Shaping the Contours of Domestic Justice: The International Criminal Court and an Admissibility Challenge in the Uganda Situation

In December 2003, the Government of Uganda referred the situation in conflict-torn northern Uganda to the nascent International Criminal Court. It was the first referral by a State Party under Article 14 of the Rome Statute of ICC and led to the indictment of five leaders of the Lord’s Resistance Army (LRA). Four years later, Uganda found itself in the midst of promising peace negotiations with the LRA. A major obstacle to a final agreement was the refusal of the indicted leaders to face ICC justice. Seeking to peacefully resolve the conflict, the Government signed a preliminary agreement in which it would assume the prosecution of the indictees. Under the principle of complementarity embedded in Article 17 of the Rome Statute, the ICC cannot prosecute where a jurisdictional state has undertaken investigation or prosecution, unless the State’s action is in an attempt to shield the accused from justice. However, with the case against the LRA leaders already deemed admissible, an admissibility challenge would be necessary to withdraw the ICC indictments. This paper examines the various and complex issues regarding both the nature of challenging admissibility generally and particular issues that arise from such challenges in the context of State self-referrals. The article proposes three different visions of complementarity as a means of understanding the boundaries within which the Court may situate a decision, and applies them to the hypothetical situation of an admissibility challenge to the LRA indictments. The options of both the indictees and Uganda are explored and the prospects for a successful challenge are examined. The paper concludes by suggesting a critical role for the Court in both resolving conflict and shaping the contours of acceptable domestic efforts to bring those responsible for grave crimes to justice

Book Review: Excellence vs. Equality: Can Society Achieve Both Goals?

Exhausted from the 2015-2016 election season, one may want to escape its overheated rhetoric and nasty partisanship. But the societal conditions that led Democrats, Republicans, and Independents to assert loudly, “The system is rigged!” hangs in the air. Ordinary folks feel left behind and wronged. They believe that they are working harder than ever and getting nowhere, perhaps even falling backwards, experiencing few chances for mobility or success. From millennials to retired Boomers, countless American voters are frustrated and angry. Their concerns are real, and we ignore their issues at our peril. In his new book, Excellence vs. Equality, Allan C. Ornstein, professor of education at St. Johns University, asks how we as a nation address the question: “Can our society achieve both excellence and equality?” Using reinforcing references and data points, Ornstein deconstructs the issues of opportunity, excellence, equality, meritocracy, and inherited wealth and describes their impact on economic mobility and achieving the American dream. How we answer his question will shape our society and “the kind of people we are—or think we are” (see Ornstein, 2014)

Shaping the Contours of Domestic Justice: The International Criminal Court and an Admissibility Challenge in the Uganda Situation

In December 2003, the Government of Uganda referred the situation in conflict-torn northern Uganda to the nascent International Criminal Court. It was the first referral by a State Party under Article 14 of the Rome Statute of ICC and led to the indictment of five leaders of the Lord’s Resistance Army (LRA). Four years later, Uganda found itself in the midst of promising peace negotiations with the LRA. A major obstacle to a final agreement was the refusal of the indicted leaders to face ICC justice. Seeking to peacefully resolve the conflict, the Government signed a preliminary agreement in which it would assume the prosecution of the indictees. Under the principle of complementarity embedded in Article 17 of the Rome Statute, the ICC cannot prosecute where a jurisdictional state has undertaken investigation or prosecution, unless the State’s action is in an attempt to shield the accused from justice. However, with the case against the LRA leaders already deemed admissible, an admissibility challenge would be necessary to withdraw the ICC indictments. This paper examines the various and complex issues regarding both the nature of challenging admissibility generally and particular issues that arise from such challenges in the context of State self-referrals. The article proposes three different visions of complementarity as a means of understanding the boundaries within which the Court may situate a decision, and applies them to the hypothetical situation of an admissibility challenge to the LRA indictments. The options of both the indictees and Uganda are explored and the prospects for a successful challenge are examined. The paper concludes by suggesting a critical role for the Court in both resolving conflict and shaping the contours of acceptable domestic efforts to bring those responsible for grave crimes to justice

Electroweak Matrix Elements in the Two-Nucleon Sector from Lattice QCD

We demonstrate how to make rigorous predictions for electroweak matrix elements in nuclear systems directly from QCD. More precisely, we show how to determine the short-distance contributions to low-momentum transfer electroweak matrix elements in the two-nucleon sector from lattice QCD. In potential model descriptions of multi-nucleon systems, this is equivalent to uniquely determining the meson-exchange currents, while in the context of nuclear effective field theory, this translates into determining the coefficients of local, gauge-invariant, multi-nucleon-electroweak current operators. The energies of the lowest-lying states of two nucleons on a finite volume lattice with periodic boundary conditions in the presence of a background magnetic field are sufficient to determine the local four-nucleon operators that contribute to the deuteron magnetic moment and to the threshold cross-section of n + p -> d + gamma. Similarly, the energy-levels of two nucleons immersed in a background isovector axial weak field can be used to determine the coefficient of the leading local four-nucleon operator contributing to the neutral- and charged-current break-up of the deuteron. This is required for the extraction of solar neutrino fluxes at SNO and future neutrino experiments.Comment: 22 pages, 4 figure

Time Well Spent Eight Powerful Practices of Successful Expanded Time Schools Schools Moving Up Webinar Presentation

What are the most effective strategies for expanding learning time, and how can schools make the most of this important resource?This webinar explores some of the answers proposed by a National Center on Time and Learning study, Time Well Spent: Eight Powerful Practices of Successful Expanded-Time Schools. You will learn how highly successful schools have expanded time for their students and teachers. School leaders from a few of the 30 schools studied in this report speak first-hand about choices they have made in designing a successful expanded-time school

Education as an Investment in Turkey\u27s Human Capital: A Work in Progress

As a nation, Turkey sees education as an essential component in building its economy to world class levels. Yet school equity and teacher quality issues are preventing Turkey from fully developing its human capital. Authors discuss the concept of education as an investment in human capital, Turkey’s human capital challenges, equity practices which undermine the widespread development of Turkey’s human capital, how improving teacher quality could help remedy the situation, and recommendations to strengthen Turkey’s education as an investment in human capital

The Long-Term Impact of Educational and Health Spending on Unemployment Rates

This study used panel data regression analysis to evaluate the long-term effects of several measures of U.S. education expenditure on unemployment rates in 50 states and Washington D.C. over 25 years. The data included state-level statistics for fiscal effort, graduation rates, education spending per pupil, gross state product per capita, welfare spending, health spending, political party affiliation, union versus nonunion states, and unemployment rates. Results find that the best way to effectively reduce unemployment is investment in improving the quality of human capital through funding education. Findings specifically conclude that over the long term, investment in human capital through education as defined by per-pupil spending and health services could play a significant role in reducing unemployment rates