bluuebunny/crossref_metadata_2025_split huggingface dataset:
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’.
Angola: A case study in the challenges of achieving peace and the question of amnesty or prosecution of war crimes in mixed armed conflicts
Authors: Doria José 
Published: February 2009

On 22 February 2002, Jonas Malheiro Savimbi, who led the UNITA rebel movement during the bloody armed conflict in Angola and who had battled to take power by force since Angola's independence from Portugal in 1975, was killed in a gun battle with the Angolan Army. During the Cold War, Savimbi was a proxy for the United States against the then-Marxist government of Angola. But after the end of the Cold War, he lost international support for rejecting peace efforts. He was accused of perpetuating a bloody internal conflict to advance his own interests and was exposed to international sanctions. Meanwhile, the government of President José Eduardo dos Santos moved closer to the United States.The 27-year-long armed conflict is believed to have killed approximately one million people and driven four million others from their homes, creating a humanitarian crisis. In addition, the conflict destroyed almost all of the country's infrastructure, and effectively disrupted every effort by the government to start the long desired national reconstruction after independence, and the building of prosperity for the nation's children.
Developments in the law of genocide
Authors: Schabas William A. 
Published: February 2009

Probably more has happened in the past five years to the Convention for the Prevention and Punishment of the Crime of Genocide than in the previous 50, that is, in the half-century following its adoption by the United Nations General Assembly on 9 December 1948.Indeed, for the first five decades of its existence, the Convention was largely ignored by lawyers, viewed by most of them — as Georg Schwar-zenberger famously remarked — to be ‘unnecessary when applicable and inapplicable when necessary’. Over the years there had been attempts to apply the ‘g-word’ to a wide range of atrocities and gross violations of human rights, including those of China in Tibet, of Iraq against the Kurds, of the United States in Vietnam as well as towards its African-American and aboriginal populations, of Pakistan in Bangladesh, the Khmer Rouge in Cambodia, and Israel in Lebanon. But in each of these cases, some interpretative flair was required in order to stretch the definition to fit the crimes, and the efforts were not always very convincing. In 1990 scholars Frank Chalk and Kurt Jonassohn wrote that ‘the wording of the Convention is so restrictive that not one of the genocidal killings committed since its adoption is covered by it’.
The liability of civilians under international humanitarian law's war crimes provisions
Authors: Arnold Roberta 
Published: February 2009

Contemporary international conflicts are witnessing an increasing involvement of civilians — such as, for example, suicide bombers — in the conduct of hostilities. Unlike regular soldiers, however, whose job it is to fight, civilians are not allowed to participate in combat and may be tried under ordinary criminal law for such activity. The question that this paper will attempt to answer is whether in the case where their engagement may lead to gross violations of humanitarian principles, they may be additionally subject to war crimes proceedings pursuant to international humanitarian law (IHL).In order to assess the applicability of the war crimes' regime to civilians, this paper will be structured as follows. Part 2 will define who is a civilian. Part 3 will examine the position of international jurisprudence and doctrine on the question whether civilians may also be liable for war crimes and under what conditions. The fourth part will draw the conclusions.
Off target on the Iraq campaign: a response to Professor Schmitt
Authors: PoKempner Dinah , Garlasco Marc , Docherty Bonnie 
Published: February 2009

Law without facts makes a dull subject, and it is one of the peculiarities of international humanitarian law (IHL) that many of the interesting facts are classified or unavailable to those outside the military. This partially explains why IHL until recently has been the redoubt of military lawyers and the International Committee of the Red Cross. That situation is changing, for many reasons.Popular interest in IHL is growing due to concern with responses to terrorism, interventionism (humanitarian and otherwise) and international justice. Civil society organisations have successfully campaigned for both new standards, such as the Landmines Convention, as well as new mechanisms of enforcement, such as the ad hoc international criminal tribunals and the International Criminal Court. At the same time, technology and globalisation have facilitated both real-time battlefront reporting and post-battle analysis by civilians.
The International Criminal Court's Trust Fund for Victims: challenges and opportunities
Authors: Ferstman Carla 
Published: February 2009

The historic International Criminal Court Statute has come into force against a backdrop of massive atrocities being committed in different parts of the world. Looking at the situations currently under investigation by the Office of the Prosecutor, in the Democratic Republic of the Congo it is estimated that 3.5 million children, women and men have died as a result of the conflict in that country, while in Uganda, the brutal conflict between the rebel Lord's Resistance Army (LRA) and government forces has been characterised by abduction of children to join LRA contingents and for sexual enslavement and large-scale displacement of civilians, among other heinous acts. It is likely that future situations to be dealt with by the Court will similarly impact on hundreds of thousands of victims.The scale of these atrocities presents a unique challenge for the Court. Thousands of alleged perpetrators may fall within its jurisdiction, although for optimal efficiency and impact the Office of the Prosecutor will need to find a way to focus on the responsibility of key individuals, but without being perceived as detracting from the complexities of any given situation.
The elastodynamic Green's tensor for the 2D half-space
Authors: Buchen Peter W. 
Published: February 2009

AbstractAn exact algebraic representation for the 2D elastodynamic Green's tensor is derived. A new displacement potential decomposition is employed which yields, in conjunction with the Pekeris–Cagniard–de Hoop method, the exact representation. The first motions of the major arrivals are evaluated in terms of their polarizations, radiation patterns, geometrical spreading and wave-front singularities. The tensorial components of the Rayleigh wave on the free surface are found and solutions for dipolar line source discussed. We also investigate diffracted phases first noticed by Lapwood in his 1949 paper [13].
The characteristic identities and reduced matrix elements of the unitary and orthogonal groups
Authors: Gould M. D. 
Published: February 2009

AbstractPolynomial identities satisfied by the generators of the Lie groups O(n) and U(n) are rederived. Using these identities the reduced matrix elements of the Lie groups U(n) and O(n) are evaluated as rational functions of the IR labels occurring in the canonical chainsThis method does not require an explicit realization of the Lie algebras and their representations using bosons. Finally, trace formulae encountered previously by several authors for finite dimensional irreducible representations are shown to hold on arbitrary representations admitting an infinitesimal character.
Steady Prandtl-Batchelor flows past a circular cylinder
Authors: Hocking G. C. 
Published: February 2009

AbstractThe high Reynolds number flow past a circular cylinder with a trailing wake region is considered when the wake region is bounded and contains uniform vorticity. The formulation allows only for a single vortex pair trapped behind the cylinder, but calculates solutions over a range of values of vorticity. The separation point and length of the region are determined as outputs. It was found that using this numerical method there is an upper bound on the vorticity for which solutions can be calculated for a given arclength of the cavity. In some cases with shorter cavities, the limiting solutions coincide with the formation of a stagnation point in the outer flow at both separation from the cylinder and reattachment at the end of the cavity.
Sub-supersolutions in a variational inequality related to a sandpile problem
Authors: Le Vy Khoi 
Published: February 2009

AbstractIn this paper we study a variational inequality in which the principal operator is a generalised Laplacian with fast growth at infinity and slow growth at 0. By defining appropriate sub-and super-solutions, we show the existence of solutions and extremal solutions of this inequality above the subsolutions or between the sub- and super-solutions.
On the stability of solutions for thep(x)-Laplacian equation and some applications to optimisation problems with state constraints
Authors: Galewska Elżbieta , Galewski Marek 
Published: February 2009

AbstractWe consider the stability of solutions for a family of Dirichlet problems with (p, q)-growth conditions. We apply the results obtained to show continuous dependence on a functional parameter and the existence of an optimal solution in a control problem with state constraints governed by thep(x)-Laplacian equation.
Robust stability of impulsive switched systems with disturbance
Authors: Liu Xinzhi , Zhang Hongtao 
Published: February 2009

AbstractThis paper studies a class of impulsive switched systems with persistent bounded disturbance using robust attractor analysis and multiple Lyapunov functions. Some sufficient conditions for internal stability of the systems are obtained in terms of linear matrix inequalities (LMI). Based on the results, a simple approach for the design of a feedback controller is presented to achieve a desired level of disturbance attenuation. Numerical examples are also worked out to illustrate the obtained results.
Stability analysis of a k-out-of-N:G reparable system
Authors: Xu Houbao 
Published: February 2009

AbstractA k-out-of-N:G reparable system with an arbitrarily distributed repair time is studied in this paper. We translate the system into an Abstract Cauchy Problem (ACP). Analysing the spectrum of the system operator helps us to prove the well-posedness and the asymptotic stability of the system.
Using Modified Proper Orthogonal Decomposition (MPOD) for reducing ecosystem models
Authors: Lawrie J. , Hearne J. W. 
Published: February 2009

AbstractIn this paper we consider simplifying a model of the nitrogen cycle in Port Phillip Bay, Victoria, Australia. The approach taken is to aggregate state variables that are linearly related using a projection in state space. The technique involved is a modification of proper orthogonal decomposition and was developed so that a resulting simplified model retains an ecological interpretation. It can be applied automatically, and enables insights into the system to be gained that were not obvious beforehand. In the case of the Port Phillip Bay model, we find that the variables representing water and sand are unaffected by the remaining variables, while only variables on the same trophic level can be grouped together. The validity of the aggregation under several nutrient loads is also discussed.
Thermodynamics, Mnemonic Matrices and Generalized Inverses
Authors: Leipnik R. B. , Pearce C. E. M. 
Published: February 2009

AbstractWe present an alternative matrix mnemonic for the basic equations of simple thermodynamics. When normalized, this permits an explicit generalized inverse, allowing inversion of the mechanical and chemical thermodynamic equations. As an application, the natural variablesS, V, PandTare derived from the four energiesE(internal),F(free),G(Gibbs) andH(enthalpy).
Extension of a short-time solution of the diffusion equation with application to micropore diffusion in a finite system
Authors: Haynes P. D. , Lucas S. K. 
Published: February 2009

AbstractThe diffusion equation is used to model and analyze sorption, a process used in the purification or separation of fluids. For the diffusion inside a spherical porous solid immersed in a limited-volume and well-stirred fluid, Ruthven [5], Crank [3] and, for the analogous flow of heat, Carslaw and Jaeger [2] give an eigenfunction expansion solution to the diffusion equation that provides accurate long-time solutions when only a few terms are used. However, to obtain the same accuracy for short-time solutions the number of eigenfunction terms required increases exponentially. An alternative error function solution of Carman and Haul [1] is accurate for sufficiently short times but not for long times. Although their solution is well quoted [3, 4, 6], Carman and Haul do not provide a derivation in their paper. This paper provides a full derivation of the short-time solution of Carman and Haul that uses only the first term of a negative exponential series in the Laplace domain. It is shown that the accuracy and range of the short-time result is improved by the inclusion of additional terms of the negative exponential series. An analysis of short-time and long-time resultsis presented, together with recommendations as to their use.
Monotonicity of the error term in Gauss-Turán quadratures for analytic function
Authors: Milovanović Gradimir V. , Spalević Miodrag M. 
Published: February 2009

AbstractFor Gauss–Turán quadrature formulae with an even weight function on the interval [−1, 1] and functions analytic in regions of the complex plane which contain in their interiors a circle of radius greater than I, the error term is investigated. In some particular cases we prove that the error decreases monotonically to zero. Also, for certain more general cases, we illustrate how to check numerically if this property holds. Some ℓ2-error estimates are considered.
Facility location via continuous optimization with discontinuous objective functions
Authors: Ugon J. , Kouhbor S. , Mammadov M. , Rubinov A. , Kruger A. 
Published: February 2009

AbstractFacility location problems are one of the most common applications of optimization methods. Continuous formulations are usually more accurate, but often result in complex problems that cannot be solved using traditional optimization methods. This paper examines theuse of a global optimization method—AGOP—for solving location problems where the objective function is discontinuous. This approach is motivated by a real-world application in wireless networks design.
The multivariate Faà di Bruno formula and multivariate Taylor expansions with explicit integral remainder term
Authors: Leipnik Roy B. , Pearce Charles E. M. 
Published: February 2009

AbstractThe Faà di Bruno formulæ for higher-order derivatives of a composite function are important in analysis for a variety of applications. There is a substantial literature on the univariate case, but despite significant applications the multivariate case has until recently received limited study. We present a succinct result which is a natural generalization of the univariate version. The derivation makes use of an explicit integralform of the remainder term for multivariate Taylor expansions.
On the dynamics of a family of third-order iterative functions
Authors: Amat Sergio , Busquier Sonia , Plaza Sergio 
Published: February 2009

AbstractWe study the dynamics of a family of third-order iterative methods that are used to find roots of nonlinear equations applied to complex polynomials of degrees three and four. This family includes, as particular cases, the Chebyshev, the Halley and the super-Halleyroot-finding algorithms, as well as the so-called c-methods. The conjugacy classes of theseiterative methods are found explicitly.
What is the discrete analogue of the Painlevé property?
Authors: Ramani A. , Grammaticos B. 
Published: February 2009

AbstractWe analyse the various integrability criteria which have been proposed for discrete systems, focusing on the singularity confinement method. We present the exact procedure used for the derivation of discrete Painlevé equations based on the deautonomisation of integrable autonomous mappings. This procedure is then examined in the light of more recent criteria based on the notion of the complexity of the mapping. We show that the low-growth requirements lead, in the case of the discrete Painlevé equations, to exactly the same results as singularity confinement. The analysis of linearisable mappings shows that they have special growth properties which can be used in order to identify them. A working strategy for the study of discrete integrability based on singularity confinement and low-growth considerations is also proposed.
Integrability, random matrices and Painlevé transcendents
Authors: Witte N. S. , Forrester P. J. , Cosgrove Christopher M. 
Published: February 2009

AbstractThe probability that an interval I is free of eigenvalues in a matrix ensemble with unitary symmetry is given by a Fredholm determinant. When the weight function in the matrix ensemble is a classical weight function, and the interval I includes an endpoint of the support, Tracy and Widom have given a formalism which gives coupled differential equations for the required probability and some auxiliary quantities. We summarize and extend earlier work by expressing the probability and some of the auxiliary quantities in terms of Painlevé transcendents.
Nonlinear electron solutions and their characteristics at infinity
Authors: Booth Hilary 
Published: February 2009

AbstractThe Maxwell-Dirac equations model an electron in an electromagnetic field. The two equations are coupled via the Dirac current which acts as a source in the Maxwell equation, resulting in a nonlinear system of partial differential equations (PDE's). Well-behaved solutions, within reasonable Sobolev spaces, have been shown to exist globally as recently as 1997 [12]. Exact solutions have not been found—except in some simple cases.We have shown analytically in [6, 18] that any spherical solution surrounds a Coulomb field and any cylindrical solution surrounds a central charged wire; and in [3] and [19] that in any stationary case, the surrounding electron field must be equal and opposite to the central (external) field. Here we extend the numerical solutions in [6] to a family of orbits all of which are well-behaved numerical solutions satisfying the analytic results in [6] and [11]. These solutions die off exponentially with increasing distance from the central axis of symmetry. The results in [18] can be extended in the same way. A third case is included, with dependence on z only yielding a related fourth-order ordinary differential equation (ODE) [3].