Skeletal estimation and identification in American and East European populations

Forensic science is a fundamental transitional justice issue as it is imperative for providing physical evidence of crimes committed and a framework for interpreting evidence and prosecuting violations to International Humanitarian Law (IHL). The evaluation of evidence presented in IHL trials and the outcomes various rulings by such courts have in regard to the accuracy or validity of methods applied in future investigations is necessary to ensure scientific quality. Accounting for biological and statistical variation in the methods applied across populations and the ways in which such evidence is used in varying judicial systems is important because of the increasing amount of international forensic casework being done globally. Population variation or the perceived effect of such variation on the accuracy and reliability of methods is important as it may alter trial outcomes, and debates about the scientific basis for human variation are now making their way into international courtrooms. Anthropological data on population size (i.e., the minimum number of individuals in a grave), demographic structure (i.e., the age and sex distribution of victims), individual methods applied for identification, and general methods of excavation and trauma analysis have provided key evidence in cases of IHL. More generally, the question of population variation and the applicability of demographic methods for estimating individual and population variables is important for American and International casework in the face of regional population variation, immigrant populations, ethnic diversity, and secular changes. The reliability of various skeletal aging methods has been questioned in trials prosecuted by the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Prosecutor of the Tribunal against Radislav Krstic (Case No. IT-98-33, Trial Judgment) and again in the currently ongoing trial of The Prosecutor of the Tribunal against Zdravko Tolimir, Radivolje Miletic, Milan Gvero, Vinko Pandurevic, Ljubisa Beara, Vujadin Popovic, Drago Nikolic, Milorad Trbic, Ljubomir Borovcanin (IT-05-88-PT, Second Amended Indictment). Following the trial of General Krstic, a collaborative research project was developed between the Forensic Anthropology Center at The University of Tennessee (UT) and the United Nations, International Criminal Tribunal for the Former Yugoslavia, Office of the Prosecutor (ICTY). The purpose of that collaboration was to investigate methods used for the demographic analysis of forensic evidence and where appropriate to recalibrate methods for individual estimation of age, sex, and stature for specific use in the regions of the former Yugoslavia. The question of "local standards" and challenges to the reliability of current anthropological methods for biological profiling in international trials of IHL, as well as the performance of such methods to meet the evidentiary standards used by international tribunals is investigated. Anthropological methods for estimating demographic parameters are reviewed. An overview of the ICTY-UT collaboration for research aimed at addressing specific legal issues is discussed and sample reliability for Balkan aging research is tested. The methods currently used throughout the Balkans are discussed and estimated demographic parameters obtained through medico-legal death investigations are compared with identified cases. Based on this investigation, recommendations for improving international protocols for evidence collection, presentation, and research are outlined.     

东京审判与南京大屠杀

南京大屠杀无疑是第二次世界大战日军暴行中最突出的一个事件,它的残酷程度令全世界感到震惊。但时至今日,日本国内仍有人要否认这段历史,认为南京大屠杀纯属"虚构",要求中国撤走抗日战争纪念馆展出的相关照片等。二战后东京国际法庭的审判是对日本战犯罪行的彻底清算。东京国际法庭的审判与二战中的反侵略战争一样,是对邪恶势力的清算。但从某种意义上讲,它是比战争更具有长久意义的清算,因为它动用的不是军队,而是法律;它通过公开的审判,将日本军事主义分子的滔天罪行记录在案,将日寇在南京的暴行永远地钉在历史的耻辱柱上,昭示后代,永志不忘。     

The Impact of the ICTY Trials on Public Opinion in the Former Yugoslavia

If the impact of the ICTY in the countries of the former Yugoslaviawere to be measured exclusively by the poor public perceptionof the Tribunal that prevails, perhaps the best course of actionwould be to shut its doors without waiting for the end of itsmandate. The author tries, however, to show the more complexand multifaceted nature of the perception of the Tribunal atdifferent levels, in the different countries of the former Yugoslavia,as well as at different moments in time. His conclusion is thatthe ICTY should have done more to improve its image in the region,thereby making it more difficult for the local elites to distortand manipulate its message.     

东京审判与南京大屠杀

Nanjing massacre is undoubtedly an outstanding event that indicates the savage acts of the Japanese soldiers during World War II, and its cruelty shocked the whole world. But up to now, there are still some people in Japan denying this period of history. The Trial by the International Military Tribunal for the Far East (“Tokyo International Tribunal”) puts the monstrous crimes committed by the Japanese militarists in record, nails their violence in Nanjing to the history’s pillar of shame for ever, and declares publicly to the later generations that such violence shall never be forgot. Zhu Wenqi, professor of international law, works at Law School of China Renmin University (since 2002 till now). He got Ph.D in University of Paris II and finished his post-doctor research programs in Europe and USA, and started to work in the China Foreign Ministry as Diplomat and also Legal Advisor (1988). And then, he worked in the International Criminal Tribunal for the Former Yugoslavia as legal assistant of the judges, Legal Advisor and Appeals Counsel of the Officer of the Prosecutor of the Tribunal (1994–2002).     

The Subject-Matter Jurisdiction of the Special Tribunal for Lebanon

The Special Tribunal for Lebanon (STL) represents a sui generisinternational tribunal on various levels. It is the first timea treaty-based Tribunal has been established through a resolutionof the Security Council adopted under Chapter VII. A furtherunique feature is its sole dependence on domestic substantivecrimes. The attempt to include crimes against humanity in theStatute did not succeed, despite the fact that the elementsof a crime against humanity seem to be discernable in the conductthat falls within the jurisdiction of the STL. References tointernational and regional terrorism instruments, such as theArab Convention for the Suppression of Terrorism, were alsoabandoned. The Tribunal will rely on Lebanese criminal provisionsregarding terrorism, illicit associations, crimes and offencesagainst life and personal integrity. Lebanese law provides anold but concrete definition of terrorism. This raises the questionof whether the Lebanese definition, with its strengths and weaknesses,could assist in the evolution of a well-structured definitionof international terrorism. The possibility of ‘internationalizing’the Lebanese definition will depend on two factors: the judges’approach in adopting the Tribunal's rules of evidence and procedure,and then more importantly their creativity in developing thejurisprudence of the Tribunal.     

Families and mountains in the Balkans: Christian and Muslim household structures in the Rhodopes, 19th–20th century

This article investigates household structures and household formation patterns among Orthodox Christians and Muslim Bulgarians in the Rhodope Mountains between 1875 and 1935. The analysis, which is based on the computerized evaluation of household listings as well as on ethnographic sources, reveals obvious differences in the structures of Orthodox and Muslim households. Muslim households were more likely to be complex, whereas among the Orthodox population, nuclear families prevailed. But, despite the different cultural backgrounds and economic activities of the two communities, the underlying structure of their household formations shared also some common features. Christian and Muslim households did not differ with respect to size. The complex households of the Muslims were just a phase in the developmental cycle and rarely included more than two simple families. Among both Christians and Muslims, the village community was more important than descent groups. The Rhodopes therefore do not fit into the pattern of the zadruga (the large, complex family household in the western Balkans). A division appears to have existed between family forms and social network patterns for the eastern and western Balkans. Clearly, generalizations about family structures are difficult because of the great variability of family patterns within the Balkans.     

Revisiting Disclosure Obligations at the ICTR and its Implications for the Rights of the Accused

Disclosure obligations are an important and contentious topicin the International Criminal Tribunal for Rwanda jurisprudencethat directly implicates the right of the accused to a fairtrial. International Criminal Tribunal for Rwanda jurisprudencehas historically favoured disclosure of witness statements underRule 66(A)(ii); however, the possibility of disclosure underRule 68 should also be considered. Due to the practical difficultyfor the defence to obtain witness statements that may be materialto its case, the author argues that the Tribunal should reconsiderthe jurisprudence on the topic of disclosure to work towardsa more equitable disclosure regime under Rule 68.     

The Human Rights Review Tribunal and the rights of health and disability consumers in New Zealand

In New Zealand where there is a statutory bar on the right to sue for compensatory damages arising out of personal injury, and therefore injury arising out of negligent health care, the Human Rights Review Tribunal, in certain circumstances, provides relief for people who are aggrieved by the care they have received from a provider of a health or disability service. That relief may range from a declaration that the provider has breached the Code of Health and Disability Services Consumers' Rights to awards of compensatory and exemplary damages. The article explores the use of this tribunal by the Director of Proceedings of the Office of the Health and Disability Commissioner in holding providers of health and disability services accountable and obtaining relief for consumers and their families.     

The 2005 Revision of the Statute of the Iraqi Special Tribunal

On 9 October 2005, almost unnoticed, the Statute of the IraqiSpecial Tribunal (IST) was amended and the Tribunal was changedinto the Iraqi High Tribunal (IHT). These amendments introducedinto the legal and procedural system of the Tribunal significantchanges that directly impacted upon the functioning of the Tribunalas well as upon some of the most fundamental rights of the defendants.Although statutory amendments are not per se improper, thoseintroduced in the Statute of the Iraqi Tribunal are likely tofurther undermine the credibility of this institution.     

Cooperation Challenges for the Special Tribunal for Lebanon

While the Agreement between the United Nations and Lebanon providesa solid framework for cooperation between the Special Tribunaland Lebanon, Security Council Resolution 1757 (2007) is silenton the duty of third states to assist the Tribunal. As a result,the Special Tribunal will be confronted with a variety of obstaclesand problems in obtaining their cooperation, which may seriouslyhamper its functioning.     

The International Criminal Tribunal for the Former Yugoslavia in 2006: New Developments in International Humanitarian and Criminal Law

The year 2006 proved to be another productive year for the InternationalCriminal Tribunal for the Prosecution of Persons Responsiblefor Serious Violations of International Humanitarian Law Committedin the Territory of the Former Yugoslavia since 1991. This articleexamines the eight judgements rendered by the Tribunal in 2006and highlights the principal developments in international humanitarianand criminal law at the Tribunal.     

The International Crimes Tribunal in Bangladesh and International Law

The International Crimes Tribunal in Bangladesh was re-established in 2010 in order to hold the perpetrators of the 1971 War accountable for international crimes; namely, war crimes, crimes against humanity and genocide. The Trial has already begum to operate and has been dealing with various challenges. The basis of the trial proceedings is the International Crimes (Tribunal) Act 1973. The Parliament of Bangladesh enacted the Act in accordance with international law shortly after the War. This paper assesses the key legal issues that arise from the context of the 1973 Act, and will provide a reflection on trial proceedings in light of international law. It concludes that any initiatives to address the impunity of perpetrators and offer redress to the victims of gross human rights violations should be applauded, while any trial proceedings that do not follow appropriate standards for a fair trial and offer the right of due process should be deprecated.     

Swaying the Hand of Justice: The Internal and External Dynamics of Regime Change at the International Criminal Tribunal for the Former Yugoslavia

This article develops a conflict approach for studying the field of international criminal law. Focusing on the International Criminal Tribunal for the Former Yugoslavia, we draw on Burawoy's (2003 ) elaboration of reflexive ethnography to determine how external political changes affect the work of an international legal institution. We explore how political frameworks of legal liberalism, ad hoc legalism, and legal exceptionalism result in internal office, organizational, and normative changes within this Tribunal, thereby linking national political transformations with the construction of the global. Drawing on rolling field interviews and a two-wave panel survey, we conclude that the claims to universals that underwrite transnational legal fields cannot be understood solely through an analysis of external political forces, but must be combined with attention to how these are refracted through internal organizational change within international institutions.     

Some Innovations in the Statute of the Special Tribunal for Lebanon

The Statute of the Special Tribunal for Lebanon contains severalremarkable innovations. One major novelty is its mandate. Whileits subject matter jurisdiction includes terrorism, this isdefined solely on the basis of Lebanese law. It does not coverany international crime, but exclusively offences defined underthe Lebanese Penal Code. Unusually for a court of internationalcharacter, its activities could be limited to a single case:the attack of 14 February 2005 which killed Rafiq Hariri and22 others; the Special Tribunal will try other cases only ifthey are found to be connected to this attack. As its jurisdictionmirrors the mandate of the UN International Independent InvestigationCommission, the Statute of the Special Tribunal contains originalprovisions regulating its relationship with this body, as wellas with the Lebanese judicial authorities, which enjoy concurrentcompetence. Other important innovations concern the applicableprocedural law, which includes provisions concerning a pre-trialjudge, the role of the judges in conducting the hearings, theparticipation of victims in proceedings, and the possibilityof holding trials in absentia. These latter aspects are allcharacteristic of Romano Germanic criminal systems, and reflectthe intention of the drafters to draw up a more efficient internationalcriminal procedure.     

Power Relations in Employment Disputes

This article reconceptualizes the operation of power relations in employment disputes. We draw on Foucault's theory of neo‐liberal governance to inform our analysis of empirical data exploring how low‐income workers make decisions about whether to engage with the Employment Tribunal system. Particular focus is placed on the ways the state governs employment disputes to achieve ideologically driven objectives. We conclude: first, that power relations in employment disputes operate across a range of institutions and individuals, and that the state's role is powerful and ongoing; secondly, that power relations operate to shape not just the objective context that workers find themselves in when experiencing an employment dispute but also workers' subjective moral codes about appropriate courses of action to take; and thirdly, that despite the powerful influence of the state, workers continue to hold non‐economic values that guide their perception of the appropriate basis for relations between employers and workers.     

The Dunnes payments scandal, Charles Haugheyy and contemporary Irish political culture

This article offers interpretation and commentary regarding the Tribunal of Inquiry (Dunnes Payments) which was established to look into large sums given by Ben Dunne, a leading Irish businessman, to senior Irish politicians, most notably the former Taoiseach, Charles Haughey, and Michael Lowry who was a cabinet minister at the time. The article attempts to place this affair within the general context of contemporary Irish political culture, and the relatively unique, ‘cult of the personality’ personified by Charles Haughey. The article notes that it has been the convention to assume that Irish political culture reflects features commonly associated with the prevalence of traditional and conservative social and political values. The article argues that Irish political culture is now unmistakably in step with the trends observed throughout the European Union, while at the same time acknowledging that certain particular factors still remain distinctive. Despite Haughey's long tenure as the most powerful politician of his day, the privileges accorded by his lofty position alone cannot fully account for his political actions nor, in particular, his dubious ethics in relation to his personal finances. The article considers the contents of the McCracken Tribunal itself and concludes with a brief discussion of the Tribunal findings, the nature of corruption in Irish politics and the corresponding implications for Irish political culture. This revised version was published online in July 2006 with corrections to the Cover Date.     

Courting Rwanda: The Promises and Pitfalls of the ICTR Outreach Programme

This article aims to assess the contribution of the OutreachProgramme at the International Criminal Tribunal for Rwanda(ICTR). The author introduces and discusses two general approachesor models of outreach that international criminal tribunalsmay pursue. The transparency model of outreach seeks to makea tribunal's opaque legal process more visible by disseminatingbasic information about the court to communities recoveringfrom human rights abuses. The engagement model goes beyond onlyinforming these communities by facilitating frequent and extensivetribunal interaction and dialogue through seminars, town hallpresentations, and training of legal professionals. Despitesome progress with limited resources, the efforts of the OutreachProgramme of the ICTR to engage the Rwandan population and tomake the Tribunal more transparent have been ineffective. Thearticle recommends that the ICTR bolster its outreach effortsby helping to train Rwanda's judiciary, appointing more Rwandansto serve in positions of authority at the Tribunal, and engagingdomestic and international non-governmental organizations inoutreach programme partnerships.     

Charting a course through difficult legislative waters: tribunal decisions on life-sustaining measures

Since the enactment in Queensland of the Powers of Attorney Act 1998 (Qld) and the Guardianship and Administration Act 2000 (Qld), a decision can be made to withhold or withdraw life-sustaining medical treatment from an adult who lacks capacity to make such decisions for herself or himself. The Guardianship and Administration Tribunal of Queensland has been asked to consider the law in relation to these decisions on a number of occasions since the legislation was passed. This article explores the relevant provisions of these statutes and some of the difficulties that arise from how they are currently drafted. It also examines how the Guardianship and Administration Tribunal has dealt with applications to withhold or withdraw life-sustaining measures, and suggests a course that might avoid some of the difficulties that are inherent in Queensland's legislative regime.     

The Spanish Constitutional Tribunal's Decision in Guatemalan Generals: Unconditional Universality is Back

On 26 September 2005, the Spanish Constitutional Tribunal reversedthe decisions of the Audiencia Nacional and the High Court (TribunalSupremo) in the case of the Guatemalan Generals. According tothe two judicial bodies, the exercise of universal jurisdictionover international crimes required a link between the crimeor the victims or the offender and Spain, such as the presenceof the offender on Spanish territory or the Spanish nationalityof the victims. The Constitutional Tribunal held, instead, thatthese requirements are contrary to the principle pro actione,i.e. they result in an unjustified restriction of the constitutionalright to effective judicial protection. The Tribunal also clarifiedthat universal jurisdiction, whose aim is fighting impunity,does not require any link other than the universal characterof the values protected by the provisions criminalizing themost serious violations of international law. The presence ofthe accused in Spain is merely a condition for trial, not adistinct ground of jurisdiction; in other words, the accusedmust be in Spain for the trial to begin, but jurisdiction maybe exercised even in his absence, for example for the issuanceof a request for extradition. The only condition to which theexercise of universal jurisdiction is subject is that the stateof the locus commissi delicti is not already investigating andprosecuting the case effectively.     

Constructing Achievement in the International Criminal Tribunal for the Former Yugoslavia (ICTY): A Corpus-Based Critical Discourse Analysis

The International Criminal Tribunal for Yugoslavia (ICTY) was established by the UN Security Council in 1993 to prosecute persons responsible for war crimes committed in the former Yugoslavia during the Balkan wars. As the first international war crimes tribunal since the Nuremburg and Tokyo tribunals set up after WWII, the ICTY has attracted immense interest among legal scholars since its inception, but has failed to garner the same level of attention from researchers in other disciplines, notably linguistics. This represents a significant research gap, as the Tribunal’s public discourse (notably its case law and Annual Reports) can open up interesting avenues of analysis to researchers of law, language, and legal discourse alike. On its official website, the Tribunal claims that it has “irreversibly changed the landscape of international humanitarian law” and lists six specific achievements: “Holding leaders accountable; bringing justice to victims; giving victims a voice; establishing the facts; developing international law and strengthening the rule of the law”. While a number of legal scholars have studied and critiqued the level of ‘achievement’ actually attained by the Tribunal against these metrics and others, of interest to linguists is the ways in which this work might be conveyed discursively. In this paper, we demonstrate how methods from the linguistic field of corpus-based critical discourse analysis can be utilised to explore the discursive construction of such achievements in the language of the ICTY.