bluuebunny/crossref_metadata_2025 huggingface dataset:
On an extension of generalized incomplete Gamma functions with applications
Authors: Chaudhry M. Aslam , Zubair S. M.
Published: February 2009

In this paper we have introduced extensionsνυ(α,x; b) and Γν(α,x; b) of the generalized Gamma functionsγ(αx; b) and Γ(α,x; b) considered recently by Chaudhry and Zubair. These extensions are found useful in the representations of the Laplace andK-transforms of a class of functions. We have also defined a generalization of the inverse Gaussian distribution. The cumulative and the reliability functions of the generalized inverse Gaussian distribution are expressed in terms of these functions. Some useful properties of the functions are also discussed.
Gradient algorithms for principal component analysis
Authors: Mahony R. E. , Helmke U. , Moore J. B.
Published: February 2009

The problem of principal component analysis of a symmetric matrix (finding a p-dimensional eigenspace associated with the largest p eigenvalues) can be viewed as a smooth optimization problem on a homogeneous space. A solution in terms of the limiting value of a continuous-time dynamical system is presented. A discretization of the dynamical system is proposed that exploits the geometry of the homogeneous space. The relationship between the proposed algorithm and classical methods are investigated.
Wavelet transform of the dilation equation
Authors: Cabrelli Carlos A. , Molter Ursula M.
Published: February 2009

In this article we study the dilation equation f(x) = ∑h ch f (2x − h) in ℒ2(R) using a wavelet approach. We see that the structure of Multiresolution Analysis adapts very well to the study of scaling functions. The equation is reduced to an equation in a subspace of ℒ2(R) of much lower resolution. This simpler equation is then “wavelet transformed” to obtain a discrete dilation equation. In particular we study the case of compactly supported solutions and we see that conditions for the existence of solutions are given by convergence of infinite products of matrices. These matrices are of the type obtained by Daubechies, and, when the analyzing wavelet is the Haar wavelet, they are exactly the same.
Necessary conditions for constrained distributed parameter systems with deviating argument
Authors: Kazemi Mohammad A.
Published: February 2009

In this paper we consider an optimal control problem governed by a system of nonlinear hyperbolic partial differential equations with deviating argument, Darboux-type boundary conditions and terminal state inequality constraints. The control variables are assumed to be measurable and the state variables are assumed to belong to a Sobolev space. We derive an integral representation of the increments of the functionals involved, and using separation theorems of functional analysis, obtain necessary conditions for optimality in the form of a Pontryagin maximum principle. The approach presented here applies equally well to other nonlinear constrained distributed parameters with deviating argument.
Scattering of water waves by a vertical wall with gaps
Authors: Banerjea Sudeshna
Published: February 2009

This paper is concerned with a reinvestigation of the problem of water wave scattering by a wall with multiple gaps by using the solution of a singular integral equation with a combination of logarithmic and power (Cauchy-type) kernels in disjoint multiple intervals. Use of Havelock's expansion of water wave potential reduces the problem to such an integral equation in the horizontal velocity across the gaps. The solution of the integral equation is obtained by utilizing the solutions of Cauchy-type integral equations in (0,∞) and also in multiple disjoint intervals. An explicit expression for the reflection coefficient is obtained for a wall with n gaps and supplemented by numerical results for up to three gaps.
Preconditioning collocation method using quadratic splines with applications to 2nd-order separable elliptic equations
Authors: Kim Sang Dong
Published: February 2009

In this paper we propose a P1 finite element preconditioning using the so-called ‘hat-function’, to a collocation scheme constructed by quadratic splines for a 2nd-order separable elliptic operator and we show that the resulting preconditioning system of equations is well conditioned with the condition number independent of the number of unknowns.
Subgradient representation of multifunctions
Authors: Borwein J. , Moors W. B. , Shao Y.
Published: February 2009

We provide necessary and sufficient conditions for a minimal upper semicontinuous multifunction defined on a separable Banach space to be the subdifferential mapping of a Lipschitz function.
Strong stability in nonlinear programming revisited
Authors: Klatte Diethard , Kummer Bernd
Published: February 2009

The paper revisits characterizations of strong stability and strong regularity of KarushKuhn-Tucker solutions of nonlinear programs with twice differentiable data. We give a unified framework to handle both concepts simultaneously.
Approximate Hessian matrices and second-order optimality conditions for nonlinear programming problems with C1-data
Authors: Jeyakumar V. , Wang X.
Published: February 2009

In this paper, we present generalizations of the Jacobian matrix and the Hessian matrix to continuous maps and continuously differentiable functions respectively. We then establish second-order optimality conditions for mathematical programming problems with continuously differentiable functions. The results also sharpen the corresponding results for problems involving C1.1-functions.
Reductions and exact solutions of some nonlinear partial differential equations under four types of generalized conditional symmetries
Authors: Qu Changzheng
Published: February 2009

The generalized conditional symmetry method is applied to study the reduction to finite-dimensional dynamical systems and construction of exact solutions for certain types of nonlinear partial differential equations which have many physically significant applications in physics and related sciences. The exact solutions of the resulting equations are derived via the compatibility of the generalized conditional symmetries and the considered equations, which reduces to solving some systems of ordinary differential equations. For some unsolvable systems of ordinary differential equations, the dynamical behavior and qualitative properties are also considered. To illustrate that the approach has wide application, the exact solutions of a number of nonlinear partial differential equations are also given. The method used in this paper also provides a symmetry group interpretation to some known results in the literature which cannot be obtained by the nonclassical symmetry method due to Bluman and Cole.
When can sigmoidal data be fit to a Hill curve?
Authors: Heidel Jack , Maloney John
Published: February 2009

The Hill equation is a fundamental expression in chemical i kinetics relating velocity of response to concentration. It is known that the Hill equation is parameter identifiable in the sense that perfect data yield a unique set of defining parameters. However not all sigmoidal curves can be well fit by Hill curves. In particular the lower part of the curve can't be too shallow and the upper part can't be too steep. In this paper an exact mathematical criterion is derived to describe the degree of shallowness allowed.
Existence of solutions of a class of stochastic Volterra integral equations with applications to chemotherapy
Authors: Subramaniam R. , Balachandran K.
Published: February 2009

In this paper we establish the existence of solutions of a more general class of stochastic integral equation of Volterra type. The main tools used here are the measure of noncompactness and the fixed point theorem of Darbo. The results generalize the results of Tsokos and Padgett [9] and Szynal and Wedrychowicz [7]. An application to a stochastic model arising in chemotherapy is discussed.
Extending the utility of perturbation series in problems of laminar flow in a porous pipe and a diverging channel
Authors: Makinde O. D.
Published: February 2009

In this paper, we exploit a new series summation and convergence improvement technique (that is, Drazin and Tourigny [5]), in order to study the steady flow of a viscous incompressible fluid both in a porous pipe with moving walls and an exponentially diverging asymmetrical channel. The solutions are expanded into Taylor series with respect to the corresponding Reynolds number. Using the D-T method, the bifurcation and the internal flow separation studies are performed.
A numerical solution to the flow between eccentric rotating cylinders with a slotted sleeve
Authors: Hird L. D. , Siew P. F. , Wang S.
Published: February 2009

The flow between two eccentric rotating cylinders with a slotted sleeve placed around the inner cylinder is determined numerically using an exponentially fitted finite-volume method. The flow field is determined for various Reynolds numbers, eccentricities and rotational speeds for the cases when the cylinders rotate in the same sense and rotate in opposite senses. The flow field developed when both cylinders rotate in the same sense is characterised, for sufficiently large eccentricity and rotational rate, by two counter-rotating eddies. Only one eddy is observed when the cylinders rotate in opposite senses. The presence of these eddies restricts the flow through the slotted sleeve in the former case but encourages through flow in the latter. For both cases, the eccentricity affects the location of the eddies, while changing the relative rotational rate only affects the eddy location for the case when the cylinders rotate in opposite directions. The change in Reynolds number has little effect on the flow field for the problems considered here. The vorticity generated by the slotted sleeve is convected into the main body of the flow field. No inviscid core within the main body of the flow field is observed for the range of Reynolds number considered.
Apparent horizons in vacuum Robinson-Trautman spacetimes
Authors: Chow E. W. M. , Lun A. W.-C.
Published: February 2009

Vacuum asymptotically flat Robinson-Trautman spacetimes are a well known class of spacetimes exhibiting outgoing gravitational radiation. In this paper we describe a method of locating the past apparent horizon in these spacetimes and discuss the properties of the horizon. We show that the past apparent horizon is non-timelike and that its surface area is a decreasing function of the retarded time. A numerical simulation of the apparent horizon is also discussed.
Numerical integration of the axisymmetric Robinson-Trautman equation by a spectral method
Authors: Prager D. A. , Lun A. W.-C.
Published: February 2009

We have adapted the Spectral Transform Method, a technique commonly used in non-linear meteorological problems, to the numerical integration of the Robinson-Trautman equation. This approach eliminates difficulties due to the S2 × R+ topology of the equation. The method is highly accurate for smooth data and is numerically robust. Under spectral decomposition the long-time equilibrium state takes a particularly simple form: all nonlinear (l ≥ 2) modes tend to zero. We discuss the interaction and eventual decay of these higher order modes, as well as the evolution of the Bondi mass and other derived quantities. A qualitative comparison between the Spectral Transform Method and two finite difference schemes is given.
Instantaneous point source solutions in nonlinear diffusion with nonlinear loss or gain
Authors: Philip J. R.
Published: February 2009

Exact solutions are developed for instantaneous point sources subject to nonlinear diffusion and loss or gain proportional to nth power of concentration, with n > 1. The solutions for the loss give, at large times, power-law decrease to zero of slug central concentration and logarithmic increase of slug semi-width. Those for gain give concentration decreasing initially, going through a minimum, and then increasing, with blow-up to infinite concentration in finite time. Slug semi-width increases with time to a finite maximum in finite time at a blow-up. Taken in conjunction with previous studies, these new results provide an overall schema for instantaneous nonlinear diffusion point sources with nonlinear loss or gain for the total range n ≥ 0. Six distinct regimes of behaviour of slug semi-width and concentration are identified, depending on the range of n, 0 ≤ n < 1, n = 1, or n > 1. Three of them are for loss, and three for gain. The classical Barenblatt-Pattle nonlinear instantaneous point-source solutions with material concentration occupy a central place in the total schema.
Final iterations in interior point methods – preconditioned conjugate gradients and modified search directions
Authors: Wang Weichung
Published: February 2009

In this article we consider modified search directions in the endgame of interior point methods for linear programming. In this stage, the normal equations determining the search directions become ill-conditioned. The modified search directions are computed by solving perturbed systems in which the systems may be solved efficiently by the preconditioned conjugate gradient solver. A variation of Cholesky factorization is presented for computing a better preconditioner when the normal equations are ill-conditioned. These ideas have been implemented successfully and the numerical results show that the algorithms enhance the performance of the preconditioned conjugate gradients-based interior point methods.
Averaging of the Hamilton-Jacobi equation in infinite dimensions and an application
Authors: Wang Shihong , Zhou Zuoyi
Published: February 2009

We study the averaging of the Hamilton-Jacobi equation with fast variables in the viscosity solution sense in infinite dimensions. We prove that the viscosity solution of the original equation converges to the viscosity solution of the averaged equation and apply this result to the limit problem of the value function for an optimal control problem with fast variables.
Quasistationarity of continuous-time Markov chains with positive drift
Authors: Coolen-Schrijner Pauline , Hart Andrew , Pollett Phil
Published: February 2009

We shall study continuous-time Markov chains on the nonnegative integers which are both irreducible and transient, and which exhibit discernible stationarity before drift to infinity “sets in”. We will show how this ‘quasi’ stationary behaviour can be modelled using a limiting conditional distribution: specifically, the limiting state probabilities conditional on not having left 0 for the last time. By way of adualchain, obtained by killing the original process on last exit from 0, we invoke the theory of quasistationarity forabsorbingMarkov chains. We prove that the conditioned state probabilities of the original chain are equal to the state probabilities of its dual conditioned on non-absorption, thus allowing to establish the simultaneous existence and then equivalence, of their limiting conditional distributions. Although a limiting conditional distribution for the dual chain is always quasistationary distribution in the usual sense, a similar statement is not possible for the original chain.
An Euler-Poisson system in plasmas
Authors: Nouri A.
Published: February 2009

A local existence and uniqueness result is proved for the three-dimensional Euler-Poisson system without a pressure term which arises in plasma physics.
Summing series arising from integro-differential-difference equations
Authors: Cerone P. , Sofo A.
Published: February 2009

By applying Laplace transform theory to solve first-order homogeneous differential-difference equations it is conjectured that a resulting infinite sum of a series may be expressed in closed form. The technique used in obtaining a series in closed form is then applied to other examples in teletraffic theory and renewal processes.
Analysis and optimisation of looped water distribution networks
Authors: Young Brian
Published: February 2009

A three stage procedure for the analysis and least-cost design of looped water distribution networks is considered in this paper. The first stage detects spanning trees and identifies the true global optimum for the system. The second stage determines hydraulically feasible pipe flows for the network by the numerical solution of a set of non-linear simultaneous equations and shows that these solutions are contained within closed convex polygonal regions in the solution space bounded by singularities resulting from zero flows in individual pipes. Ideal pipe diameters, consistent with the pipe flows and the constant velocity constraint adopted to prevent the system degenerating into a branched network, are selected and costed. It is found that the most favourable optimum is in the vicinity of a vertex in the solution space corresponding to the minimum spanning tree. In the third stage, commercial pipes are specified and the design finalised. Upper bound formulae for the number of spanning trees and hydraulically feasible solutions in a network have also been proposed. The treatment of large networks by a heuristic procedure is described which is shown to result in significant economies compared with designs obtained by non-linear programming.
Necessary conditions for optimal control of elliptic systems
Authors: Gao Hang , Li Xunjing
Published: February 2009

In this paper, we consider the system governed via the coefficients of a semilinear elliptic equation and give the necessary conditions for optimal control. Furthermore, we obtain the necessary conditions for an optimal domain in a domain optimization problem.
Analytical and numerical results for flow and shock formation in two-layer gravity currents
Authors: Montgomery P. J. , Moodie T. B.
Published: February 2009

Many gravity driven flows can be modelled as homogeneous layers of inviscid fluid with a hydrostatic pressure distribution. There are examples throughout oceanography, meteorology, and many engineering applications, yet there are areas which require further investigation. Analytical and numerical results for two-layer shallow-water formulations of time dependent gravity currents travelling in one spatial dimension are presented. Model equations for three physical limits are developed from the hydraulic equations, and numerical solutions are produced using a relaxation scheme for conservation laws developed recently by S. Jin and X. Zin [6]. Hyperbolicity of the model equations is examined in conjunction with the stability Froude number, and shock formation at the interface of the two layers is investigated using the theory of weakly nonlinear hyperbolic waves.
Jensen's inequality for distributions possessing higher moments, with application to sharp bounds for Laplace-Stieltjes transforms
Authors: Guljaš B. , Pearce C. E. M. , Pečarić J.
Published: February 2009

A new version of Jensen's inequality is established for probability distributions on the non-negative real numbers which are characterized by moments higher than the first. We deduce some new sharp bounds for Laplace-Stieltjes transforms of such distribution functions.
An analysis of local energy and phase congruency models in visual feature detection
Authors: Aw Y. K. , Owens Robyn , Ross John
Published: February 2009

A variety of approaches have been developed for the detection of features such as edges, lines, and corners in images. Many techniques presuppose the feature type, such as a step edge, and use the differential properties of the luminance function to detect the location of such features. The local energy model provides an alternative approach, detecting a variety of feature types in a single pass by analysing order in the phase components of the Fourier transform of the image. The local energy model is usually implemented by calculating the envelope of the analytic signal associated with the image function. Here we analyse the accuracy of such an implementation, and show that in certain cases the feature location is only approximately given by the local energy model. Orientation selectivity is another aspect of the local energy model, and we show that a feature is only correctly located at a peak of the local energy function when local energy has a zero gradient in two orthogonal directions at the peak point.
Strongly nonlinear vortices in magnetized ferrofluids
Authors: Russell Craig L. , Blennerhassett P.J. , Stiles P.J.
Published: February 2009

Nonlinear convective roll cells that develop in thin layers of magnetized ferrofluids heated from above are examined in the limit as the wavenumber of the cells becomes large. Weakly nonlinear solutions of the governing equations are extended to solutions that are valid at larger distances above the curves of marginal stability. In this region, a vortex flow develops where the fundamental vortex terms and the correction to the mean are determined simultaneously rather than sequentially. The solution is further extended into the nonlinear region of parameter space where the flow has a core-boundary layer structure characterized by a simple solution in the core and a boundary layer containing all the harmonics of the vortex motion. Numerical solutions of the boundary layer equations are presented and it is shown that the heat transfer across the layer is significantly greater than in the conduction state.
The effect of randomness on the stability of deep water surface gravity waves in the presence of a thin thermocline
Authors: Bhattacharyya Sudebi , Das K. P.
Published: February 2009

The effect of randomness on the stability of deep water surface gravity waves in the presence of a thin thermocline is studied. A previously derived fourth order nonlinear evolution equation is used to find a spectral transport equation for a narrow band of surface gravity wave trains. This equation is used to study the stability of an initially homogeneous Lorentz shape of spectrum to small long wave-length perturbations for a range of spectral widths. The growth rate of the instability is found to decrease with the increase of spectral widths. It is found that the fourth order term in the evolution equation produces a decrease in the growth rate of the instability. There is stability if the spectral width exceeds a certain critical value. For a vanishing bandwidth the deterministic growth rate of the instability is recovered. Graphs have been plotted showing the variations of the growth rate of the instability against the wavenumber of the perturbation for some different values of spectral width, thermocline depth, angle of perturbation and wave steepness.
On the Mellin transform of a product of hypergeometric functions
Authors: Miller Allen R. , Srivastava H. M.
Published: February 2009

We obtain representations for the Mellin transform of the product of generalized hypergeometric functions0F1[−a2x2]1F2[−b2x2]fora, b > 0. The later transform is a generalization of the discontinuous integral of Weber and Schafheitlin; in addition to reducing to other known integrals (for example, integrals involving products of powers, Bessel and Lommel functions), it contains numerous integrals of interest that are not readily available in the mathematical literature. As a by-product of the present investigation, we deduce the second fundamental relation for3F2[1]. Furthermore, we give the sine and cosine transforms of1F2[−b2x2].
Large deviations and quasi-stationarity for density-dependent birth-death processes
Authors: Chan Terence
Published: February 2009

Consider a density-dependent birth-death process XN on a finite state space of size N. Let PN be the law (on D([0, T]) where T > 0 is arbitrary) of the density process XN/N and let πN be the unique stationary distribution (on[0,1]) of XN/N, if it exists. Typically, these distributions converge weakly to a degenerate distribution as N → ∞ so the probability of sets not containing the degenerate point will tend to 0; large deviations is concerned with obtaining the exponential decay rate of these probabilities. Friedlin-Wentzel theory is used to establish the large deviations behaviour (as N → ∞) of PN. In the one-dimensional case, a large deviations principle for the stationary distribution πN is obtained by elementary explicit computations. However, when the birth-death process has an absorbing state at 0 (so πN no longer exists), the same elementary computations are still applicable to the quasi-stationary distribution, and we show that the quasi-stationary distributions obey the same large deviations principle as in the recurrent case. In addition, we address some questions related to the estimated time to absorption and obtain a large deviations principle for the invariant distribution in higher dimensions by studying a quasi-potential.
Fractional convolution
Authors: Mustard David
Published: February 2009

A continuous one-parameter set of binary operators on L2(R) called fractional convolution operators and which includes those of multiplication and convolution as particular cases is constructed by means of the Condon-Bargmann fractional Fourier transform. A fractional convolution theorem generalizes the standard Fourier convolution theorems and a fractional unit distribution generalizes the unit and delta distributions. Some explicit double-integral formulas for the fractional convolution between two functions are given and the induced operation between their corresponding Wigner distributions is found.
Computing optimal control With a hyperbolic partial differential equation
Authors: Rehbock V. , Wang S. , Teo K.L.
Published: February 2009

We present a method for solving a class of optimal control problems involving hyperbolic partial differential equations. A numerical integration method for the solution of a general linear second-order hyperbolic partial differential equation representing the type of dynamics under consideration is given. The method, based on the piecewise bilinear finite element approximation on a rectangular mesh, is explicit. The optimal control problem is thus discretized and reduced to an ordinary optimization problem. Fast automatic differentiation is applied to calculate the exact gradient of the discretized problem so that existing optimization algorithms may be applied. Various types of constraints may be imposed on the problem. A practical application arising from the process of gas absorption is solved using the proposed method.
Effect of a community-based intervention on nutritional behaviour in a developing country setting: the Isfahan Healthy Heart Programme
Authors: Mohammadifard Noushin , Kelishadi Roya , Safavi Morteza , Sarrafzadegan Nizal , Sajadi Firoozeh , Sadri Gholam Hosein , Maghroon Maryam , Alikhasi Hasan , Heydari Said , Sarmadi Fereshteh
Published: February 2009

Objective

The present study was conducted to determine the impact of a community-based intervention on the nutritional behaviour of a representative sample of Iranian adults.

Design

The Isfahan Healthy Heart Programme (IHHP), a six-year, action-oriented, integrated community-based study aimed at health promotion through the reduction of CVD risk factors, targeted the whole population living in two intervention cities, and compared outcomes with the population of a non-intervention city considered as reference. Dietary interventions were performed as educational, environmental and/or legislative strategies. A global dietary index (GDI) was calculated representing the general dietary behaviour. In addition, two consumption indices were calculated for specific food groups, i.e. meat products and major sources of fat. Univariate AVOVA was conducted to evaluate the impact of the intervention on dietary behaviours.

Setting

Isfahan and Najaf-Abad (intervention cities) and Arak (reference city), central Iran.

Subjects

The baseline survey was conducted among 12514 randomly selected adults aged ≥19 years in both intervention and reference areas. The survey was repeated annually among about 5000 persons (2002–2005) in the intervention and reference communities.

Results

According to significant year × group interactions in mean fat consumption index (FCI) and meat consumption index (MCI) in the total population, a significant improvement in FCI and MCI was found in the intervention areasv. the reference area (P< 0·001). In addition, the GDI improved significantly in the intervention areasv. the reference area (P< 0·001).

Conclusions

The IHHP interventions were effective in improving dietary behaviours at the population level. The highest effectiveness was documented in the change in the type of fat consumed. Such simple and integrated interventions can be adopted in other developing countries with limited financial resources.
The Freeing of Ntakirutimana in the United States and ‘Extradition’ to the ICTR
Authors: Paust Jordan J.
Published: February 2009

On 17 December 1997, US magistrate Judge Marcel Notzon ordered the release of Elizapban Ntakirutimana, who had been held in custody in Texas pending a decision on a request by the United States for his extradition to the International Criminal Tribunal for Rwanda (ICTR).
Duress as a Defence to War Crimes after Erdemović: A Laboratory for a Permanent Court?
Authors: Rowe Peter
Published: February 2009

Dražen Erdemović, a lance corporal in the Bosnian Serb Army, admitted to killing ‘from 10 to 100’ Bosnian Muslim men by firing squad in July 1995, in and around the area of Srebrenica, during which process approximately 1,200 unarmed civilians were killed. He expressed a willingness to surrender to the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and was duly transferred to The Hague from the Federal Republic of Yugoslavia (FRY).
A Note on the Judgement of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia on the Issuance of Subpoenae Duces Tecum in the Blaškić Case
Authors: Malanczuk Peter
Published: February 2009

On 29 October 1997, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY), composed of Judges Antonio Cassese (presiding), Adolphus Karibi-Whyte, Haopei Li, Ninian Stephen and Lal Chand Vohrah, handed down its Judgement in theBlaškićcase on the appeal filed by the Republic of Croatia against the ‘Subpoena Decision’ of Trial Chamber II of 18 July 1997. The legal issues raised in this case are complicated, rather new and fundamental from the perspective of international law and the inherent powers of international criminal courts establishedad hocby a Security Council resolution under Chapter VII of the United Nations Charter. They concern the authority and power of the Tribunal to issue compulsory orders of this kind to states, to high government officials and other individuals; the question of which remedies are available if there is a failure to comply with suchsubpoenae duces tecum; and other issues, as how to deal with the problem of the national security interests of sovereign states.
Commentary on Protocol IV on Blinding Laser Weapons
Authors: Zöckler Markus C.
Published: February 2009

On the modern battlefield, lasers are employed for a variety of military tasks, including rangefinding, target designation, jamming or destruction of optical or electro-optical systems. Sweden and the ICRC, in particular, alerted the international community to the fact that many existing and currently developed laser systems might well be used to blind enemy combatants. They argued that intentional blinding causes unnecessary suffering and pushed for an international agreement which would explicitly prohibit the use of lasers for blinding as a method of warfare. More than 20 years after the first discussions about regulation of laser weapons, the Review Conference of States Parties to the UN Conventional Weapons Convention adopted Protocol IV on Blinding Laser Weapons on 13 October 1995.
The Priebke Extradition Case before the Argentine Supreme Court
Authors: Consigli José Alejandro
Published: February 2009

In early 1995, Italy ordered the extradition from Argentina to Italy of Erich Priebke. The request was made on the basis of an arrest petition against Priebke issued by the Judge in charge of the preliminary investigation before the Military Justice of Rome. Priebke was accused of ‘having been a member of the German Army, an enemy of the Italian State, in cooperation with … odier German soldiers, widi … executive action of … criminal design and acting with cruelty on people … causing the death of 335 people most of them Italian citizens, military men and civilian people who were not taking part in military operations, and premeditated shooting some shots against them, in “Cave Ardeatine”, Rome, on 24 March 1944 during the time of the war between Italy and Germany.’
Some Aspects of German State Practice Concerning IHL
Authors: Fischer Horst
Published: February 2009

Germany is one of only a few countries to have prosecuted and convicted persons for international crimes related to the conflicts in the former Yugoslavia. Three trial procedures were held between 1994 and 1998. Proceedings in a fourth case were due to commence in the fall of 1998. Two defendants were convicted, and their sentences are currently under appeal on questions of law.
The Pinochet Cases in the United Kingdom
Authors: Warbrick Colin , Salgado Elena Martin , Goodwin Nicholas
Published: February 2009

The activities of the regime of General, then President, Pinochet after his military coup in Chile in September 1973 are politically, legally and, one might almost say, popularly, one of the landmarks in the development of the international regime of human rights. Pinochet, then Commander of the Armed Forces, led a coup against President Allende, which resulted in a Military Junta seizing power on 11 September 1973. Pinochet became President of Chile in 1974 and remained in that position until 11 March 1990, when democracy was restored. He continued on as Commander of the Armed Forces until March 1998, when he was made Senator for Life.

The legal significance of the reaction to events following the coup lies in the response of the United Nations to the excesses of the Pinochet government. The condemnation of Chile by the General Assembly for its policy of gross violations of human rights was the first occasion on which the Assembly had taken this step without invoking either a threat to the peace or a consideration of self-determination.
The Jurisdiction of the International Criminal Court
Authors: Rosenne Shabtai
Published: February 2009

This article will review the jurisdiction of the new International Criminal Court (ICC) under the Rome Statute of 17 July 1998. Jurisdiction will be examinedratione personaeandratione materiae, including in each case its scoperatione temporis, concentrating on two separate aspects of jurisdiction as they appear in the Statute. These are jurisdiction to bring charges against an alleged offender and to bring that person to trial, and as a corollary, jurisdiction to detain or arrest an accused or suspected person. Given that it is early in the history of the Rome Statute, some consideration of other issues raised by the Statute is also necessary.
Jurisdiction and Cooperation in the Statute of the International Criminal Court: Principles and Compromises
Authors: Kaul Hans-Peter , Kreß Claus
Published: February 2009

At the Rome Conference on the adoption of the Statute of the International Criminal Court (hereinafter, the Statute and the ICC), the negotiators faced basically three types of problems. First, a considerable number of primarily technical difficulties stemmed from the differences between national systems of criminal law. This type of problem was characteristic for the discussions on general principles of criminal law (Part 3 of the Statute), criminal procedure (Parts 5, 6 and 8) and enforcement (Part 10). Second, a more limited number of disputed questions resulted from deeply-rooted differences in legal culture. This was true for the most important controversies on penalties (Part 7), in particular for the hotly debated death penalty, and for some specific points relating to the general principles of criminal law, in particular, the treatment of voluntary intoxication. Third, delegations were forced to break the impasse with regard to a set of unresolved key issues of a highly political nature. This article deals with two sets of issues belonging to the latter category: jurisdiction and cooperation.

The respective places of jurisdiction and cooperation within the Statute, i.e., Articles 5, 12 and 13 (in Part 2) and Articles 86 to 102 (all of Part 9), tend to conceal the intimate interrelation between them. On a little closer look, though, the links between jurisdiction and cooperation become obvious. Functionally, the implementation of any set of jurisdictional rules defining the Court's sphere of activity depends on a complementary cooperation regime.Systematically, the key elements of the jurisdictional regime constitute starting points in framing the cooperation regime.
War Crimes in Non-international Armed Conflicts under the Statute of the International Criminal Court
Authors: Momtaz Djamchid
Published: February 2009

International humanitarian law applicable in non-international armed conflicts has long been characterized by the absence of universal competence to suppress serious violations of its provisions. This failure has been due to the reluctance of states – which are naturally prone to consider any limitation of their exclusive competence in this field as a threat to their sovereignty – to criminalize such acts under international law.

The first attempt at remedying such a situation was seen in the Draft Statute of an International Criminal Court (ICC), which was prepared by the International Law Commission (ILC) in 1994, and inspired by the draft articles of the Code of Crimes against the Peace and International Security of Mankind, provisionally adopted by the ILC in 1991 at first reading. Under the Draft Statute of the ICC, serious violations of the laws and customs applicable in armed conflicts would be under the jurisdiction of the Court. The ILC had in mind exceptionally serious war crimes, such as those described in the pertinent article of the draft code referred to by the Commission, constituting an extremely grave violation of the principles and laws of international law applicable in armed conflicts. In the commentary on this article, the ILC took care to specify that the expression ‘armed conflict’ covered the non-international armed conflicts that are the focus of common Article 3 of the Geneva Conventions of 12 August 1949, as well as international armed conflicts.

This first step was of very limited scope. In fact, according to the ILC, in order to be criminalized, the laws and customs of war had to find their origin in general customary international law.
The Year in Review
Authors: McDonald Avril
Published: February 2009

Nineteen ninety-nine was a year of taking stock. For humanitarian lawyers, this was facilitated by the fact that it was a year of anniversaries. As well as being the final year of the decade of international law, it was also the centenary of the first Hague peace conference and the first Hague Convention and the fiftieth anniversary of the 1949 Geneva Conventions, providing ample occasion for reflection on the successes and failures of this branch of international law over the past century. The tone of the various commemorative meetings was chastened rather than celebratory. As one commentator noted: ‘At the end of a century which has seen so much of war and in which the laws of war have proven so comparatively ineffectual, it seems obvious that that law must be seen as deficient and the record of the last hundred years be adjudged one of failure rather than achievement. (…) Yet the principle conclusion is not that the world needs new law, or different law, but that the law which we have needs to be made more effective.’

The major developments in international humanitarian law have closely tracked a century that has seen society and the nature and aims of warfare change dramatically. Developments in the law have been reactive rather than anticipatory and have built on a model that was designed in response to imperatives that were different than those faced today and those that will be faced in the future. The time has long since passed in many countries when the state has a monopoly on violence. Entire societies have been militarised, and in many areas war has been ‘privatised’ as ‘mercenaries, rebels, mutinous gangsters emerge to exploit the decline of the state’.
The Role of Evidence in War Crimes Trials: the Common Law and the Yugoslav Tribunal
Authors: Bryan Ian , Rowe Peter
Published: February 2009

With the passing into law of the War Crimes Act of 1991, the United Kingdom joined common law states such as Canada and Australia in conferring upon its domestic courts jurisdiction to try individuals suspected of having committed war crimes in Europe during the Second World War. Under the 1991 Act, proceedings for murder, manslaughter or culpable homicide may be brought, with the consent of the Attorney-General, against any person who, on 8 March 1990 or later, became a British citizen or resident in the United Kingdom, providing that the offence charged is alleged to have been committed between 1 September 1939 and 4 June 1945 in a place which was, at the material time, part of Germany or under German occupation. The Act further provides that the offence charged must have constituted a violation of the laws and customs of war under international law at the time it was committed. In addition, the Act stipulates that the nationality of the alleged offender at the time the alleged offence was committed is immaterial.
The Law Applicable to Targeting and Proportionality after Operation Allied Force: a View from the Outside
Authors: Fenrick W. J.
Published: February 2009

The North Atlantic Treaty Organization (NATO) member states conducted a bombing campaign, referred to as Operation Allied Force, against the Federal Republic of Yugoslavia (FRY) from 24 March to 9 June 1999. The conduct of the bombing campaign has been subjected to a degree of outside scrutiny, particular by Human Rights Watch, Amnesty International, and the Office of the Prosecutor for the International Criminal Tribunal for the former Yugoslavia (OTP ICTY). This outside scrutiny process is not unprecedented. In particular, following the Gulf Conflict of 1990–91, Human Rights Watch produced a study entitled ‘Needless Deaths in the Gulf War’ and Greenpeace produced ‘On Impact: Modern Warfare and the Environment, A Case Study of the Gulf War.’ In addition, the United States Department of Defence (USDOD), which was not an outside scrutineer, produced a Report to Congress on the Conduct of the Persian Gulf War which included an Appendix O on ‘The Role of the Law of War.’
The Year in Review
Authors: McDonald Avril
Published: February 2009

Milestones, particularly those as special as the twin-birth of a new century and millenium, lend themselves to rhapsody and the urge to say something positive and forward-looking. The Yearbook is not merely succumbing to this tendency, however, when it observes that, in some important respects, 2000 proved itself an auspicious opening. There was a flurry of activity among states to implement international humanitarian law (IHL), most of it a consequence of states ratifying the several humanitarian law treaties that were concluded in the late-Nineties.
The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
Authors: Happold Matthew
Published: February 2009

On 25 May 2000, the United Nations General Assembly, adopted, without a vote, the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (‘the Optional Protocol’). The adoption of the Optional Protocol was the culmination of a long process, extending over some ten years and originating in the dissatisfaction felt by a number of states and NGOs at the level of protection afforded to children by the 1989 Convention on the Rights of the Child (‘the CRC’). The Optional Protocol marks a significant step towards the prohibition of the recruitment of children into armed forces and groups and their participation in hostilities. However, its contents were the result of a compromise that left many dissatisfied, and questions remain about the likely efficacy of the Optional Protocol in ending the phenomenon of child soldiers. Critics see the Optional Protocol as the product of a dialogue between developed states, western-based NGOs and the United Nations' bureaucracy, who prefer standard-setting to tackling the root causes of the use of child soldiers.
The ECOWAS Moratorium on Small Arms in West Africa
Authors: Mubiala Mutoy
Published: February 2009

Paraphrasing Pope Paul VI, Professor Rubens Ricupero, Secretary-General of the United Nations Conference on Trade and Development (UNCTAD), stated at the closing meeting of the second symposium of the francophone world in Geneva (27–28 October 1999) that ‘peace is development's new name’. Explaining this statement, Professor Ricupero said that peace and development are linked and interdependent, but that in this dynamic relationship, priority may be given for a time to one or the other, depending on the circumstances.
The Emblems of the 1949 Geneva Conventions: their Content and Meaning
Authors: Meriboute Zidane
Published: February 2009

From time immemorial, human beings have communicated using signs of one kind or another, among them gestures and graphic images. Knowledge of these different forms of communication gradually spread, and they became part of the common heritage of peoples and of humanity as a whole. The respect inspired by signs and symbols stems from the fact that they perform vital functions, such as channeling knowledge, helping survival and protecting individuals and their communities.
The Rules of Procedure and Evidence of the International Criminal Court
Authors: de Gurmendi Silvia A. Fernández , Friman Håkan
Published: February 2009

On 30 June 2000, the Preparatory Commission for the International Criminal Court approved by consensus the Draft Rules of Procedure and Evidence (hereinafter ‘the Rules’). Their adoption followed months of extensive negotiations during which delegations struggled to supplement the Rome Statute of the International Criminal Court (hereinafter, ICC or the Court) while fulfilling the — sometimes somewhat contradictory — objectives of safeguarding the integrity of the Statute and ‘enhancing the effectiveness and acceptance of the Court’.
The Second Review Conference of the 1980 Convention on Certain Conventional Weapons
Authors: Mathews Robert J.
Published: February 2009

The 1980 Convention on Certain Conventional Weapons (CCW) was opened for signature on 10 October 1980 and entered into force on 2 December 1983 (six months after the deposit of the twentieth ratification). Following several years of virtual obscurity, interest in the CCW increased in the early 1990s, partly as a consequence of greater interest in the potential of the CCW in reducing the inhumane consequences of anti-personnel landmines (APLs). This led to the convening of the First Review Conference (Revcon) in 1995/6. One of the decisions taken by the first Revcon was that a second Revcon should be convened within five years to review the operation of the CCW. This indicated that for many states the CCW had come to assume a greater importance than they had accorded it during the preceding 15 years, as well as their acceptance that APLs and other weapons covered by the CCW warranted closer attention. In the lead-up to the second Revcon, which was convened in December 2001, major issues under consideration included the scope of the CCW and Explosive Remnants of War (ERW), including cluster bombs and other forms of unexploded ordnance not covered by existing international law, and strengthened provisions relating to antivehicle landmines (AVMs).