THE ICC'S ROLE IN AFRICA

The newly constituted International Criminal Court is an important development in the fight against the most serious crimes of international concern. It will only be possible to look more closely at the role and impact of the court in the world, and Africa in particular, once it is explained how the court and its organs will function. In this regard the court's jurisdiction, the concept of complementarity and the role of the prosecutor are important. It would then be possible to see if the ICC could get involved in Africa, or whether it could be prevented from investigating and prosecuting such crimes. At the moment, it appears that the role of the ICC in Africa will be limited.     

THE CREATION OF THE ICC

The implications for African states of the recently created International Criminal Court should be carefully considered. There are far-reaching limitations placed on the ICC's jurisdictional scheme, both temporally as well as by the preconditions to the exercise of jurisdiction in the form of territoriality and nationality. The Court's powers may also be constrained out of deference to the grant of an internationally acceptable amnesty, and national courts may be constrained to recognise immunities from prosecution for high-ranking officials. These limitations need to be properly understood so that the ICC can be effectively utilised by African States to declare and act upon their commitment to the principle of individual criminal liability for those responsible for the most serious crimes.     

Political dynamics in Kenya’s post-electoral violence: Justice without peace or political compromise?

The political upheavals that erupted in Kenya after the release of the 2007–8 election results resulted in the death of approximately 1 200 people, as well as the loss of livestock and other valuable property. While the Kenyan government tried to seek solutions to the crisis, the International Criminal Court (ICC) issued warrants for the arrest of top government officials. For its part, the African Union (AU) accused the ICC of racism by targeting only African leaders, and maintained that such practices undermine the rule of equality before the law set forth in Article 27 of the Rome Statute. The AU is therefore advising African countries, including Kenya, to consider withdrawing from the ICC. Will the ICC's intervention into the situation in Kenya bring justice and peace to the country, or will it add to the existing injuries affecting not just the country but the region as well? Through a critical analysis of contemporary scholarly discourse, this article unravels the dilemma of the ICC's intervention and the likely consequences of this action for the people of Kenya and Africa.     

Human conflict and universal ethics (part 2)

This second part of the review article begins with a definition of military power, when and how it should be used. From a large number of authors, “moral forces” are linked to “codes of conduct”, and the fundamental understandings about the “profession of arms”, based on “fiduciary trust”, “covenanted” service and professional and personal “conscience”. The article covers what authors have written about “culture” and the ethics of “technology” devices and systems, including “cyber” warfare. It concludes with recognition of the increase in ethical sensitivity in this century which is characterized by a phenomenon, the crises of “identity”, personal, national and global.     

Justice empowered or justice hampered: The International Criminal Court in Darfur

It came as a surprise to many international observers when, on 31 March 2005, the United Nations Security Council passed resolution 1593, which referred the situation in Darfur to the jurisdiction of the International Criminal Court. Some celebrated this event as initiating a new era in which international criminal justice would prevail, but they might have done well to consider the objections immediately raised by the representatives of the Sudanese government, which was not a party to the ICC, a point that created a series of impediments to the implementation of the resolution. For all that the ICC has been charged with investigating crimes against humanity in Darfur, its investigators are being prevented from seeking the evidence on the ground essential to any successful prosecution. The Sudanese government has so far maintained its obstructive position, arguing that it is capable of handling such cases within its own sovereign jurisdiction. The imperative of excluding the ICC from Darfur has contributed to Khartoum's objections to the deployment of a UN force to replace the African Union mission there. In sum: the challenges faced by the ICC in Darfur demonstrate that international criminal justice does not operate in a political vacuum.     

Quasi-separable utility functions

This paper is concerned with a method for the assessment of utility functions of multi-numeraire consequences. It is proven that given von Neumann and Morgenstern's axioms of “rational behavior” and two additional assumptions, the utility function for (x, y) consequences can be written as U(x, y) = U_x(x) + U_y(y) + KU_x(x) U_y(y). K is a constant that must be evaluated empirically. This form shall be designated as a quasi-separable utility function. It is more general than the separable utility function and is shown to be nearly as easy to use. Implications and ramifications of such a utility function and its requisite assumptions are discussed. A technique for practical application of this work is presented.     

The rise and fall of counterproliferation policy

The US government initiated a Defense Counterproliferation Initiative to address the concern that, in the post-Cold War years, the proliferation of nuclear, biological, and chemical weapons would be widespread and create a significant challenge to the US military’s combat operations. In particular, non-nuclear states might use chemical or biological warfare agents against US forces with the belief that nuclear weapons would not be used against them in retaliation. Following the events of September 11, 2001, defense strategy and policy shifted to a wider view of the threat of adversarial use of “weapons of mass destruction” (WMD) and the term “counterproliferation” was replaced by “combating” or “countering WMD.” Over time, the Defense Department increasingly moved away from counterproliferation principles with the detrimental effect of losing capabilities that US forces still need for contemporary adversaries. This shift has been aggravated by other US government agencies’ use of “counterproliferation” in lieu of what would have been termed “nonproliferation” activities in the 1990s. The loss of clarity within the US government on these terms has led to the inability to focus the “whole of government” on this significant national security challenge. To alleviate this challenge, the US government needs a top-down initiative to refocus policy on the distinctly different aspects of WMD with respect to military combat operations, combating terrorism, and homeland security.     

Transportation type problems with quantity discounts

It is known to be real that the per unit transportation cost from a specific supply source to a given demand sink is dependent on the quantity shipped, so that there exist finite intervals for quantities where price breaks are offered to customers. Thus, such a quantity discount results in a nonconvex, piecewise linear functional. In this paper, an algorithm is provided to solve this problem. This algorithm, with minor modifications, is shown to encompass the “incremental” quantity discount and the “fixed charge” transportation problems as well. It is based upon a branch-and-bound solution procedure. The branches lead to ordinary transportation problems, the results of which are obtained by utilizing the “cost operator” for one branch and “rim operator” for another branch. Suitable illustrations and extensions are also provided.     

“Respect” as a personal attribute in the British Army

This article describes the results of research into the social phenomenon of “respect” as framed by junior members of the British Army, as part of a wider study into the Values and Standards of the British Army. This research was interview based, using qualitative analysis software to detect, manage, and draw conclusions from the qualitative data recorded in those interviews. The data indicated that the primary situation in which “respect” was visualised by the participants was the unit context, and that it comprised a combination of three different strands: respect for rank or “hierarchical respect,” “professional respect” for a person's military competence, and “personal respect” for an individual's character, personal behaviour, and attributes. The overall respect that an individual is given arises from the combination of these three areas. “Respect” as a concept was, in the soldiers’ characterisation, something that had to be earned (except for the “given” represented by rank) and was not stable: a person's fund of respect could go up or down in social value. Respect was also linked to trust: the more respect a person had, the more they could be trusted. Although the unit context was the primary one for discussing their framing of the concept of respect, many of the participants reported a wider dimension in which every human being deserves a basic level of respect simply for being human, and this level could not be forfeited.     

Advancing “Defence-in-depth”: intelligence and systems dynamics

This article aims to encourage the fostering of more systems thinking, and its greater exploitation, within the domain of contemporary intelligence. With particular focus on “micro systems thinking” and with reference to key intelligence processes, such as intelligence analysis, the utility of many systems dynamics within the intelligence context seeks to be further revealed. Through their greater collective harnessing, including up to “System of Systems” (“SoS”) dynamics, and promoting all that they can offer, more sophisticated overarching operational-to-strategic/policy “ends,” notably that of “defence-in-depth,” can be viably further advanced in a sustainable manner into the future. Arguably, a much-needed transformative impact on contemporary intelligence can also be increasingly realised through comprehensively engaging in and with more systems and SoS thinking. Aiding civil protection tasks, crisis management, emergency planners, and civil contingency practitioners likewise gain.     

“Effing” the military: a political misunderstanding of management

The use of commercial business management techniques is widespread in all government departments, including the Ministry of Defence. This article examines the use of popular management techniques in the Armed Forces and argues that their application is misplaced. It looks at what the “effs” – “efficiency” and “effectiveness” – mean in the business world and to the Armed Forces. It compares the definitions both in business and the Armed Forces and finds that there are few, if any, situations where the same measurements can be applied. Whilst many management techniques are suited for business, the function of the Armed Forces and its output cannot be measured in the same way, complicated by the different metrics of “efficiency” in peace and in war. This difference may not be clearly understood by some politicians, or indeed by some senior military personnel. Using examples from some of the most popular management techniques such as “Lean” and “Agile” it is possible to see that their use might actually diminish the capabilities of the Armed Forces when it comes to performing their principal role – the use of force to achieve political objectives.     

论教育现代化的价值取向

教育现代化有两个基本的价值取向 ,即“为了国家的发展”和“为了个体的发展” ,人们只有深刻认识这两种价值取向的实质关系即效率与平等的关系才能使二者的关系处于一种“适度”的状态 ,从而更好地贯彻执行科教兴国的大政方针 ,促进国家的全面发展     

Population transfers in counter-insurgency: a recipe for success?

Since control over the population constitutes the most crucial determinant for victory in irregular warfare, how should a state authority isolate the insurgents (the “fish” in Maoist terms) from the population (the “sea” in which the “fish” thrive)? Should a state authority simply drain the “sea” by diverting its “water” elsewhere? Does the forcible transfer of the local people who support an insurgency truly work? This article studies how the royalist regime of Greece forcibly transferred thousands of villagers (over 10% of the total population) to counter the communist insurgency during the Greek Civil War (1946–1949) and shows whether and how these deportations could be crowned with success.     

Great-power Responsibility,Side-effect Harms and American Drone Strikes in Pakistan

In International Relations (IR), the actions of great powers are usually assessed through their direct effects. Great powers are generally considered to be responsible for the consequences of their actions if they intentionally caused them. Although there is discussion on “double-effects” and “side-effect harms” in the realms of philosophy and political sociology, these largely remain absent from the field of IR. This article bridges that gap by clarifying a set of yardsticks through which side-effect harms of great powers’ actions can be evaluated, including “capacity”, “historical precedent”, “voluntarism” and “unintentional causality”. These yardsticks are deduced through the Theory of Special Responsibilities, which combines elements of Constructivism and the English School. The theoretical framework presented is then applied to the case of American drone strikes in the Federally Administered Tribal Areas (FATA) of Pakistan. A number of terrorists in FATA have relocated elsewhere within Pakistan to escape these strikes, subsequently harming individuals in new locations. The article asks: who bears responsibility for the harm brought to civilians by these dislocated terrorists? Analysis from the perspective of the theoretical framework, constructed and applied here, suggests that even if the US may claim not to have directly intended such an outcome, it still shares some responsibility for the harm to innocent civilians.     

Doing Away with “Legitimate Authority”

ABSTRACT

I argue in this article that traditional just war theory did allow private, indeed even individual war, and that arguments in support of a legitimate authority criterion, let alone in support of the “priority” of this criterion, fail. I further argue that what motivates the insistence on “legitimate authority” is the assumption that doing away with this criterion will lead to chaos and anarchy. I demonstrate that the reasoning, if any, underlying this assumption is philosophically confused. The fact of the matter is that wars need not necessarily be authorized by some higher authority (such as a king, president, or parliament) in order to be justified, and this moral fact does not need to lead to chaos and anarchy. Accordingly, the criterion of legitimate authority cannot be relied on to delegitimate individual war, private war, guerrilla war, or even terrorism. Finally, I consider some other defenses of authorization and demonstrate that the “authorization” these accounts defend is either not needed for justification or already provided by other just war criteria or, indeed, entirely fictitious.     

“What is dear to you?” Survey of beliefs regarding protection of critical infrastructure against terrorism

Up to the present, there is only very little research on how the population perceives terrorism and its threats, even though support from the population is crucial for effective counterterrorism. By eliciting beliefs and subjecting them to content analyses, six factors were found that determine the protection worthiness of a target in the people's view: the potential damage to “people,” “symbolism,” “economy,” “politics,” “nature,” and “image/publicity.” These empirically found factors are in line with factors specified by terrorist target selection models. They differ in the strength of their cognitive representation among participants and, thus, their subjective importance to the people. The first three factors are shared among all participants, whereas the latter ones could only be found in a part of the participant sample. People's judgments of the targets' protection worthiness differ substantially from their judgments of the targets' attractiveness to terrorists, even though the same factors seem to be involved. This study offers an insight into the people's mental model about protection worthiness of targets. Together with classical risk analysis and knowledge about terrorists, these results can form a basis for setting up a holistic scheme for critical infrastructure protection.     

On the relationship between the force ratio and the instantaneous casualty-exchange ratio for some lanchester-type models of warfare

A “local” condition of winning (in the sense that the force ratio is changing to the advantage of one of the combatants) is shown to apply to all deterministic Lanchester-type models with two force-level variables. This condition involves the comparison of only the force ratio and the instantaneous force-change ratio. For no replacements and withdrawals, a combatant is winning “instantaneously” when the force ratio exceeds the differential casualty-exchange ratio. General outcome-prediction relations are developed from this “local” condition and applied to a nonlinear model for Helmbold-type combat between two homogeneous forces with superimposed effects of supporting fires not subject to attrition. Conditions under which the effects of the supporting fires “cancel out” are given.     

The danger of “hybrid warfare” from a sophisticated adversary: the Russian “hybridity” in the Ukrainian conflict

The term “hybrid warfare” is a new one that the West began to use to explain its failure to cope with asymmetric threats. Focusing on the war on global terrorism, the West temporarily withdrew its attention from traditional adversaries, such as Russia, which has used this gap and has audaciously returned to the stage as a global actor. Until the Russian annexation of the Crimean Peninsula in 2014 and inflaming the Ukrainian crisis, most Western authors attributed “hybrid threats” mostly to non-state actors. But the Ukrainian scenario showed the true face of “hybridity” in the modern battlefield when practised by a powerful state actor. Russian “hybrid warfare” in Ukraine has already been seen as a combination of conventional and unconventional methods, that have been complemented with other instruments of national power – diplomatic, economic and information. The purpose of this article is, through an analysis of the Ukrainian scenario, to demonstrate that although the term “hybrid” is new, the concept itself is old and is a continuation of already seen doctrine from the Cold War era. Although “hybrid threats” can come both from state and non-state actors, the Russian interference in Ukraine is proof that they are especially dangerous for the West if, or when, they are initiated from a traditional, sophisticated adversary that has the capacity to use all forms of warfare.     

论打击防范“三股势力”犯罪的立法完善

国际恐怖主义和包括“东突”势力在内的民族分裂主义、宗教极端势力和暴力恐怖势力等“三股势力”是危害我国社会和谐、国家安全的主要因素之一。坚持依法打击和防范是治本之策,但现行相关法律还存在着许多空白和不足之处,亟待完善。为此,建议国家积极与周边国家签订或完善打击防范“三股势力”的双边或多边合作协定,充实协作机构;进一步完善刑法、刑事诉讼法和刑侦、安全、边检、金融等法律在打击和防范“三股势力”犯罪方面的具体规定;适时出台《反“三股势力”法》。     

科学知识社会学代表人物拉图尔理论观点述评

拉图尔最早提出SSK的微观研究纲领——“实验室研究”纲领,把建构主义科学观推进到更深入、更复杂的研究领域,成为社会建构论的主要代表,并且开创了科学认识论“社会学转向”基础上的“人类学转向”。在此着重分析他如何对科学知识的社会性问题进行日常考察与微观研究,如何论述科学事实的社会建构过程。