The European Union and Penal Law

Technically-speaking, penal law remains outside the competence of the European Communities and Union. However, mirroring other legal developments within Europe, a combination of higher Community 'principles' such as proportionality, non-discrimination, free competition and loyal co-operation, together with secondary Community law, has on the one hand, led to an unforeseen process of the harmonisation of national penal systems; with national norms either being set aside by Community law, or given extended scope in the pursuance of EC/EU goals. On the other hand, certain European interests – most notably, the need to safeguard the European Union budget – have proven strong enough to prompt the evolution of a nascent penal law of the EU; the most noteworthy development here being the drawing up of an independent European 'corpus juris' covering penal policy and procedure in the area of EU budget protection.     

The Rome Statute of the International Criminal Court: A Challenge to Impunity

Netherlands International Law Review -     

The relation between interviewers’ personal characteristics and investigative interview performance in a child sexual abuse context

Despite important progress in knowledge about interview ‘best practice’ with child victims, few studies had yet evaluated the impact of interviewers’ personal characteristics on adherence to these ‘best practice’. This study was designed to determine whether interviewers’ personal characteristics are associated with adherence to a structured interview protocol (National Institute of Child and Human Development), the use of open-ended questions and the amount of details provided in children’s responses during investigative interviews with alleged victims of child sexual abuse. 114 interviews were scored from 13 police investigators after they followed a one-week training program. Results showed that experience, emotional intelligence, Extraversion, Agreeableness, Conscientiousness and Neuroticism were related with adherence to the protocol and ratio of open-ended questions. Cognitive abilities were related to the amount of details obtained from the child. Generalized estimating equations were used to compare relative contribution of each variable. These findings raise questions about how investigative interviewers are selected and trained.     

How unique is the Western European marriage pattern?: A comparison of nuptiality in historical Europe and the contemporary Arab world

In this article a comparison is drawn between the historical Western European marriage pattern (WEMP), and more recent trends in nuptiality in Arab countries. This comparison makes clear that marriage behavior in the present-day Arab world shows striking similarities to nuptiality patterns which have been described by Hajnal and adherents as typically Western European. Due to a combination of economic hardship, ever growing costs in the marriage ceremony, prolonged education and the emancipation of women, people in the Arab world have started to marry at ever higher ages during the past decades. Moreover, there are indications that universal marriage is in decline. Just as Western European couples in the nineteenth century had to spend years of saving in order to meet the economic requirements for marriage, young couples in today's Arab world have to postpone marriage as they are only at a more advanced age able to bear the economic burden involved in getting married. Striking is also the fact that marriage restriction in both societies started at a moment when the social and legal position of women was improving (in late Medieval Western Europe and today in the Arab world). However, in some ways the historical Western European marriage pattern differs from the contemporary Arab pattern. No other marriage regime has been able to completely reduce fertility and balance population growth to economic development. Whereas population growth in pre-twentieth century Europe was only restricted by nuptiality control, demographic expansion in present day Arab society is also restricted by modern family planning. Declining nuptiality in the Arab world can however not, as some might assume, be put under the header of the Second Demographic Transition observed in Western societies, from the 1960s on. After all, until today, a rise in cohabitation and extra-marital births has not occured in the Arab world.     

Labor strategies of families: An introduction

The collection presents an approach to history in which the dominance of structure is replaced by the effects of human agency. Individual motives and actions are the subject of these studies. In particular, the articles focus on the economic approach of family strategies, starting with a methodological discussion of the problematic concept of strategies: how to disentangle the influence of social structure, family circumstances, and individual behavior. The conflicting interests of individuals resulted in replacing the so-called “joint utility function” with that of “bargained family decisions.” The focus of the contributions is on the labor deployment of family members. All articles deal with three factors influencing labor deployment: adaptation to the structural environment, regulation of labor within the family, and reconciliation of choices at transition points during the individual life course of family members.     

Violence and Massacres -- Towards a Criminal Law of Inhumanity?

The law's responses to massacres seem to vacillate between twomodels: (i) the model of the ‘criminal law of the enemy’inspired by the national criminal law and rendered topical againby the attacks of September 11; (ii) the model of the ‘criminallaw of inhumanity’ symbolized by the paradigm of crimesagainst humanity. The latter model is better suited to takeaccount of the qualitative dimension of massacres, i.e. thefact that they, besides being mass offences (quantitative criterion),also offend against humanity. To establish a ‘criminallaw of inhumanity’ as a model with a universal, or universalizable,dimension, three conditions are necessary, which concern (i)the definition of the crimes, (ii) the assignment of responsibilityand (iii) the nature of the punishment. As for the definitionof the crime, one could implicitly deduce from the list of actsconstituting crimes against humanity (Article 7 of the InternationalCriminal Court Statute) that humanity so protected has two inseparablecomponents: the individuality of each human being, not reducibleto membership in a group, and the equal membership of each inthe human community as a whole. With regard to the second condition,it is not sufficient to hold responsible the de jure or de factoleaders; intermediaries and perpetrators, at all levels of hierarchy,must also be held accountable. As for the third condition, itis not sufficient to content oneself with the watchword of thefight against impunity without bringing up the nature and functionsof the punishment; hence the necessity not only to rethink therole ‘criminal’ law can play in a policy of punishment,but also to focus on prevention, reparation and reconciliation.Finally, the author suggests that the proposed model of a ‘criminallaw of inhumanity’ must be built through the interplaybetween municipal law and international law. On the one hand,the wealth of national legal systems — also with regardto penalties and responsibility — should be better integratedinto international criminal justice; on the other, nationalcriminal systems should be better adapted to conditions of internationallaw, through the introduction into domestic law of the definitionsof the crimes and also the rules for assigning criminal responsibility.