Toward an International Criminal Procedure: Due Process Aspirations and Limitations

The breathtaking growth of international criminal law over the past decade has resulted in the prosecution of Balkan and Rwandan mass murderers, the development of a substantial body of atrocity law jurisprudence and the creation of a permanent International Criminal Court with jurisdiction over genocide, crimes against humanity, and war crimes. The growth of international criminal procedure, unfortunately, has not kept pace. Among its shortcomings, critics have pointed to lengthy pre-trial detention without a real possibility of provisional release, the use of affidavits and transcripts instead of live witnesses at trial, the absence of juries, and the right of prosecutorial appeal. Existing literature has pointed out these deficits but has failed to offer a systematic or comprehensive explanation for them. While such literature is helpful in identifying the problem, it has failed to provide a conceptual framework necessary for formulating solutions. This article constructs such a framework and uses it to provide a starting point for expanding international due process protections. It contends that three separate phenomena contribute to the restriction of international due process growth: (1) fragmentation of enforcement; (2) integration of conflicting legal systems; and (3) gravity of the crimes involved. It also analyzes the interplay among these three restricting phenomena and argues that any future growth of due process will hinge on efforts to achieve greater degrees of structural globalization, procedural hybridization, and transnational public awareness

Hate Speech and Persecution: A Contextual Approach

Scholarly work on atrocity-speech law has focused almost exclusively on incitement to genocide. But case law has established liability for a different speech offense: persecution as a crime against humanity (CAH). The lack of scholarship regarding this crime is puzzling given a split between the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia on the issue of whether hate speech alone can serve as an actus reus for CAH-persecution. This Article fills the gap in the literature by analyzing the split between the two tribunals and concluding that hate speech alone may be the basis for CAH-persecution charges. First, this is consistent with precedent going as far back as the Nuremberg trials. Second, it takes into account the CAH requirement that the speech be uttered as part of a widespread or systematic attack against a civilian population. Third, the defendant must be aware that his speech is uttered as part of that attack. As a result, it is problematic to consider hate speech in a vacuum. Unlike incitement to genocide, an inchoate crime not necessarily involving speech and simultaneous mass violence, hate speech as persecution must be legally linked to contemporaneous violence in a context in which the marketplace of ideas is shut down and speech thus loses its democracy and self-actualization benefits. Thus, it should ordinarily satisfy the CAH-persecution actus reus requirement. Nevertheless, given the strictly verbal conduct, and possible impingements on quasi-legitimate freedom of expression, isolated or sporadic hate speech, as well as hate speech uttered as part of incipient, low-level, or geographically removed chapeau violence, may not qualify as the actus reus of CAH-persecution. The Article ultimately makes the point that context is crucial and case-by-case analysis should always be required

John F. Kennedy History, Memory, Legacy: An Interdisciplinary Inquiry

On September 25, 1963, President John F. Kennedy traveled to Grand Forks, North Dakota, greeted its citizens while touring the city, and delivered a speech at the University of North Dakota Field House, which addressed important issues still vital today: environmental protection, conservation of natural resources, economic development, the struggle between democracy and totalitarianism, and the importance of education and public service. The University conferred on the President an honorary Doctor of Laws degree. Over 20,000 people assembled on campus that day to see JFK -- the largest campus gathering in UND history. Tragically, less than two months later, the thirty-fifth President of the United States was assassinated in Dallas. To commemorate the forty-fifth anniversary of the President\u27s Grand Forks visit, and in tandem with the University\u27s one hundred and twenty-fifth anniversary, UND organized a September 25-27, 2008 conference to foster interdisciplinary discussion and analysis of the issues addressed in JFK\u27s UND speech, as well as other significant issues of the Kennedy era, including civil rights, space exploration, the nuclear threat, and the influence of the media on presidential politics. The Conference also explored issues related to the President\u27s assassination within weeks of his UND visit. This publication of conference proceedings collects the papers presented during this conference as well as transcripts of significant addresses and discussions.https://commons.und.edu/oers/1002/thumbnail.jp

Soil organic carbon, extracellular polymeric substances (EPS), and soil structural stability as affected by previous and current land-use

While soil microbial ecology, soil organic carbon (SOC) and soil physical quality are widely understood to be interrelated — the underlying drivers of emergent properties, from land management to biochemistry, are hotly debated. Biological binding agents, microbial exudates, or ‘extracellular polymeric substances’ (EPS) in soil are now receiving increased attention due to several of the existing methodological challenges having been overcome. We applied a recently developed approach to quantify soil EPS, as extracellular protein and extracellular polysaccharide, on the well-characterised soils of the Highfield Experiment, Rothamsted Research, UK. Our aim was to investigate the links between agricultural land use, SOC, transient binding agents known as EPS, and their impacts on soil physical quality (given by mean weight diameter of water stable aggregates; MWD). We compared the legacy effects from long-term previous land-uses (unfertilised grassland, fertilised arable, and fallow) which were established >50 years prior to investigation, crossed with the same current land-uses established for a duration of only 2.5 years prior to sampling. Continuously fallow and grassland soils represented the poorest and greatest states of structural integrity, respectively. Total SOC and %N were found to be affected by both previous and current land-uses, while extractable EPS and MWD were driven primarily by the current land-use. Land-use change between these two extremes (fallow→grass; grass→fallow) resulted in smaller SOC differences (64% increase or 37% loss) compared to MWD (125% increase or 78% loss). SOC concentration correlated well to MWD (adjusted R2 = 0.72) but the high SOC content from previous grassland was not found to contribute directly to the current stability (p < 0.05). Our work thus supports the view that certain distinct components of SOC, rather than the total pool, have disproportionately important effects on a soil’s structural stability. EPS-protein was more closely related to aggregate stability than EPS-polysaccharide (p values of 0.002 and 0.027, respectively), and ranking soils with the 5 highest concentrations of EPS-protein to their corresponding orders of stability (MWD) resulted in a perfect match. We confirmed that both EPS-protein and EPS-polysaccharide were transient fractions: supporting the founding models for aggregate formation. We suggest that management of transient binding agents such as EPS —as opposed to simply increasing the total SOC content— may be a more feasible strategy to improve soil structural integrity and help achieve environmental objectives

Flortaucipir (tau) PET in LGI1 antibody encephalitis

The contributors to persistent cognitive impairment and hippocampal atrophy in leucine-rich glioma-inactivated 1 antibody encephalitis (LGI1) patients are unknown. We evaluated whether tau neuropathology measured with