Universal Jurisdiction Meets Complementarity: An Approach towards a Desirable Future Codification of Horizontal Complementarity between the Member States of the International Criminal Court

This paper will propose a first draft provision concerning horizontal complementarity between the member states of the ICC. Firstly, the idea of subsidiary universal jurisdiction will be introduced. At its heart, the work will bring the concepts of vertical complementarity and subsidiary universal jurisdiction into relation to define a desirable future codification of horizontal complementarity. The author will focus on the following seven issues that have to be addressed during the drafting of such codification: The relationship between the actors; the legal qualification of horizontal complementarity; the underlying idea and ratio behind the concept; a positive or negative determination of complementarity; the definition of horizontal complementarity; the question who the final arbiter of a determination should be; the matter of compliance with decisions. It will be seen that Art 17 ICC Statute can serve as a useful basis of this codification but that the special relationships on the inter-state level will inevitably lead to some deviating requirements of this principle.     

Can you keep a secret? Introducing the RT-based Concealed Information Test to children

The present study validates a novel version of the Reaction time-based Concealed Information Test (RT-CIT) adapted for young children (7–10 years). Their ability to deny the possession of relevant information was related to individual differences in intelligence, processing speed, executive functioning and affective problems. The comparison between the knowledgeable group of children (N = 84) who took part in a mock surprise scenario and the unknowledgeable group (N = 78) indicated that by early school-age the RT-CIT can be considered a relatively reliable diagnostic tool for detecting concealed information. We found evidence indicating that executive functions are predictors of children's proficiency in concealing information; however, the specific interrelations were complex (children with lower inhibition and spatial working memory, but with better shifting performance were easier to detect as possessing concealed information). Finally, we found limited evidence for a substantial association between parent-reported emotional problems and children's proficiency in concealing information. This investigation has practical implications for the development of rigorous protocols to detect children's concealed knowledge within legal environments.     

True and false memories in middle childhood: the relationship with cognitive functioning

This study was designed to investigate developmental changes in true and false memories and to detect links among them in middle childhood. Participants were 372 Italian children (from 6 to 11 years, 174 males) divided into two age groups. After hearing a story, children provided a free-recall and their true and false retrieved information was measured. Then children were repeatedly asked some true and misleading questions about the story and their cued-recall and interrogative suggestibility were measured. Finally, children again recalled the story to assess the post-event misinformation effect of the suggested information. Individual differences in fluid intelligence, working memory and executive functions were also assessed to investigate their relationships with true and false memories. Typical age effects were found in memory recall and interrogative suggestibility. Interesting links among true, spontaneous and suggested false memories were found. Finally, analyses did not reveal the existence of a relationship between suggestibility and cognitive functioning.     

Giving credit when credit is due: credit giving to the president in the United States Congress

How do members of the US Congress give credit when credit is due for political achievements? Focusing on an important credit giving scenario – credit giving to the president of the United States – this research suggests that credit giving is a form of non-roll call position taking and members give credit in a way that is reflective of individual, institutional, and constituency factors. Using an original data set composed of the official congressional statements concerning the death of Osama bin Laden, findings suggest the proximate decision to issue a statement is related to individual and institutional factors. Within the issued statements, however, credit giving is primarily driven by presidential popularity in the constituency. In addition to being less predictable in their credit giving behaviour, members of the Senate are less likely to give credit than their colleagues in the House of Representatives. Finally, Republican women in the House of Representatives are less likely to give the president credit than other members.     

Explaining interest group access to parliamentary committees

This article explains why parliamentary groups invite interest groups to the parliamentary arena. It argues that interest groups’ access to committees not only reflects policy-makers’ need for information and expertise but also party preferences and institutional factors such as the type of government, parliamentary committee structure and committee agenda capacity. Results show that interest groups’ access to the parliamentary arena increases under minority governments, in the case of highly conflictual issues, and when the number of permanent committees increases. Also, results demonstrate that parliamentary groups invite interest organisations following different logics – problem-solving or confrontation logic – depending on the type of functions they have to perform – legislative and oversight activities. The article uses a novel, comprehensive database with information on the appearances of all interest groups in the Spanish parliament from 1996 to 2015.     

National security and surveillance: the public impact of the GCSB Amendment Bill and the Snowden revelations in New Zealand

Abstract

In New Zealand, Edward Snowden’s revelations about the extraordinary scope of the National Security Agency’s surveillance capabilities and the facilitating role of the Five Eyes alliance converged with increasing public concerns about the Government Communications Security Bureau Amendment and Related Legislation Bill in 2013. This generated an intense and sustained debate in the country about surveillance policy. It was a debate in which Prime Minister John Key has featured prominently. While apparently unable to clearly refute Snowden’s claims concerning mass surveillance in New Zealand, Key’s vigorous public interventions helped counter the short-term political and diplomatic fallout. However, the long-term impact of public concerns over the surveillance policies of the Key government may be much harder to predict in what is an intimate democracy, and the prospect of substantial political blowback cannot be ruled out.     

Barriers to prosperity: the harmful impact of entry regulations on income inequality

Public Choice - Entry regulations, including fees, permits and licenses, can make it prohibitively difficult for low-income individuals to establish footholds in many industries, even at the...     

Observers’ Real-Time Sensitivity to Deception in Naturalistic Interviews

This study tested the ability of experienced interviewers and novice observers to detect deception while watching mock interviews featuring experimental or control questioning methods and different detainee languages. The protocol featured a complex, realistic critical event and naturalistic interviews in which mock detainees could report unconstrained. Experimenters recorded these interviews and presented them to observers who judged veracity in real time. In general, experienced interviewers were no more sensitive to deception than were novices and both groups set conservative response criteria. Observers were more sensitive to deception when viewing control versus experimental questioning methods. Observers were more sensitive to deception when viewing Arabic speakers interviewed through an interpreter. Results imply that not all trained interviewers exhibit a lie bias; additional research should examine how best to transition lab-tested interview methods into the field, and language and interpreter factors may impact the ability to assess veracity in multiple ways.     

Exploring the Intersection of Theory and Practice of Arts for Peacebuilding

A rising number of public and nongovernmental organisation (NGO) leaders are employing the arts in efforts aimed at encouraging social change. Meanwhile, scholars have offered a number of theories concerning the character of political agency and its exercise, and contended that effective use of the arts may result in individual and group epistemic change. Far fewer analysts, however, have married such theorisations of aesthetics with empirical investigations of how professionals actually use the arts to promote such shifts. This article addresses this concern by studying the strategies adopted by two international nongovernmental organisations (INGOs), American Voices and Bond Street Theatre, that have worked to encourage peace through music and theatre-making in light of changing conceptions of agency and the power of aesthetics to stimulate its exercise. We outline the approaches these NGOs adopt to do so and the mechanisms by which their leaders believe their work catalyses changes in values at the individual and community levels. We argue that understanding these dynamics more thoroughly and in light of conceptions of agency and aesthetics leads to a stronger theorisation of whether and how arts-based peacebuilding efforts can lead to sustainable community cultural change.