The Duty to Bring Terrorists to Justice and Discretionary Prosecution

In Res. 1373 (2001), the Security Council laid down the dutyto bring terrorists to justice and to deny them safe haven.Whereas such duty expressed a clear political imperative inthe aftermath of 11 September 2001, it is less clear how nationalauthorities are supposed to translate it into a set of enforceablelegal obligations. If it is interpreted as ‘obliging’states to prosecute and try terrorists, as the Security CouncilCounter Terrorism Committee seems to suggest, the power of prosecutorsto decide whether or not to bring a case to court may be severelyimpaired. An unconditional obligation to bring terrorists tocourt would not necessarily strengthen states’ judicialresponse to the threat of international terrorism. A sensibleexercise of prosecutorial discretion may be instrumental inarticulating a flexible and more effective response in variouscircumstances. Moreover, a rigid interpretation of the requirementto bring terrorists to justice does not find support in SecurityCouncil and General Assembly resolutions on terrorism. Far frommandating that alleged offenders be unconditionally broughtto trial, the universal counter-terrorism conventions and protocolslimit themselves to requiring that the jurisdiction of nationalcourts be established, which is conceptually different fromimposing its actual exercise.     

Dental amalgam and mercury levels in autopsy tissues: food for thought

Eighteen cadavers from routine autopsy casework were subject to a study of tissue levels of total mercury in brain, thyroid, and kidney samples by atomic absorption. On these same cadavers, all dental amalgam fillings (the most important source of inorganic mercury exposure in the general population, according to the World Health Organization (WHO) were charted. Total mercury levels were significantly higher in subjects with a greater number of occlusal amalgam surfaces (>12) compared with those with fewer occlusal amalgams (0-3) in all types of tissue (all P < or = 0.04). Mercury levels were significantly higher in brain tissues compared with thyroid and kidney tissues in subjects with more than 12 occlusal amalgam fillings (all P < or = 0.01) but not in subjects with 3 or less occlusal amalgams (all P > or = 0.07).     

HLA-DQA1 allele and genotype frequencies in a northern Italian population.

HLA-DQA1 typing of 227 randomly selected Northern Italian people by the use of polymerase chain reaction are reported. The combined use of commercial Amplitype HLA-DQalpha system and four sequence-specific oligonucleotide probes allows the definition of 8 alleles and 36 genotypes, arranged according to World Health Organisation nomenclature. Seven of these genotypes are not observed among the analyzed samples. Allele frequencies range from 1.5 to 35.7% and genotype observations do not deviate significantly from Hardy-Weinberg equilibrium; observed heterozygosity is 0.8238 with an allelic diversity value of 0.79 and the power of discrimination is 0.925. Our Italian population sample shows differences from other Caucasian samples both for allele and genotype frequencies. This locus typing for the 8 defined alleles provides a rapid and sensitive method in individual identification and paternity investigation.     

Forensic Entomology and the Estimation of the Minimum Time Since Death in Indoor Cases

Eight cases that occurred indoors in which the insects played an important role in the mPMI estimation are presented. The bodies of socially isolated people and old people living alone were discovered in central Italy between June and November. mPMI ranged from a few days to several weeks. Insects were collected during the body recovery and the postmortem. Climatic data were obtained from the closest meteorological stations and from measurements performed on the site. Sarcophagidae and Calliphoridae species were present in 75% of the cases with Lucilia sericata and Chrysomya albiceps collected in 50% of the cases. Chrysomya albiceps was always found in association with Lucilia species. Scuttle flies (Phoridae) were found in 37.5% of the cases, confirming the ability of these species in indoor body colonization. We show that if sealed environment may delay, the insect arrival dirty houses may create the environment where sarcosaprophagous insects are already present.     

New alliances,governance of the international system and Italy's Foreign policy choices

The EU and the US, mainly through NATO, have been successful in securing peace and prosperity in Europe during the Cold War and in promoting peace beyond Europe after 1990. With the emergence of new powers and the rise of multipolarity, however, it is no longer apparent that transatlantic relations are indispensable and ways must be found to make sure that the relationship remains relevant. The EU and the US currently relate poorly to each other and as a result do not obtain the best possible outcome from their combined resources. Two elements are key to improving transatlantic relations: an inclusive policy towards Turkey (in the strategic interests of both the EU and the US); and more permanent and workable structures suited to the realities of the 21st century.     

Political factors affecting cooperation between Italy,Greece and Turkey

The rise of political Islam in the EU's southern neighbourhood represents a political as well as conceptual challenge to the EU as a foreign policy actor. In the past, the EU reacted to this challenge based on its essentialist perception of political Islam and its overarching interest in regional stability and security. However, the growing salience of ‘contingencist’ interpretations of political Islam and the resolution of the EU's democratisation-stabilisation dilemma in the wake of the Arab Spring have recently provided an opportunity for greater engagement and cooperation. This has enabled a switch in EU policies from a strategy of containment to a strategy of engagement. Despite this, problems remain as the EU continues to expect Islamist actors to adjust to its own discursive framework and as intra-European divisions revive as a result of the renewal of secular-religious divisions in the neighbourhood. This will complicate EU attempts to build a new partnership with Islamist democracies and will fuel old stereotypes and animosities.     

Tax decentralization and local government size

This paper investigates the relationship between fiscal federalism and the sizes of local governments. While many empirical studies emphasized that grants encourage the growth of local public spending and local taxes constrain it, they are more silent regarding the effects of different types of tax autonomy. The paper addresses this issue by arguing that tax decentralization as organized on tax bases used only by local governments (tax-separation), rather than on tax-base sharing, would restrain local public expenditures. Using an unbalanced panel of OECD countries, the key finding is that only property taxes—mostly based on a “tax-separation” scheme—seem to favor smaller local governments. Thus, while tax decentralization is a necessary condition for limiting the growth of local governments, it does not appear sufficient, as tax-separation schemes among government levels would in fact be required.     

Forensic Paleontology: A Tool for “Intelligence” and Investigation

Paleontology and facies analysis proved to be useful tools in activities of intelligence and investigation on some criminal cases, as well as in in‐court activities, thus defining the “forensic paleontology” area of study. The definition was given by analyzing its possible specific applications and excluding some marginal activities. The reliability of forensic paleontology was then assessed in light of the results achieved in some actual cases and in an ad hoc simulation. The investigated cases concerned intelligence and ordinary law enforcement activities. Special attention was paid to crimes against the cultural heritage. Ex post re‐examination of the cases substantiated the value of this scientific branch in investigations, while stressing the possible difficulties in explaining its results to lay persons. Therefore, careful preparation of technical and linguistic preliminary notes for judges, prosecutors, and lawyers as well as a special training for consultants are recommended before presenting results as exhibits in in‐court cross‐examinations.     

Crossing the boundary: Peasants,shepherds, and servants in a western Alpine community

In the historical and anthropological literature, western Alps servants were widely assumed to be few in number, and the importance of the institution of service therefore negligible. This study combines historical-demographic and ethnographic methods to investigate whether this was true of a community in the Italian western Alps with a mixed population of peasants and transhumant shepherds. Surprisingly, a valuable 1951 census reveals that seemingly small numbers hide what was actually a normal phase in the life course of peasant sons whom shepherds recruited to work as servants. Distinct patterns of life-cycle and lifetime service seem to have coexisted in the same community. The evidence also confirms that in southern Europe, as some recent studies have pointed out, the institution of service often was not just the circulation of young men and women between households but an asymmetrical exchange between different socioeconomic groups. Otherwise rigid social and cultural boundaries were thereby crossed.