On the Use of Criminal Law Notions in Determining State Responsibility for Genocide

On the face of it the 1948 Convention on Genocide appears tobe a treaty that on the one hand obliges contracting statesto criminalize and punish genocide in their domestic legal systemsand, on the other, arranges for interstate judicial cooperationfor the repression of genocide. The International Court of Justice(ICJ), in the Bosnia v. Serbia judgment, has instead held thatthe Convention, in addition to providing for the criminal liabilityof individuals, also imposes on contracting states as internationalsubjects a set of obligations (to refrain from engaging in genocide,to prevent and punish the crime, and also to refrain for allthose categories of conduct enumerated in Article III: conspiracy,incitement, attempt, complicity). This approach raises two questions:(i) is it warranted so to broaden states' responsibility? (ii)when applying such Article III categories to state responsibility,should an international court such as the ICJ that pronounceson interstate disputes rely upon criminal law categories toestablish whether a state incurs responsibility for conspiracy,complicity, and so on? Or should it instead forge autonomouslegal categories better suited to state responsibility? Theauthor sets forth doubts about whether it is appropriate totranspose criminal law categories to the corpus of internationallaw of state responsibility. In particular, his misgivings relateto the category of ‘state complicity in genocide’as set out by the Court: once the Court decided to transplantthis criminal law category to state responsibility, arguablyit should have relied upon the rigorous concept of complicity,as derived by international criminal courts from case law andthe relevant practice of states, rather than apply a notionthat finds no basis in international criminal law, in comparativecriminal law or in state practice.     

Y-STRs in forensic medicine: DNA analysis in semen samples of azoospermic individuals

ABSTRACT: The incidence of rape has increased, especially in metropolitan areas, such as the city of São Paulo. In Brazil, studies about it have shown that the majority of this type of crime is committed by the relatives and persons close to the victim. This has made the crime more difficult to be denounced, as only 10% of the cases are reported to competent police authorities. Usually, cytological exams are carried out in sex crime investigations. The difficulty in showing the presence of spermatozoa is frequent, but it does not exclude the presence of male DNA. The absence of spermatozoa in material collected from rape victims can be due to several factors, including the fact that the agressor suffers from azoospermia. This condition can be the result of a successful vasectomy. As the majority of DNA in the ejaculation sample is from spermatozoa, there is much less DNA to be analyzed. This study presents the application of Y‐STRs (DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, and DYS393) in DNA analysis of sperm samples from 105 vasectomized men. The study demonstrated a great variation in DNA concentration. DNA extraction and amplification was possible in all sperm samples even in the absence of spermatozoa. The same profile was observed, for each individual, from DNA extracted from blood, pre‐ and postvasectomy semen samples. The use of markers specific for Y chromosome in sex crime cases, especially in the absence of spermatozoa, is very important, mainly because in most situations there is a small quantity of the agressor's DNA in the medium and a large quantity of the victim's DNA.     

Genetic study of 15 STRs loci of Identifiler system in Angola population

Angola is located in the African continent, in the area of southern Africa and has a population of approximately 14 million inhabitants. The Angola population has origin from Occidental and Southern Bantu people that came from the great lakes region, creating the most ever known African migration of our days.Allele frequencies for the 15 STRs loci in the AmpFlSTR Identifiler kit (D8S1179, D21S11, D7S820, CSF1PO, D3S1358, HUMTH01, D13S317, D16S539, D2S1338, D19S433, HUMVWA, TPOX, D18S51, D5S818, HUMFIBRA/FGA and including the segment of the X-Y homologous gene amelogenin) were studied for Angola population.The genotype frequency of the 15 STR loci showed no significant deviations from Hardy–Weinberg equilibrium expectations and great values for the combined power of discrimination and combined power of a priori exclusion validate the application of these markers in forensic genetics. Comparative analyses between Angola population data and other relevant population database from Africa, Europe and American are presented.     

Access to justice and human rights in Afghanistan

In anthropological and legal literature, the phenomenon termed ‘legal pluralism’ has been interpreted as a co-presence of legal orders which act in relation to their own ‘levels’ of referring ‘fields’. The Afghan normative network is generally described in terms of pluralism, where different normative systems such as customs, shari’a (Islamic law), state laws and principles deriving from international standard of law (e.g., human rights) coexist. In order to address the crucial question of access to justice, in this article, I stress the category of legal pluralism by introducing the hypothesis of an inaccessible normative pluralism as a key concept to capture the structural injustices of which Afghans are victims. Access to justice can be considered a foundational element of every legal project. Globally, the debates concerning the diffusion and application of human rights develop at the same time ideologically, politically, and pragmatically. Today in Afghanistan, these levels are expressed in all their complexity and ambivalence. It is therefore particularly significant to closely observe the work done by the Afghanistan Independent Human Rights Commission and to discuss the issue of human rights by starting from a reflection on what might be defined a socio-normative condition of inaccessibility.     

Criminal Liability of Directors of a Private Limited Company Seated in Germany

During the last decade, a great number of German businesses formed private limited companies by shares in England and transferred the company’s real seat to Germany in order to avoid the minimum capital rules for the German limited liability company. The discrepancy between the place of registration and the real seat leads to questions about the criminal liability of company directors under English and German law. This article shows that English courts have jurisdiction over certain offences regardless of the place the director acted. In particular, he may be convicted for failing to comply with statutory duties under the Companies Act 2006 as well as false accounting or false statements under Theft Act 1968 ss. 17, 19. With respect to German law, the company law reform of 2008 explicitly imposed the duty to file for insolvency on directors of foreign corporations. Also, the criminal offence for failing to file for insolvency in § 15a (4) of the Insolvency Code is compatible with the freedom of establishment under European law. If the director causes a financial loss to the company by breaching his director’s duties, he may be convicted for breach of trust under § 266 of the Criminal Code regardless of the fact that the relevant duties are regulated by English law. The German Federal Supreme Court recently held that recourse to English company law in order to establish a criminal breach of trust does not violate the principle of legal certainty in Article 103 (2) of the Basic Law. Furthermore, German bankruptcy offences may apply if the director violates the authoritative English accounting standards.     

Hedging in search of a new age of non-alignment: Myanmar between China and the USA

Abstract

The American ‘return’ to East Asia is currently characterized by a particularly high degree of competition with Beijing among the small and medium powers of Southeast Asia, where the recent Chinese ‘charm offensive’ achieved its most significant outcomes.

This article, hence, aims to explore the nature and patters of this ongoing process of strategic repositioning put into practice by Myanmar within the political triangle with Washington and Beijing. Against this backdrop, we will draw upon the conceptualization of ‘hedging strategy’, which identifies a set of multidimensional ‘insurance policies’ adopted by small actors in their relations vis-à-vis great powers.     

Consensus Among Public Managers as Strategy for Standardization of Performance Indicators

ABSTRACT

The usefulness of performance indicators increases when organizations compare their data. However, most discussions have failed to emphasize two lines of action that could improve the relevance of such comparisons: a) agreement among service managers on the indicators to be used in the evaluation; b) homogenization of the indicators to be used by organizations, and of the process used to calculate them. In this context, this paper proposes a methodology based on the participation of and consensus among managers, which helps to standardize the construction and presentation of performance indicators. The aim of this proposal is to improve the comparative evaluation of organizations. Finally, in order to test the proposal, a practical application is carried out on the local culture departments of nine large municipalities in southern Spain.     

Determinants of Financial Transparency in Government

ABSTRACT

The search for enhanced transparency and accountability in government organizations has inspired studies to identify the key factors that facilitate greater disclosure of public financial information. With the advantages provided by the meta-analysis technique, applied to a sample of studies, we identify the most significant factors and incentives underlying the decisions adopted by public managers on policy strategies regarding information transparency and public responsibility. Our study shows the variables analyzed to be positively associated with the disclosure of public financial information, but also that this depends on the context in which the research is carried out. The most influential variables were the moderator variables of the administrative culture and of the measurement unit for the variables.