Ruling on Jurisdiction in the Myanmar Situation and its Results in The ICC’s Jurisprudence

The ICC ruling on jurisdiction in the Myanmar situation by relying on Article 19(3) of the Statute at the request of the Prosecutor, results which have not been known before. The ICC jurisprudence in relation to the application of Article 19 of the Statute to the situation in the Myanmar has led to conclusions that are important to examine. Therefore, reviewing the results of the ruling on jurisdiction in the Myanmar situation and identifying the exit strategy based on jurisprudence is one of the objectives and subject of this article. Research method is descriptive-analytical and relies on the Statute provisions and the ICC jurisprudence to answer research question. What are the results of the prosecutor’s request for a ruling on jurisdiction in the Myanmar situation? Research findings show that the ICC jurisprudence in the Myanmar situation not only did not prevent the loss of costs, according to the prosecutor under the concept of judicial economy, but only transferred it from the prosecutor’s office to the ICC. This view is based on two conclusions drawn from the ruling on jurisdiction in the Myanmar situation in light of the ICC jurisprudence.First, the issuance of ruling on jurisdiction did not preclude the need to consider the prosecutor’s future request for authorization of the investigation in the Myanmar situation. However, if the prosecutor had resorted to the provisions of Article 15(3) of the Statute from the outset, both the ICC jurisdiction would have been established and the investigation into the Myanmar situation would have been authorized. This is a cost that the Prosecutor has paid for by wasting time, energy and the ICC’s facilities with the theory of judicial economy in her opinion in the situation of the Myanmar. Although the Prosecutor tried to make this cost zero by resorting to the mechanism of Article 19(3) of the Statute, but the ICC jurisprudence showed that this cost is not only not zero, but it is transferred from the Prosecutor’s office to the ICC. Of course, resorting to Article 15(3) of the Statute is subject to providing the necessary documents and reasons to prove the logical basis for the need to start a preliminary investigation in the situation in the Myanmar, which is obtained for the Prosecutor after a brief review of the issue and the supporting reasons according to Article 15(1) of the Statute. But there is a doubt that the Prosecutor was forced to resort to the mechanism of Article 19(3) of the Statute. If the prosecutor was sure that the principle of objective territorial jurisdiction and the effect of the Bangladesh’s membership in the situation of the Myanmar is the basis for exercising the ICC’s jurisdiction, perhaps she would not resort the mechanism of Article 19(3) of the Statute instead of the mechanism of Articles 15(3) and 18(2) of the Statute and preliminaries.Second, recourse to the mechanism of Article 19(3) of the Statute has led to the disregard of the requirements of Article 19(2) of the Statute governing Article 18(7) of the Statute, which is related to Article 15(3) of the Statute. The competent state’s objection to the ICC jurisdiction depends on the Prosecutor’s resort to the mechanism of Articles 15(3) and 18 of the Statute, which was missing in the process of hearing and issuing the ruling on jurisdiction in the situation of the Myanmar. Therefore, the Prosecutor’s resort to Article 19(3) of the Statute without observing the formalities in Articles 15(3) and 18 of the Statute had a negative impact on the position of the state objecting to the application of complementary jurisdiction of the ICC at the stage of issuing the decision to accept jurisdiction in the situation of the Myanmar. These requirements are one of the components of a fair trial and the granting of the opportunity to challenge the ICC’s complementary jurisdiction, which was fulfilled by the prosecutor in accordance with the procedures of Articles 15(3) and 18(2) of the Statute, but did not. The right to object to the application of the complementary jurisdiction of the ICC or to prevent it by using the mechanism in Articles 18 and 19(2) of the Statute is for the state claiming criminal jurisdiction in the crimes under the ICC jurisdiction in which the Prosecutor is applying for permission to start an investigation. According to Article 15(3) of the Statute, the Prosecutor requests permission to start a preliminary investigation, and the state claiming jurisdiction immediately objects to it by resorting to Articles 18 and 19(2) of the Statute to prohibit the ICC’s complementary jurisdiction. Although this possibility is weak in the situation of the Myanmar, it should not be prejudged. Therefore, the judicial procedure thought out a solution to avoid ignoring the rights of the competent state in this regard. Therefore, the competent state’s objection to the ICC jurisdiction at the stage of issuing the order accepting the ICC’s jurisdiction was postponed to the next stage, i.e. the stage of issuing the order for the prosecutor’s preliminary investigation in the Myanmar situation

Post-saccadic Eye Movement Indices Under Cognitive Load: A Path Analysis to Determine Visual Performance

Purpose: The evidence on the linear relationship between cognitive load, saccade, fixation, and task performance was uncertain. We tested pathway models for degraded task performance resulting from changes in saccadic and post-saccadic fixation under cognitive load. Methods: Participants’ (n = 38) eye movements were recorded using a post-saccadic discrimination task with and without arithmetic operations to impose cognitive load, validated through recording heart rate variability and subjective measurement. Results: Results showed that cognitive load led to longer latencies of saccade and fixation; more inaccurate responses and fewer secondary saccades (P < 0.001). Longer saccade latencies influenced task performance indirectly via increases in fixation latency, therefore, longer reaction times and higher response errors were observed due to limited fixation duration on desired target. Conclusion: We suggest that latency and duration of fixation indicate efficiency of information processing and can predict the speed and accuracy of task performance under cognitive load

Free will in addictive behaviors:A matter of definition

Certain people are at risk for using alcohol or other drugs excessively and for developing problems with their use. Their susceptibility might arise from a variety of factors, including their genetic make-up, brain chemistry, family background, personality and other psychological variables, and environmental and sociocultural variables. Moreover, after substance use has become established, there are additional cognitive-motivational variables (e.g., substance-related attentional bias) that contribute to enacting behaviors consistent with the person's motivation to acquire and use the substance. People who are at such risk are likely to choose to use addictive substances even though doing so entails negative consequences. In the sense of complete freedom from being determined by causal factors, we believe that there is no such thing as free will, but defined as ability to make choices from among multiple options, even though the choices are ultimately governed by natural processes, addicted individuals are free to choose. Although they might appear unable to exercise this kind of free will in decisions about their substance use, addictive behaviors are ultimately always goal-directed and voluntary. Such goal pursuits manifest considerable flexibility. Even some severely addicted individuals can cease their use when the value of continuing the use abruptly declines or when the subjective cost of continuing the use is too great with respect to the incentives in other areas of their lives. Formal treatment strategies (e.g., contingency management, Systematic Motivational Counseling, cognitive training) can also be used to facilitate this reversal

Benefiting from Energy-Hub Flexibilities to Reinforce Distribution System Resilience : A Pre- and Post-Disaster Management Model

The proliferation of power-to-gas technology can propound a tailored platform to physically integrate power systems and natural gas grids. These integrated energy systems with different spatial-temporal properties not only could provide significant flexibilities to properly mitigate existing and imminent challenges, but also could increase the robustness of power systems in facing unpredicted conditions. Keeping this in mind, this article outlines a novel conservative two-stage model to improve the resilience of distribution systems against extreme hurricanes. To this end, at the first stage, a pre-disaster scheduling is executed to increase preparedness and robustness of the power system before approaching the tornado. The preparedness index is defined as the sum of energy stored in the electric vehicles and natural gas storages that should be maximized. Subsequently, at the second stage after the recognition of the tornado, some proactive post-disaster actions such as grid partitioning, network reconfiguration, demand-side management, and distributed series reactors are applied to minimize the degradation and vulnerability of the power system. An integrated gas and electricity power flow is proposed in a linear computationally efficient fashion capable of modeling the worst-case scenario. The effectiveness of the model is examined on a distribution grid with multiple energy hubs.© 2022 Authors. Published by IEEE. This work is licensed under a Creative Commons Attribution 4.0 License. For more information, see https://creativecommons.org/licenses/by/4.0/fi=vertaisarvioitu|en=peerReviewed

A Parallel Fast-Track Service Restoration Strategy Relying on Sectionalized Interdependent Power-Gas Distribution Systems

In the distribution networks, catastrophic events especially those caused by natural disasters can result in extensive damage that ordinarily needs a wide range of components to be repaired for keeping the lights on. Since the recovery of system is not technically feasible before making compulsory repairs, the predictive scheduling of available repair crews and black start resources not only minimizes the customer downtime but also speeds up the restoration process. To do so, this paper proposes a novel three-stage buildup restoration planning strategy to combine and coordinate repair crew dispatch problem for the interdependent power and natural gas systems with the primary objective of resiliency enhancement. In the proposed model, the system is sectionalized into autonomous subsystems (i.e., microgrid) with multiple energy resources, and then concurrently restored in parallel considering cold load pick-up conditions. Besides, topology refurbishment and intentional microgrid islanding along with energy storages are applied as remedial actions to further improve the resilience of interdependent systems while unpredicted uncertainties are addressed through stochastic/IGDT method. The theoretical and practical implications of the proposed framework push the research frontier of distribution restoration schemes, while its flexibility and generality support application to various extreme weather incidents.©2022 IEEE. Personal use of this material is permitted. Permission from IEEE must be obtained for all other uses, in any current or future media, including reprinting/republishing this material for advertising or promotional purposes, creating new collective works, for resale or redistribution to servers or lists, or reuse of any copyrighted component of this work in other works.fi=vertaisarvioitu|en=peerReviewed

Langerian mindfulness and language learning

In the current article, the tenets of Langerian mindfulness and the principles of the main approaches towards language learning, that is, the environmentalist, innatist, and interactionist approaches will be reviewed and discussed. Through this review, we show what commonalities exist between the two sides of the study (i.e., mindfulness theory and language learning) and how mindfulness theory can cooperate in and facilitate the language learning process