Prosecutor v Todorovic: illegal capture as an obstacle to the exercise of international criminal jurisdiction

For years the majority of those individuals publicly indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) remained at large due to a lack of co-operation from states whose assistance was required to effect their arrest. In order to assist in this regard, various operations have been undertaken since 1997 by which UN and regional missions have taken steps to assist the ICTY in the difficult task of bringing accused before the Tribunal in The Hague. Such steps were taken in the case of Stevan Todorovic, who was captured and transferred to The Hague by means of an operation shrouded in secrecy and alleged to have involved illegal behaviour on the part of the NATO-led Stabilization Force. The following article discusses the nature of Todorovic's arrest (based on the limited facts available) and his various attempts to have his indictment dismissed due to the nature of his arrest. In so doing, it considers the state of the law regarding the appropriateness of an international judicial body proceeding with the trial of an individual brought before it by potentially illegal means. Although a plea agreement was reached in the case, with the result that the judicial consideration of the issues is limited, important issues are nevertheless raised in the arguments of the Office of the Prosecution and the defence counsel which are likely to recur in similar cases in the future

Prosecutor v Dragan Nikolic: decision on defence motion on illegal capture

In November 1994 the International Criminal Tribunal for the former Yugoslavia (ICTY), indicted its first accused, Dragan Nikolic. It was not until over five years later, however, in April 2000, that he was finally arrested and transferred to The Hague. The circumstances of his arrest – which reportedly featured his being violently abducted from his home in the Federal Republic of Yugoslavia (FRY) by Serbian criminals before being transferred to the NATO-led Stabilization Force in Bosnia and Herzegovina and, ultimately, to the ICTY in The Hague – were the subject of a pre-trial motion. Nikolic's defence counsel asserted that the nature of his capture was such that the appropriate remedy was to dismiss the charges against him and order his return to the FRY. They made this assertion despite an admission, for the purposes of the motion, that the captors lacked any connection with SFOR or the ICTY. The trial chamber rejected the motion. In reaching its decision, the trial chamber considered fundamental issues about what constituted an illegal capture for the purposes of the ICTY and, without explicitly doing so, appeared to reject the view of the Court in <i>Eichmann</i> that a person may not oppose his being tried by reason of the illegality of his capture

Breaching international law to ensure its enforcement: the reliance by the ICTY on illegal capture

n an address to the United Nations General Assembly on 7 November 1995, Antonio Cassese, then President of the International Criminal Tribunal for the former Yugoslavia (ICTY), highlighted the difficulty of enforcing international criminal justice in the absence of state cooperation. To emphasise his point, Cassese offered an apt — if somewhat inelegant — analogy: he likened the Tribunal to a limbless giant, dependent on the ‘artificial limbs’ of the enforcement agencies of UN Member States. First among the various areas cited by Cassese where the Tribunal depended upon state cooperation was the arrest of suspected criminals living within the borders of those states. Over nine years later the problem remained acute. In a 23 November 2004 address to the Security Council, the Prosecutor of the ICTY, Carla Del Ponte, highlighted failures on the part of the governments of Croatia, Serbia and Montenegro and Bosnia and Herzegovina to arrest indictees and turn them over to the Tribunal. In particular, she mentioned the lack of cooperation by Belgrade as ‘the single most important obstacle faced by the Tribunal’ in the implementation of its strategy to complete its trials by the end of 2008

Nostalgia videogames as playable game criticism

The aim of this paper is to consider the emergence of nostalgia videogames in the context of playable game criticism. Mirroring the development of the nostalgia film in cinema, an increasing number of developers are creating videogames that are evocative of past gaming forms, designs, and styles. The primary focus of this paper is to explore the extent to which these nostalgia videogames could be considered games-on-games: games that offer a critical view on game design and development, framed by the nostalgia and cultural memory of both gamers and game developers. Theories of pastiche and parody as applied to literature, film, and art are used to form a basis for the examination of recent nostalgia videogames, all of which demonstrate a degree of reflection on the videogame medium

Why bridge the Uncanny Valley? Photorealism vs suspension of disbelief in animation

In recent years, the Uncanny Valley theory has been used to frame critical analysis of hyper­ real character animation in both film and computer games. The theory predicts that, as characters become more human­like in appearance, they run the risk of becoming unsettling to audiences. This dip in acceptability is the Uncanny Valley, and on the other side of this valley are the theoretical human simulants – characters co convincing that they are undistinguishable from real humans. However, the theory ­ which has its origins in robotics – can distract us from one of the primary aims of animation. While some character designers might be concerned with wowing their audiences with photorealistic character appearance and movement, other character animators are more concerned with exploring what it means to be human. Indeed, it can be argued that imagined characters that are unnatural in appearance and movement can in fact be more believably human than those that focus on visual mimicry. This article makes a case for an alternative approach to the Uncanny Valley for judging the aesthetics of human­like animation, with specific focus on the intentions of the animator in presenting characters that reflect human experience rather than replicate human appearance

Meteorological regimes for the classification of aerospace air quality predictions for NASA-Kennedy Space Center

A method is described for developing a statistical air quality assessment for the launch of an aerospace vehicle from the Kennedy Space Center in terms of existing climatological data sets. The procedure can be refined as developing meteorological conditions are identified for use with the NASA-Marshall Space Flight Center Rocket Exhaust Effluent Diffusion (REED) description. Classical climatological regimes for the long range analysis can be narrowed as the synoptic and mesoscale structure is identified. Only broad synoptic regimes are identified at this stage of analysis. As the statistical data matrix is developed, synoptic regimes will be refined in terms of the resulting eigenvectors as applicable to aerospace air quality predictions

An optical processor for object recognition and tracking

The design and development of a miniaturized optical processor that performs real time image correlation are described. The optical correlator utilizes the Vander Lugt matched spatial filter technique. The correlation output, a focused beam of light, is imaged onto a CMOS photodetector array. In addition to performing target recognition, the device also tracks the target. The hardware, composed of optical and electro-optical components, occupies only 590 cu cm of volume. A complete correlator system would also include an input imaging lens. This optical processing system is compact, rugged, requires only 3.5 watts of operating power, and weighs less than 3 kg. It represents a major achievement in miniaturizing optical processors. When considered as a special-purpose processing unit, it is an attractive alternative to conventional digital image recognition processing. It is conceivable that the combined technology of both optical and ditital processing could result in a very advanced robot vision system

Playing outside the box:transformative works and computer games as participatory culture

The main purpose of this study is to examine the creative fan community as a paradigm of participatory culture, from a computer games perspective. A review of relevant literature is used to examine transformative works and the related subculture in its many diverse forms. The produced discussion seeks to respond to a number of questions, such as: What exactly constitutes transformative work, what is the legal status of such work, and how can it be improved? To what extent do transformative works constitute a part of the play experience and enjoyment of games? Does participation in associated creative activities influence, shape or redefine the aforementioned experience? Can transformative works be appreciated as valuable artistic pieces on their own merits, outside the communities in which they are produced? Does the existence of the transformative work benefit the wider gaming culture from an artistic, financial or other point of view