The non-governmental provision of search and rescue in the Mediterranean and the abdication of state responsibility

From January 2015 to December 2017, approximately 1.6 million migrants crossed the Mediterranean to reach Europe. The death toll was dramatic, with almost 15,000 drowning. In response to the void left by the ending of the Italian-led Mare Nostrum mission, several non-governmental organizations (NGOs) launched their own search and rescue (SAR) operations, rescuing over 110,000 migrants. In this article, we argue that states have the responsibility not only to coordinate, but also to directly provide adequate SAR operations in the Mediterranean, and that these responsibilities are presently being abdicated. Although much criticism of NGO maritime rescuing operations is misplaced, non-governmental SAR has notable limitations, and states are ultimately responsible for this shortfall.     

Straightjacketing migrant rescuers? The code of conduct on maritime NGOs

In July 2017, Italy drafted an EU-sponsored code of conduct aimed at regulating non-governmental migrant rescuing NGOs offshore Libya. The code makes permission for NGO vessels to disembark migrants in Italian ports conditional on collaborating in the fight against smugglers and accepting the presence of law enforcement personnel on board. This article investigates the inception, content and likely consequences of the Code, arguing that most of its provisions are either redundant or counterproductive. As suggested by scholarship on civil–military cooperation and maritime rescuing, the code as it stands would only violate humanitarian principles without increasing existing rescuing capabilities.     

Managing commingled remains from mass graves: considerations, implications and recommendations from a human rights case in Chile

This paper focuses on a little discussed part of Chilean history and the efforts to resolve Human Rights cases from the period 1973 to 1990. A case file is presented to illustrate the different stages, problems and solutions found in one particularly challenging case studied by the Special Unit of Identification of Detained and Missing (UEIDDDD) of the Human Rights Program of the Forensic Service, Chile, during the period 2006-2009. A major complication found in this example was the fact that the remains studied were commingled, and in addition, were mixed with remains that were not of medico-legal interest - deposited prior to and after the case in question, but within the same common grave. Multiple burials and the consequences of commingled skeletal human remains are reviewed, paying special attention to the roles that different agents related to these types of cases play, how they influence the decision making process and the outcomes that can be expected in commingled cases due to the complexities and challenges they present. Effective communication between prosecutors and forensic practitioners is vital to optimize the resources. Equally important is the relationship that is built between the practitioners and the victims' families regarding communication, information and expectations that both parties may have.     

The sea as humanitarian space: Non-governmental Search and Rescue dilemmas on the Central Mediterranean migratory route

In 2016 only, more than 5000 migrants lost their lives while attempting to cross the Mediterranean. To mitigate this humanitarian emergency, ten different non-governmental organisations (NGOs) started conducting Search and Rescue (SAR) operations offshore Libya. While operating at sea ostensibly provides humanitarian relief organisations with the possibility to work free of political interference, non-governmental SAR entails operational and ethical dilemmas, forcing NGOs to accept uneasy compromises on the principles of neutrality, impartiality and independence that underlie humanitarian action.     

Large multifocal cardiac myxoma causing the sudden unexpected death of a 2-month-old infant--a rapidly growing, acquired lesion versus a congenital process?: a case report

We report the occurrence of a clinically undiagnosed biatrial myxoma with left ventricular involvement in a 2-month-old male infant, resulting in sudden death. During a routine well-baby examination, a grade (34) holosystolic murmur was detected at the left sternal border with radiation to the axilla and back. On the following day, the patient collapsed and died suddenly. An autopsy revealed a large multifocal neoplasm diffusely involving the aortic valve while displaying mitral, tricuspid, and left ventricular extensions. The ensuing histopathologic and immunohistochemical studies were diagnostic for myxoma. We discuss the occurrence of cardiac myxoma within the pediatric population and review the literature as to theorize whether this lesion was a congenital process versus a rapidly growing tumor that developed after the child was born. Lastly, we address the potential for sudden death in patients with such tumors.     

The feminist defense of law

The purpose of this essay is to highlight the fact that certain specific governing or guideline criteria are in fact necessary before one can establish cases in which it would be admissible to treat the genders unequally. Those criteria, insofar as women＇s rights are concerned, consist of the need to overcome a situation of inequality which arises due to cultural and social reasons. An analysis of the different types of feminist movements follows, concluding that feminism implies two types of hypotheses. On one level feminism can be said to be a theory for equality; on another level it is a theory which turns around the objectivity of law, although it does, in both cases, challenge classical political and iudicial theses.     

The detection of deception with the reality monitoring approach: a review of the empirical evidence

One of the verbal approaches to the detection of deceit is based on research on human memory that tries to identify the characteristics that differentiate between internal and external memories (reality monitoring). This approach has attempted to extrapolate the contributions of reality monitoring (RM) research to the deception area. In this paper, we have attempted to review all available studies conducted in several countries in order to yield some general conclusions concerning the discriminative power of this approach. Regarding individual criteria, the empirical results are not very encouraging: few criteria discriminate significantly across studies, and there are several variables that moderate their effect. Some of the contradictory findings may have emerged because of differences in the operationalizations and procedures used across individual studies. However, more promising results have been reported in recent studies, and the approach as a whole appears to discriminate above chance level, reaching accuracy rates that are similar to those of criteria-based content analysis (CBCA). Some suggestions for future research are made.     

Alexy's Thesis of the Necessary Connection between Law and Morality

This paper criticizes Alexy's argument on the necessary connection between law and morality. First of all, the author discusses some aspects of the notion of the claim to correctness. Basically, it is highly doubtful that all legal authorities share the same idea of moral correctness. Secondly, the author argues that the claim to correctness is not a defining characteristic of the concepts of “legal norm” and “legal system”. Hence, the thesis of a necessary connection between law and morality based on such claim cannot be accepted. 1 Abstract by Antonino Rotolo.