Quest for freedom: The United States and India's independence

Abstract

In an attempt to publish some reviews sooner after material comes out, the Bulletin of Concerned Asian Scholars has added this section of short reviews of individual books, movies, TV series, and so on. For more information about short reviews as well as review essays, see the introduction to the list of books to review on p. 92 of this issue.     

International criminal justice: reflections on the past and the future

While Nuremberg constitutes a watershed in the evolution of international law with its establishment of the fundamental principle of individual criminal responsibility under international law it has not left much else by way of precedent for the subsequent international criminal tribunals. The adoption of UN Security Council Resolution 827 establishing the International Criminal Tribunal for the Former Yugoslavia, and Resolution 955 (1994) establishing the International Criminal Tribunal for Rwanda, set the groundwork for a new model of hybrid tribunals, with the establishment of the Special Court for Sierra Leone in 2002, the Extraordinary Chambers in the Courts of Cambodia in 2006, and the Special Tribunal for Lebanon in 2007. Perhaps one of the greatest legacies of these ad hoc and hybrid courts and tribunals has been paving the way for the establishment of a permanent international criminal court. However, they have also brought about the development of international criminal law through judicial interpretation, elaborating, inter alia, the elements of the crime of genocide as detailed in the 1948 Genocide Convention, the judicial recognition of the concept of joint criminal enterprise and the principle that national arrangements for amnesties in respect of international crimes are no bar to prosecution for such crimes at an international tribunal. In view of the completion strategies of the ad hoc Tribunals, as well as of the SCSL, this article delves into some of their legacies and outlines some of the difficulties and challenges they have faced, while identifying areas of best practice in order for the newly‐operational International Criminal Court to avoid repeating the mistakes of the past or even reinventing new wheels.     

The Future of Chemical Weapons: Implications from the Syrian Civil War

Abstract

With chemical weapons (CW) use in Syria raising questions about the health of the CW norm, this article analyzes whether the Syrian case will lead to further proliferation and use of chemical weapons by states. We examine the use of chemical weapons at Ghouta in 2013 and on the Hama Plains in 2014 and find that: first, chemical weapons have demonstrated limited military utility in Syria, either tactically or as a tool of civilian victimization; second, the costs of use have been repeatedly demonstrated by the international reaction to their use; and third, the use of sarin—a nerve agent—has attracted a stronger international response than the use of chlorine, a less lethal agent. Consequently, we conclude that the Syrian case is unlikely to lead to significant proliferation and use of chemical weapons; any that does occur is most likely to involve states already outside the CW norm.     

Incidental findings in CT colonography: literature review and survey of current research practice

Incidental findings (IFs) of potential medical significance are seen in approximately 5-8 percent of asymptomatic subjects and 16 percent of symptomatic subjects participating in large computed tomography (CT) colonography (CTC) studies, with the incidence varying further by CT acquisition technique. While most CTC research programs have a well-defined plan to detect and disclose IFs, such plans are largely communicated only verbally. Written consent documents should also inform subjects of how IFs of potential medical significance will be detected and reported in CTC research studies.     

‘Strong nets catch fish’: promoting pro-poor partnerships in Bangladesh

This article describes the experiences of a small Bangladeshi NGO in using actor-oriented tools to focus on key people and partnerships in project planning, monitoring, and evaluation. The approach has helped to identify interventions that are context-specific, building on key local actors and indigenous networks, and sensitive to the constraints experienced by the poorest. As a result, the NGO has moved away from an externally driven agenda, to become a more thoughtful and responsive organisation. In developing the approach, the NGO encountered some problems due to the political sensitivity concerning the representation of linkages. This underlines the importance of using these tools in a politically aware, positive, and reflective way.     

Parting the ivory curtain: understanding how universities support a diverse set of startups

Universities are widely recognized as a critical source of technological innovation and are heralded for the entrepreneurial ventures cultivated within their walls. To date, most research has focused on academic entrepreneurship—new ventures that spin out of academic laboratories. However, universities also give rise to startups that do not directly exploit knowledge generated within academic laboratories. Such firms—and the societal and economic benefits they create—are an important contribution of modern universities. We propose a framework for understanding the full scope of university entrepreneurship and its driving factors, with the goal of providing scholars, university administrators, and policymakers with insights regarding the resources required to foster entrepreneurship from within the ivory tower.