Editorial

Netherlands International Law Review -     

A Bayesian approach for interpreting shoemark evidence in forensic casework: accounting for wear features

Shoemark evidence remains a cornerstone of forensic crime investigation. Shoemarks can be used at a crime scene to reconstruct the course of events; they can be used as forensic intelligence tool to establish links between crime scenes; and when control material is available, used to help infer the participation of given individuals to the commission of a crime. Nevertheless, as for most other impression evidence, the current process used to evaluate and report the weight of shoemark evidence is under extreme scrutiny. Building on previous research, this paper proposes a model to evaluate shoemark evidence in a more transparent manner. The model is currently limited to sole pattern and wear characteristics. It does not account formally for cuts and other accidental damages. Furthermore, it requires the acquisition of relevant shoemark datasets and the development of automated comparison algorithms to deploy its full benefits. These are not currently available. Instead, we demonstrate, using casework examples, that a pragmatic consideration of the various variables of the model allows us to already evaluate shoemark evidence in a more transparent way and therefore begin to address the current scientific and legal concerns.     

Ascertaining Customary International Law: An Inquiry into the Methods Used by Domestic Courts

Netherlands International Law Review - Based on analysis of a large number of recent domestic court cases on matters of customary international law (2000–2014), this article demonstrates...     

In Vitro Effects of Household Products on Calliphoridae Larvae Development: Implication for Forensic Entomology

Several parameters can delay the first arrival of flies on a corpse and the subsequent development of the larvae. This study focuses on the development of Lucilia sericata (Diptera: Calliphoridae) (Meigen, 1826) on household chemical‐contaminated substrates. bleach, perfume, hydrochloric acid, caustic soda, insecticide, mosquito repellent, and gasoline in quantities consistent with an amount that could possibly be spilled on a corpse were mixed with beef liver to simulate contaminated fleshes. Larvae were bred at 25°C on these media until emergence. Four developmental parameters were followed: survival rates, development times, sex ratios, and adult sizes. Hydrochloric acid, insecticide, and gasoline killed all larvae. In low quantities, caustic soda and mosquito repellent increased the development time and decreased the adult size. However, high quantities of these chemicals killed all larvae. Lastly, bleach and perfume did not affect the survival rate and barely impacted the development time or adult size. These results demonstrate common household products spilled on a corpse can strongly affect the development of Calliphoridae larvae. The effects of such products should be considered in forensic entomology cases.     

Computation of likelihood ratios in fingerprint identification for configurations of three minutiae

Recent challenges to fingerprint evidence have brought forward the need for peer-reviewed scientific publications to support the evidential value assessment of fingerprint. This paper proposes some research directions to gather statistical knowledge of the within-source and between-sources variability of configurations of three minutiae on fingermarks and fingerprints. This paper proposes the use of the likelihood ratio (LR) approach to assess the value of fingerprint evidence. The model explores the statistical contribution of configurations of three minutiae using Tippett plots and related measures to assess the quality of the system. Features vectors used for statistical analysis have been obtained following a preprocessing step based on Gabor filtering and image processing to extract minutia position, type, and direction. Spatial relationships have been coded using Delaunay triangulation. The metric, used to assess similarity between two feature vectors is based on an Euclidean distance measure. The within-source variability has been estimated using a sample of 216 fingerprints from four fingers (two donors). Between-sources variability takes advantage of a database of 818 ulnar loops from randomly selected males. The results show that the data-driven approach adopted here is robust. The magnitude of LRs obtained under the prosecution and defense propositions stresses upon the major evidential contribution that small portions of fingermark, containing three minutiae, can provide regardless of its position on the general pattern.     

Consensus on validation of forensic voice comparison

Since the 1960s, there have been calls for forensic voice comparison to be empirically validated under casework conditions. Since around 2000, there have been an increasing number of researchers and practitioners who conduct forensic-voice-comparison research and casework within the likelihood-ratio framework. In recent years, this community of researchers and practitioners has made substantial progress toward validation under casework conditions becoming a standard part of practice: Procedures for conducting validation have been developed, along with graphics and metrics for representing the results, and an increasing number of papers are being published that include empirical validation of forensic-voice-comparison systems under conditions reflecting casework conditions. An outstanding question, however, is: In the context of a case, given the results of an empirical validation of a forensic-voice-comparison system, how can one decide whether the system is good enough for its output to be used in court? This paper provides a statement of consensus developed in response to this question. Contributors included individuals who had knowledge and experience of validating forensic-voice-comparison systems in research and/or casework contexts, and individuals who had actually presented validation results to courts. They also included individuals who could bring a legal perspective on these matters, and individuals with knowledge and experience of validation in forensic science more broadly. We provide recommendations on what practitioners should do when conducting evaluations and validations, and what they should present to the court. Although our focus is explicitly on forensic voice comparison, we hope that this contribution will be of interest to an audience concerned with validation in forensic science more broadly. Although not written specifically for a legal audience, we hope that this contribution will still be of interest to lawyers.     

Peacekeepers Facilitating Human Rights Violations: The Liability of the Dutch State in the Mothers of Srebrenica Cases

This article provides a critical reading of the judgments of The Hague District Court and especially The Hague Court of Appeal in the case of Mothers of Srebrenica v. the State of the Netherlands, which concerned the liability in tort of the Dutch State for facilitating the massacre of Bosnian Muslims in 1995. It engages with the courts’ considerations regarding the attribution of conduct to the State in UN peacekeeping operations, the extraterritorial application of human rights treaties, the State obligation to prevent genocide, and the State’s liability for damages. While not fully agreeing with the courts’ argumentation, the author concludes that the judgments contribute to the refinement of the law and practice of State responsibility in respect of wrongful acts committed in complex multinational peace operations.

     

The impact of Illicit Financial Flows on the South African political economy under Jacob Zuma, 2009–2018

South Africa has also fallen a victim of a greater major concern over the scale and negative impact of Illicit Financial Flows (IFFs) on the country's governance and developmental agenda. However, there is an unjustified observation that as one of Africa's biggest economies, South Africa is not a victim of IFFs. This observation shows that scholars and academic practitioners have not yet uniformly come to a cul‐de‐sac on this subject, and as such, this confusion constitutes a huge dichotomy on the subject matter. Based on Afrocentricity as the alternative lens, this article argues that there are after effects of the practice of IFFs in South Africa and that IFFs need to be given a special attention in order to curb them from destabilising South Africa's economic and political stability. Although this article discusses IFFs in general and how they come about, the central focus of this article is to unpack the impacts of IFFs under the Zuma administration and provide possible solutions. Methodically, this article relied on the prevailing continental and South African discourse circulating and thematic content analysis on conversations.     

Developing an index of EX-POST parliamentary oversight of public finance

For the past decade, scholars and practitioners have developed indexes to measure both legislative powers in general, and of the legislative power of the purse, in particular. Initial focus was on the development of a comprehensive index of legislative powers, and on assessing the ex-ante role of the legislature in the budget process.

This article substantially deepens extends previous research on ex-post oversight, by developing a more comprehensive index to measure ex-post oversight, by using more up-to-date data bases and by including more countries. We can partially confirm the emerging consensus that ex-post budget oversight is stronger in parliamentary – and especially Westminster – systems than in countries with other forms of government, thereby somewhat offsetting the previously identified weaknesses of Westminster parliaments in budget formulation.

When used in combination Wehner’s [2006. Assessing the power of the purse: An index of legislative budget institutions. Political Studies, 54, 767–785] index of ex-ante legislative oversight, this index provides a comprehensive picture of legislative power of the purse regarding the budget process.     

Accountability for Corporate Human Rights Abuses: Lessons from the Possible Exercise of Dutch National Criminal Jurisdiction over Multinational Corporations

In the implementation of the UN Guiding Principles on Business and Human Rights, little emphasis has been put on the criminal law as a mechanism to hold corporations to account. From a doctrinal perspective, the main stumbling block for a more intensive use of the criminal law appears to be how to establish jurisdiction and liability with regard to corporate involvement in human rights violations in transnational supply-chains. On closer inspection, however, domestic criminal law offers surprising, although largely untested opportunities in this respect. Criminal liability could notably be based on violations of a corporate duty of care violation, whereas jurisdiction could, relatively non-controversially, be grounded on the principles of territoriality, nationality, and universality. The Dutch criminal law system is used as a case-study in this article.