From Calculated Cruelty to Casual Violence – The United Nations War Crimes Commission and the Prosecution of Torture and Ill-Treatment

The article looks at the records of both the United Nations War Crimes Commission (UNWCC) and national courts with respect to the post-World War II prosecution of the crimes of torture and ill-treatment. It illustrates how the UNWCC and national courts dealt with the relevant legal questions, applicable laws, crimes at hand, as well as issues of retroactivity and defenses. The article also discusses the UNWCC’s contribution to the development of relevant international law, both in terms of state practice and precedent. Finally, it acknowledges the legacy of the UNWCC and post-World War II prosecutions, which constituted a collaborative effort to bring perpetrators of international crimes to justice.     

Truancy and the Prosecution of Parents: An Unfair Burden on Mothers?

This article considers the development and use of the law regulating the prosecution of parents under section 444 of the Education Act 1996, in the broader context of legislation and policy initiatives concerned with the governance of parental responsibility. It explores the ways in which the power to prosecute parents has been used by local educational authorities (LEAs) and interpreted by the courts. The article critically analyses the manner in which the powers emphasise punishment and retribution in the context of the social moralisation of ‘flawed’ parents; pay insufficient regard to the effects of parental responsibility laws on low‐income, single parent families; represent an attempt to impose a simple solution on to a complex socio‐economic problem; and amplify the scope for mothers to be made the subject of criminal justice interventions. It is argued that the prosecution of parents imposes an unfair burden on mothers and, in particular, single parent mothers.     

Routes and determinants of leaving home: the city of Gothenburg, 1915–1943

This paper deals with the home-leaving of young adults in Gothenburg, Sweden, in the period 1915–1943. We used individual-level panel data from population registers and poll-tax records, taking a competing risk design for the analysis of the determinants of leaving home to marry, or for non-familial living. We found a transitional, marriage-driven pattern of leaving home that neither fits the old context of life cycle service, nor the alternative modern routes out of the parental home into unmarried householdship. Young adults typically stayed at home until they married, although some moved out to temporary non-familial living first. Non-familial living consisted mainly of lodging in another household, but working outside it, which in a way was a forerunner of the modern pattern, in sharp contrast with the remnant of preindustrial times: the flow from rural areas into Gothenburg of teenage women immigrants to become residential domestic servants. Interestingly, we found that the main determinants of home-leaving in studies of modern-day populations were equally important in the population of Gothenburg in 1915–1943. For both young men and young women, having their own resources (employment, earnings) was positively associated with the likelihood of leaving the parental home. We also found clear gender differences. A higher level of human capital of the father was associated with later home-leaving to marry for sons, and earlier leaving for non-familial living for daughters. Lower levels of household income, or the presence of minor siblings or a widowed parent were push factors for non-familial living for daughters. We found no similar push factors for sons.     

Setting the Path for the UNWCC: The Representation of European Exile Governments on the London International Assembly and the Commission for Penal Reconstruction and Development, 1941–1944

This article discusses the development of the UNWCC and the intellectuals involved. It notes the commitment that smaller Allied states made to frame international criminal law with regard to war crimes. The article pays particular attention to two Czech delegates who stood out from the community of experts, and who were instrumental in formalizing how war crimes committed in Europe during the Second World War – and beyond – should be handled. The concept of crimes against humanity became a main outcome of the legal debates, serving not only as a blueprint for the London Charter, but the international criminal law system as a whole. The predecessors of the UNWCC, involving some of the most renowned lawyers of the time, formed one of the first truly transnational networks. Moreover, the experiences of the lawyers, and their framing of that experience in lengthy memorandums, helped to generate a new concept in politics: the protection of human rights.     

China,the Chinese Representative,and the Use of International Law to Counter Japanese Acts of Aggression: China’s Standpoint on UNWCC Jurisdiction

This article discusses China’s influence on the United Nations War Crimes Commission (UNWCC). It describes China’s participation in the discussion of war crimes investigation and punishment, emphasizing the particular influence of Chinese Representative Wellington Koo. The article examines Koo’s application of international law to address Japanese atrocities committed towards China, particularly in using the UNWCC as a means of ensuring that Japanese aggression did not go unpunished. Despite the inability to hold many Japanese war criminals accountable, the author emphasizes China’s remarkable impact on the UNWCC, and maintains that China continues to remain a strong force in international law.     

A New Paradigm of Customary International Criminal Law: The UN War Crimes Commission of 1943–1948 and its Associated Courts and Tribunals

This article focuses on the United Nations War Crimes Commission’s significant contribution to the development of customary international criminal law defined by the development of international legal standards and proceedings to combat impunity and promote justice. It draws on the Commission’s official history and its increasingly open archives in order to provide an overview of the UNWCC and its work, its members and its legacy for the contemporary era of international criminal law. The article firstly places the Commission in its historical context through the events and agreements that led to its creation and provided the legal character of the UNWCC. The defining characteristics of the Commission are afterwards described: the nations involved, the committee structure it formed and the sub-commission located in the Far East. Lastly, the accomplishments of the Commission are emphasised and criticisms of its work are presented. The article concludes with a discussion on the legacy of the Commission’s work and a possible future research agenda.     

Envisaging the Post-Brexit Landscape: An Articulation of the Likely Changes to the EU–UK Competition Policy Relationship

In the light of the outcome of the 23rd June 2016 UK referendum to leave the European Union and the May government’s consequent approach to Brexit, this paper explores the likely changes that these will bring to a key EU–UK relationship, the competition policy relationship. It is suggested that changes are likely not only in public enforcement and private actions but also in the need for a new competition cooperation architecture between the EU and the UK. In order to appreciate how the competition relationship is likely to change after Brexit, an understanding of the current architecture in respect of the said areas is necessary and thus outlined early in the paper. Thereafter, it is argued that, post the implementation period, as the UK will no longer come under the direct jurisdiction of the European Court of Justice or indeed be a member of the Single European Market, a considerable loosening or separation of the strands that shape the current EU–UK competition relationship will occur. This unwinding of the currently intertwined EU and UK competition regimes will affect both public enforcement and private actions, thereby opening up the possibility of further regulatory divergence, unless consciously checked. Moreover, as the separation will see the Commission’s jurisdictional remit no longer include the UK, the domain will become the sole regulatory concern of UK institutions, particularly the Competition and Markets Authority. This will lead to dual regulatory capture, often of significant and complex antitrust and merger cases, given the overlapping nature of EU and UK markets. Clearly, this necessitates the UK regulator having the appropriate staffing to vet such cases, as it moves from essentially a regional player to one on a par with the Commission and regulators in the USA and China. In fact, the dual capture of such cases reinforces the importance of effective cooperation between the EU and UK regulators. However, given that the current competition cooperation relationship will end at the conclusion of the implementation period, the paper articulates a likely new EU–UK competition cooperation architecture, reflecting the fact that the UK would be outside the EU, but still enabling close, effective cooperation. Of course, and echoing the EU, it is also in the UK’s interest to agree similar competition cooperation bilaterals with key non-EU regulators. Yet, because this will take time, and because cooperation can indeed fail, the UK, like the EU, must ensure its competition instruments have the necessary extra-territorial reach.     

Penal and Prison Policy on the “Sunny Side of the Alps”: The Swan Song of Slovenian Exceptionalism?

The article considers penal and prison policy in Slovenia by illustrating and confronting the roots, development and main features of Slovenian vis-à-vis Scandinavian penal “exceptionalism”. It first explores economic, social and political developments that made both Scandinavian and Slovenian penal regimes, in terms of stability and leniency of penal policy, low imprisonment rates and quality of prisoner treatment, to some degree exceptional if confronted with regimes of the vast majority of western countries. Further, the authors explore what consequences and implications the recent punitive tendencies have for Slovenian exceptionalism and whether they jeopardize or perhaps even threaten mild penal order, which the country on the “sunny side of the Alps” has been building since the 1970s. Finally, the authors try to find out whether, in spite of the declining welfarism and rising punitiveness, Slovenian-style penal exceptionalism has a chance to revive and endure.     

For the Love of Darcie: Recognising the Human–Companion Animal Relationship in Housing Law and Policy

This paper identifies the law’s failure to recognise and protect the human–companion animal relationship in the housing arena. The nature of the human–companion animal relationship has striking similarities to human–human relationships in the socially supportive aspects of the relationship such as attachment, nurturance and reliable alliance. This contributes to the social life and sense of well-being of the owner. There is also evidence that the human–companion animal relationship can have physical health benefits such as lowering the risk of death by cardiovascular disease. It is clear that society benefits from the human–companion animal relationship, which many owners perceive as akin to family, in the form of healthier, less isolated people with better social networks. Yet in the key area of housing, the law does nothing to protect or even recognise this relationship. In consequence, every year thousands of tenants in both the public and private sector are faced with ‘no pet’ covenants in their leases and grapple with difficulties such as reduced housing options, higher rents or the traumatic decision to give up their companion animal for rehoming or euthanasia. This is especially prevalent amongst vulnerable people, like the elderly and mentally ill, who are more likely to need to move into supported accommodation. This article examines housing law in countries, such as France and Canada, that prohibit ‘no pet’ covenants in residential leases and provides arguments for the effective formulation and implementation of such law in the UK.     

A research–note on the slave registers of Suriname, 1830–1865

In 1826, the Dutch government decreed that slave owners in the Dutch colony of Suriname had to register all enslaved persons in their possession and all changes in ownership. Registration was done in a central register until the abolition of slavery in Suriname in 1863. The registers give a continuous overview of the enslaved population in Suriname stretching for more than three decades. The level of information on the enslaved population of Suriname make the slave registers into an exceptional source for the study of slavery. As part of the project Make the Surinamese slave registers public a database of these registers was created. The database is the first step to create a Historical Database of Suriname (HDS) covering a substantial part of the population of Suriname between 1830 and 1950.     

An Examination of the Influence of Strength of Evidence Variables in the Prosecution’s Decision to Dismiss Driving While Intoxicated Cases

The majority of research examining prosecutorial discretion has focused on legal factors such as the seriousness of the offense or the extra-legal characteristics of the accused including race/ethnicity and gender. The amount of variance explained by court researchers, however, remains quite low. The present study extends previous research examining the primary determinants of prosecutor??s decision to dismiss or fully prosecute focusing on driving while intoxicated cases. We focus on the predictive contribution of the strength of evidence relative to legal and extra-legal variables. The data consist of 2,358 driving while intoxicated cases filed in Harris County, Texas during the first 8?months of 1999. The findings strongly support the inclusion of strength of evidence variables in court research and further suggest their past omission may have attributed significance to spurious relationships.     

Impact of small arms insecurity on the public health of pastoralists in the Kenya–Uganda border regions

Small arms must be considered as a public health problem, but quantifying the public health impact of small arms is difficult and studies are sparse in areas of conflict. This study considers the remote cross border area between Kenya and Uganda where pastoral conflict in the form of cattle raiding with the use of small arms has escalated in recent years, and where health facilities are scarce. Hospitals and clinics in Karamoja, Uganda, and West Pokot, Kenya were visited by the author, to collect any available data on small arms injuries. Interviews with hospital staff helped to provide further insight into the statistics. Statistics showed that most injuries were sustained during raiding, though worrying incidences of injury among noncombatants and young children were found. Many serious injuries and limb fractures were documented, likely to have some long-term implications for pain, growth, disability, and livelihood. Deaths and injuries are likely to be significantly underestimated by the statistics, due to problems of transport, insecurity, deaths prior to arrival, admission fees for some facilities, and fear of reporting injuries due to the criminal element. Police statistics support this conclusion. The situation appeared to be worse in Uganda as opposed to Kenya, but cooperation between the two countries is needed since pastoralists readily cross the borders both to raid and to attend clinics and hospitals.

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English Matrimonial Law on the Eve of Reform (1828–57)

The ecclesiastical courts, which until 1857 administered English matrimonial law, could not dissolve marriages, but they had important powers, including the power to decree a permanent separation, to order payment of alimony, to make an order for restitution of conjugal rights, and to annul a marriage on certain restricted grounds. The work of these courts deserves attention: though the amount of litigation was, by later standards, comparatively small, this is not a reliable indication that the influence of the law was slight; moreover, the ecclesiastical courts often showed considerable sympathy with the interests of women, inclining to some extent in their favour on several important points of law and practice.     

Analysis on the impact of the “Dilution Theory” on ruling of trademark cases

Chinese trademark law has established the cross-category protection system of well-known trademarks based on the confusion theory. The system, however, has many problems in practice and does not fulfill completely the needs for protecting well-known trademarks. Consequently, when hearing trademark cases, some judges have abandoned the confusion theory instead of using the dilution theory in judging well-known trademarks. Through analysis on 100 judgments concerning well-known trademark cases, it can be seen that the influence of the dilution theory on the ruling of trademark cases is increasing. Certain conditions should first be satisfied when introducing the dilution theory to rule trademark cases: Firstly, the contents of the dilution theory shall be grasped as correctly as possible to avoid plausible understanding; secondly, the application of the dilution theory shall adopt the existing institutional criteria as much as possible by full use of the leeway of interpretation provided by the existing system.