What the ICJ did not say about the Duty to Punish Genocide: The Missing Pieces in a Puzzle

The article focuses on the legal implications of the constructionof the International Court of Justice (ICJ or the Court) ofthe duty to punish genocide under Article VI of the Conventionon the Prevention and Punishment of the Crime of Genocide inthe Bosnia and Herzegovina v. Serbia and Montenegro judgment.It posits that the Court's discussion of the duty to punishis satisfying in terms of what it says and less satisfying interms of what it is silent about. It is satisfying in the sensethat the Court's construction of the duty to cooperate withinternational tribunals prosecuting genocide as including aduty of extradition, seems to extend beyond the plain languageof the Convention and indeed beyond the parties’ originalintent. It is not fully satisfying because the duty to prosecuteremains quite limited. It is further argued that the obligationto punish genocide as established in Article I and the obligationto prosecute genocide as established in Article VI should beunderstood as two distinct obligations. Article VI merely setsthe institutional arrangements for prosecution. Other normativesources support the conclusion that a general duty to prosecuteperpetrators of genocide or extradite them for prosecution elsewhereapplies even in those cases where the offence was not committedin the territory of a contracting state or when the offenderis prosecuted by an international court that has jurisdictionover the state where the alleged perpetrator is found.     

In Person

Miri Frankel is Manager, Legal Affairs, with The Beanstalk Group,which develops and manages turn-key, strategic global licensingprogrammes on behalf of owners of famous brands and trade marks.Beanstalk's clients include Harley–Davidson, Jim Beam,Jack Daniels, Shell and Volvo. Miri, a New Yorker, holds degreesfrom New York University and     

Spousal Violence Among Immigrants from the Former Soviet Union—General Population and Welfare Recipients

This study examines psychological and marital risk factors of 322 immigrant FSU couples in Israel. The research focuses on two populations: the general immigrant population and the welfare immigrant population; the latter group is comprised of couples treated in welfare service departments. The dependent variable is spousal violence. The independent variables are: education level, gender, symbolic loss, psychological adjustment (both positive and negative emotions) and the “cultural–familial gap”. Surprisingly, it was found that the welfare immigrant population reports less spousal violence than the regular immigrant population. In addition, a correlation was found between spousal violence and the following factors: higher education, lower level of psychological adjustment and greater familial-cultural gap between the country of origin and Israel. The discussion focuses on the characteristics of FSU immigrants—educational level and orientation towards cultural preservation—within the Israeli context that connects to psychological responses which, in turn, creates spousal violence.     

English as an equalizer between Arab and Jewish students in Israel

This paper describes an educational intervention program between 12 Arab and 12 Jewish students who were studying to become teachers of English as a Foreign Language (EFL) in Israel. The study reports on the ways in which the program impacted the participants, and focuses on the role of English, the Lingua Franca and language of communication, in creating neutral grounds for mutual understanding and contact. The outcomes show that English played a crucial part in facilitating open, pluralistic dialog and intercultural communication in intergroup contact. English acted as a bridge between Jewish and Arab students, in the current Israeli conflictual situation, to enhance communication across boundaries. Findings further indicate that while the participants were aware of the cultural, social, and religious differences between them, they recognized the similarities that brought them together and chose to focus on them as the basis for collaboration. The study suggests implications for teacher education and for continued political activism and community involvement toward peace education among future teachers in Israel.     

The Infiltration of Terrorist Organizations Into the Pharmaceutical Industry: Hezbollah as a Case Study

Criminal syndicates and terrorist organizations are inherently different, one motivated by profit and the other by political goals. Yet their difference enables them to cooperate for their mutual benefit. Nowhere has this been more evident than in the drug trade; from harvesting and trafficking in illegal substances, it has been an easy transition to counterfeiting and disseminating medications. Hezbollah, in particular, has become involved in the production, smuggling and distribution of counterfeit medications in North America, Africa and the Middle East as a means of raising immense sums of money to finance its terrorist activities. Hezbollah's infiltration into the pharmaceuticals industry illustrates the danger posed by the marriage of terrorism and crime, which arises both from enhanced resources for terrorism, and from the corruption of a legitimate and necessary industry. Understanding the nature and extent of this danger is the first step in preparing to meet it.