A New Paradigm of Customary International Criminal Law: The UN War Crimes Commission of 1943–1948 and its Associated Courts and Tribunals

This article focuses on the United Nations War Crimes Commission’s significant contribution to the development of customary international criminal law defined by the development of international legal standards and proceedings to combat impunity and promote justice. It draws on the Commission’s official history and its increasingly open archives in order to provide an overview of the UNWCC and its work, its members and its legacy for the contemporary era of international criminal law. The article firstly places the Commission in its historical context through the events and agreements that led to its creation and provided the legal character of the UNWCC. The defining characteristics of the Commission are afterwards described: the nations involved, the committee structure it formed and the sub-commission located in the Far East. Lastly, the accomplishments of the Commission are emphasised and criticisms of its work are presented. The article concludes with a discussion on the legacy of the Commission’s work and a possible future research agenda.     

Ethics and good urban governance in Toronto: The Bellamy report and integrity in public service

Abstract: Ethics has often been of central academic and policy concern but has also emerged as a central public and media issue in Canadian politics. In Toronto, there have been a number of scandals over the past few years that have brought the discussion of ethics in the municipal public service to the forefront as well. This article analyses some of the ethical problems that municipal public servants face and the institutional culture that allows ethics violations to occur. These are illustrated by the Toronto computer‐leasing and external contracts scandals, which were the subject of an inquiry, beginning in 2002, and subsequent report by Madam Justice Denise E. Bellamy, in 2005. The author looks at the case of Wanda Liczyk to illustrate how the decision‐making process can be corrupted and how this can lead to loss of public trust and inefficient and inequitable government. The challenge for urban governance is to create a municipal public service that is professional and accountable and that follows an ethical public‐service model based on ethical codes, leadership and an understanding of underlying ethical principles. This would help regain public trust and maintain a public service that is efficient and therefore better able to handle the increasing challenges of local government. Sommaire: L'éthique a souvent été une préoccupation fondamentale sur le plan de la theorie et de la politique, mais elle est également devenue une question d'intérêt public et une question médiatique dans la politique canadienne. Å Toronto, un certain nombre de scandales survenus ces derniéres années ont également porté le debat sur 1'éthique dans la fonction publique municipale à l'avant‐scéne. Le présent article analyse certains problemes d'éthique auxquels font face les fonctionnaires municipaux et la culture institutionnelle qui permet la violation de l'éthique. De tels cas sont illustrés par les scandales concernant la location d'ordinateurs et les contrats externes qui sont survenus à Toronto et ont fait l'objet d'une enquete à partir de 2002, puis d'un rapport par Madame la juge Denise E. Bellamy, en 2005. L'auteur prend le cas de Wanda Liczyk pour illustrer la manière dont le processus de prise de décision peut être corrompu et comment cela conduit à la perte de la confiance du public et a un gouvernement inefficace et inéquitable. Le défi pour la gouvernance urbaine consiste à créer une fonction publique municipale qui soit professionnelle et imputable et qui suive un modèle de fonction publique éthique fondé sur des codes déontologiques, le leadership et une compréhension des principes éthiques sous‐jacents. Cela aiderait à regagner la confiance du public et à maintenir une fonction publique qui soit efficace et par conséquent mieux en mesure de relever les défis croissants auxquels fait face le gouvernement local.     

Voting,Collective Action,and Liberalisation in Latin America: The Rise and Fall of the Hillinger Paradox

Chile's economic and political evolution after the 1982–83 financial crisis has been offered as a model for the rest of Latin America. This paper interprets the 1973 military coup, and national recovery during the 1980s and 1990s, in terms of the presence and absence, respectively, of the Hillinger (1971) paradox. The paradox arises when democratic voting on platforms consisting of several issues leads to majority support for a platform, itself consisting of issues, none of which is supported by the majority. In the early 1970s, a particular expression of the Hillinger paradox led Chile to the verge of a bloody civil war, and to a prolonged military dictatorship. In the mid 1980s, an important policy question, that of differentiated industrial protection versus free trade, was solved by a stable compromise in favour of the latter. This avoided the Hillinger paradox and eventually made electoral politics possible again.     

Big Data for Policy Analysis: The Good,The Bad,and The Ugly

Big data holds tremendous potential for public policy analysis. At the same time, its use prompts a number of issues related to statistical bias, privacy, equity, and governance, among others. Accordingly, there is a need to formulate, evaluate, and implement policies that not only mitigate the risks, but also maximize the benefits of using big data for policy analysis. This poses a number of challenges, which are highlighted in this essay.     

Understanding Gender Symmetry within an Expanded Partner Violence Typology

Controversies persist regarding the pervasiveness of gender symmetrical patterns of intimate partner violence (IPV) perpetration even as IPV research has proliferated. Johnson’s typology accounts for gender symmetrical and asymmetrical patterns of partner violence; unfortunately this framework has been poorly integrated into our research methods resulting in a fragmented knowledgebase. The original typology can be expanded to account for patterns of control absent of physical violence at the dyadic level. Measures based upon an expanded typology will allow us to better explore the theoretical underpinnings of gender symmetry in partner violence categories, and facilitate category-specific intervention development.     

A profile of children with disabilities receiving SSI: highlights from the National Survey of SSI Children and Families

This article provides a nationally representative profile of noninstitutionalized children 0 to 17 years of age who were receiving support from the Supplemental Security Income (SSI) program because of a disability. To assess the role of the SSI program in providing assistance to low-income children with disabilities and their families, it is important to obtain detailed information on demographic characteristics, income and assets, health and disabilities, and health care utilization. Yet administrative records of the Social Security Administration do not contain many of the relevant data items, and the records provide only an incomplete picture of the family relationships affecting the lives of children with disabilities. The National Survey of SSI Children and Families fills this gap. This summary article is based on survey interviews conducted between July 2001 and June 2002 and provides some highlights characterizing children with disabilities who were receiving SSI and their families. Most children receiving SSI (hereafter referred to as "SSI children") lived in a family headed by a single mother, and less than one in three lived with both parents. A very high proportion, about half, were living in a household with at least one other individual reported to have had a disability. About 70 percent of children received some kind of special education. SSI support was the most important source of family income, with earnings a close second. On average, SSI payments accounted for nearly half of the income for the children's families, and earnings accounted for almost 40 percent. When all sources of family income were considered, slightly more than half (54 percent) of SSI children lived in families above the poverty threshold, a notable fact given that the federal SSI program guarantees only a subpoverty level of income. However, beyond these averages there was substantial variation, with some children living in families with income well below the poverty threshold and others having income well over 200 percent of the poverty threshold. About one-third of SSI children lived in families owning a home, two-thirds lived with parents or guardians with at least one car, and about 40 percent lived with parents or guardians with zero liquid assets. Less than 4 percent lived with adults who owned stocks, mutual funds, notes, certificates of deposit, or savings bonds. The Social Security Administration's administrative records contain only a limited amount of information about disability diagnoses. The National Survey of SSI Children and Families supplements those records with data from an array of questions on functional limitations, self-reported health, and the perceived severity of disabilities. The data suggest that a great degree of variation in severity exists within the childhood caseload, as reflected in reports of the presence or absence of six functional limitations, perceived overall health status, and perceived impact of disability on the child's ability to do things. Overall, 36 percent of the children were reported to have had disabilities that affected their abilities to do things "a great deal," and for 21 percent their difficulties had very little or no impact. Physical disabilities were most common among children aged 0 to 5, and mental disabilities dominated the picture for the other two age groups: 6 to 12 and 13 to 17. Virtually all SSI children are covered by some form of health insurance, with Medicaid being by far the most common source of health insurance coverage. Just as in the case of the severity of disabilities, substantial variation was reported in health care utilization among SSI children. Almost 30 percent of children had two or fewer doctor visits during the 12 months preceding the interview, and close to 50 percent had five or more doctor visits. About four-fifths of the children had no reported hospitalizations or surgeries during the previous year. More than 40 percent of the children visited an emergency room during the previous year, most of them more than once. Importantly, no out-of-pocket costs associated with medical care were reported for more than two-thirds of the children, and only about 3 percent had annual expenses exceeding $1,000 for physical and mental health care. This finding suggests that SSI payments are not used to cover medical expenses for the overwhelming majority of children. The use of supportive therapies varied widely among SSI children: more than half reported having used physical, occupational, or speech therapy; only 8 percent used respite care for the parents or other family members. An analysis of the perception of the survey respondents shows that more than one-third of children had unmet needs for mental health counseling services, and about three-quarters of families had unmet needs for respite care. In several service categories, the proportion perceived to have had unmet service needs was around 10 percent or less. In the dominant service category of physical, occupational, and speech therapy, only 11 percent perceived to have had unmet service needs.