out in resolution F of the Final Act, adopted by the Rome Conference on 17 July 1988.
The INTERFET Detainee Management Unit in East Timor
Authors: Oswald Bruce M.
Published: February 2009

‘As far as the question of treatment of detainees is concerned, the conduct of INTERFET has been exemplary. The delegation met with detainees in conditions in which it could be confident that the detainees would have no fear of speaking frankly of any complaints as to their treatment. There were none. ICRC, which has full access, confirmed that it too had received no complaints from any of the detainees. The tone was set by the Force Commander who, especially in the beginning, established the pattern by personally visiting the detention area. The establishment of the detention-management team also acts as a safeguard against abuse.’
Establishing an Individual Complaints Procedure for Violations of International Humanitarian Law
Authors: Kleffner Jann K. , Zegveld Liesbeth
Published: February 2009

Currently, no judicial or quasi-judicial mechanisms exist with the explicit competence to consider complaints of individuals claiming to be victims of violations of international humanitarian law. The International Committee of the Red Cross (ICRC) cannot fulfil this role as it has neither the means, the purpose nor the mandate to make enforceable judicial determinations with regard to claims of individuals alleging to be victims of such violations. Instead, it operates mainly through confidential discussions with governments. Likewise, criminal prosecutions of individual perpetrators before national or international courts, while contributing significantly to improving the implementation of humanitarian law, cannot and should not be the only answer to violations of the law. For one thing, the future International Criminal Court (ICC) will only consider the most serious violations of humanitarian law, leaving numerous other violations uninvestigated. Moreover, criminal prosecutions are concerned with individuals rather than parties to the conflict. The acts that are labelled as international crimes, however, find their basis in the collectivity. Crimes are unlikely to be prevented nor will compliance with their prohibition be significantly improved through criminal prosecution of individuals alone. Similarly, while the ICC may, either upon request or on its own motion, afford reparations to victims of war crimes, these are reparations afforded within the individual responsibility framework of the ICC. The Court may make an order directly against a convicted person rather than against a state or entity.
Computer Network Attack: The Normative Software
Authors: Schmitt Michael N.
Published: February 2009

As the United States, assisted by a number of its allies, continues to mount asymmetrical attacks against terrorists and their supporters, the centrality of technology to ‘future war’ is becoming increasingly apparent. In a matter of months, US Forces successfully routed, with almost no hostile fire casualties, a battle-hardened and ruthless adversary in a combat environment that frustrated the potent Soviet army for a decade. Operation ENDURING FREEDOM follows close on the heels of Operation ALLIED FORCE, the 1999 NATO campaign that defeated, without friendly casualties, the Yugoslav military. In that conflict, as in the most recent one, exploitation of technological wherewithal proved a decisive factor in determining the victor.
The Law of Sentencing in International Criminal Law: The Purposes of Sentencing and the Applicable Method for the Determination of the Sentence
Authors: Nemitz Jan Christoph
Published: February 2009

‘Sentencing is an art and not a science’. This statement of Lord Lane expresses, with all due respect, what sentencing should not be. Although it cannot be denied that the process of determining a sentence is far from being a mathematical exercise, the result of which can be verified or falsified by reference to some unquestionable law of nature, both the legislator and the judiciary must strive for the development of a law of sentencing which is based on a comprehensive set of statutory provisions. The very term ‘lawof sentencing’ indicates that the meting out of a sentence is more than the exercise of a skill that only judges are vested with. The use of the term ‘art’, conversely, to describe sentencing gives the impression that the act of sentencing is beyond objective understanding and control. When we speak of art, we acknowledge that while views on the outcome can be manifold, objective criteria for a ‘correct’ assessment are few: there's no accounting for taste. This is unacceptable when looking at the significance of the law of sentencing for the pursuit of various sentencing purposes. To base the determination of the sentence on legal grounds enhances the review possibilities with regard to sentencing judgments. This contributes to an even sentencing practice, which in turn leads to just and comprehensible sentencing judgments. Such a practice is necessary in order to achieve public acceptance of the criminal justice system in general and of sentencing verdicts in particular. Such acceptance is imperative for the achievement of several sentencing purposes, especially that of affirmative (or positive) general prevention.
Twenty-five Years after the Adoption of Additional Protocol II: Breakthrough or Failure of Humanitarian Legal Protection?
Authors: Spieker Heike
Published: February 2009

On 12 December 2002, the international community celebrated the twenty-fifth anniversary of the opening for signature of 1977 Protocol II Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts. In view of today's armed hostilities around the globe, this anniversary raises the questions whether international humanitarian law provides substantive regulation protecting civilians in non-international armed conflicts; whether such legal protection is effectively countering the sufferings of the civilian population and what are now the main challenges for the international communityvis-à-visinternal armed conflicts.
The Evolving Jurisprudence and Practice of East Timor's Special Panels for Serious Crimes on Admissions of Guilt, Duress and Superior Orders
Authors: Linton Suzannah , Reiger Caitlin
Published: February 2009

After 24 years of occupation by Indonesia and nearly 500 years of Portuguese colonisation, East Timor gained its independence on 20 May 2002 when the United Nations formally handed over the reins of power to a popularly elected President. Justice for the immense suffering of the people of East Timor while under Indonesian rule is a major issue for the local and international communities. Of particular importance is the question of individual criminal responsibility for atrocities committed during the last year of the occupation, when the weeks following the referendum on independence held on 30 August 1999 saw unparalleled devastation wreaked upon the civilian population and infrastructure.
Transitional Justice in Peace Operations: Shaping the Twilight Zone in Somalia and East Timor
Authors: Kelly Michael
Published: February 2009

Much has been written about transitional justice in the circumstances of organised states progressing towards democracy. Another category of transitional justice demanding equal study and resolution has, however, emerged. That is the interim administration of justice in the vacuum of the disrupted state following traumatic internal conflict, usually involving war crimes and crimes against humanity. Two things are characteristic of this circumstance: first, the requirement for a deployed international military force to do ‘something’ about fundamental law and order while waiting for the civil administrative ‘cavalry’ to arrive; second, the fact that a civil administrative element will eventually have to take over from the military and will also be required to do ‘something’ about the immediate law and order problem but in a manner that leads into the long term reconstruction and ‘end state’ process. In the future, this environment may also include the operation of the International Criminal Court (ICC), where many issues of jurisdiction, investigation, prosecution and the impact on long term rehabilitation will need to be managed.
The Year in Review
Authors: McDonald Avril
Published: February 2009

The defining moments of 2001, the terrorist attacks of September 11 against the United States of America, marked a turning point in international law and relations. By their scale and audaciousness, overnight they helped to propel the issue of international terrorism to the top of the international security agenda and particularly that of the USA, with consequences for many branches of international law, including thejus ad bellum, thejus in bello, international law relating to terrorism, international human rights law and international criminal law, that were just beginning to be felt as the year closed.
International Humanitarian Law, the Prohibition of Terrorist Acts and the Fight against Terrorism
Authors: Gasser Hans-Peter
Published: February 2009

Terrorism is said to be a substitute for conventional — or classic — warfare. And the response to terrorism is now called a ‘war on terrorism’. Acts of terrorism have always been with us and so has war. Since time immemorial, warfare has been subject to legal regulations: the laws of war. Their foundations can be retraced to age-old practices established to mitigate the effects of recourse to violence when conflicts could not be resolved by peaceful means. These rules used to belong to customs observed by belligerents as a matter of course. Today, international treaties are the main source of the rules governing humanitarian aspects of the conduct of war: the Geneva Conventions for the protection of war victims of 12 August 1949 and their two Additional Protocols of 1977. Is international humanitarian law relevant to the horrors of modern warfare and, in particular, to terrorism? And does it sufficiently take into account the interest of states in combating terrorism?