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

Loop Quantum Cosmology and the Fine Structure Constant

The cosmological implications of introducing a variation to the fine structure `constant', \alpha are examined within the context of Loop Quantum Cosmology. The evolution of \alpha is described using the model introduced by Bekenstein, Sandvik, Barrow and Magueijo, in which a ghost scalar field produces the variation. The dynamics of the system are examined in flat and closed cosmological settings. Matter consisting of the scalar field and radiation are examined with a thermodynamically motivated coupling between the two, which can lead to a series of bounces induced by both the negative density effects of the ghost field and the loop effects.Comment: 10 pages, 5 figure

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

Hide seek and negotiate: Alfred Cope and counter intelligence in Ireland 1919–1921

British intelligence in Ireland between 1919 and 1921 has been characterized as a toxic mix of incompetence and mendacity. This article will challenge this judgement by examining the activities, impact and consequences of a British civil servant, Alfred Cope, who between 1920 and 1921 was an Assistant Under Secretary in Dublin Castle. Using the three criteria of counter-intelligence operations: the ability to locate, identify and neutralize a target, it will be shown that within months of his posting to Dublin British intelligence, albeit inadvertently, had located and identified him as passing classified information to Sinn Fein. Political patronage meant the ability of the intelligence community to neutralize his impact was nugatory. Latterly Cope recognized the consequences of his actions reverberated beyond the period of his time in Ireland

Minimal Coupling and Attractors

The effects of minimally coupling a gravity to matter on a flat Robertson-Walker geometry are explored. Particular attention is paid to the evolution of the symplectic structure and the Liouville measure it defines. We show that the rescaling freedom introduced by choice of fiducial cell leads to a symmetry between dynamical trajectories, which together with the Liouville measure provides a natural volume weighting explanation for the generic existence of attractors.Comment: 11 page

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

The hope that will not abide

Paper presented at the conf Faith, freedom and the academy: the idea of the university in the 21st century, Univ of Prince Edward Island, O 1-3 2004