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The article analyses whether the Palestinian-Israeli conflict has served as a catalyst for the development of international law, as well as whether international law has been instrumental in attempting to find solutions for the said conflict.
In several ways, this conflict has made a significant contribution to understanding and interpreting the UN Charter. It also brought along important developments about the role of third parties, both under the Geneva Conventions and under the law of state responsibility, which provides for an obligation of not recognizing as legal, or not rendering aid or assistance to situations caused by serious violations of jus cogens.
International judicial institutions (and also domestic ones) play a rather limited role in this respect, due both to a lack of courage to address fundamental questions, and/or a disregard of the outcome of the proceedings by at least one of the parties to the conflict. Other reasons are Israel's reluctance of accepting the jurisdiction of either the ICJ or the ICC, and its view on the non-applicability of human rights treaties outside of its territory, as well as Palestine's uncertain status in the international community limiting its access to international courts. However, the ICJ's 2004 (formally non-binding) advisory opinion on the Israeli Wall provided answers to some of the most fundamental questions related to the conflict, unfortunately without having any immediate impact on the situation on the ground. Given Palestine's accession to the Rome Statute in early 2015, time has yet to show which role in the process will be played by the ICC.
Other issues arising from the conflict, and examined by this article, are that of (Palestinian) statehood, going beyond the traditional concept of statehood and including the consequences of the jus cogens-character of the right of self-determination, as well as questions of treaty succession and succession in matters of State responsibility with regard to acts committed by the PLO.
This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes.
Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.
Sexual aggression victimization and perpetration among female and male university students in Poland
(2015)
This study examined the prevalence of victimization and perpetration of sexual aggression since age 15 in a convenience sample of 565 Polish university students (356 females). The prevalence of sexual aggression was investigated for both males and females from the perspectives of both victims and perpetrators in relation to three coercive strategies, three different victim–perpetrator relationships, and four types of sexual acts. We also examined the extent to which alcohol was consumed in the context of sexually aggressive incidents. The overall self-reported victimization rate was 34.3% for females and 28.4% for males. The overall perpetration rate was 11.7% for males and 6.5% for females. The gender difference was significant only for perpetration. Prevalence rates of both victimization and perpetration were higher for people known to each other than for strangers. In the majority of victimization and perpetration incidents, alcohol was consumed by one or both parties involved. The findings are discussed in relation to the international evidence and the need for tailored risk prevention and reduction programs.
Sexual aggression victimization and perpetration among female and male university students in Poland
(2015)
This study examined the prevalence of victimization and perpetration of sexual aggression since age 15 in a convenience sample of 565 Polish university students (356 females). The prevalence of sexual aggression was investigated for both males and females from the perspectives of both victims and perpetrators in relation to three coercive strategies, three different victim–perpetrator relationships, and four types of sexual acts. We also examined the extent to which alcohol was consumed in the context of sexually aggressive incidents. The overall self-reported victimization rate was 34.3% for females and 28.4% for males. The overall perpetration rate was 11.7% for males and 6.5% for females. The gender difference was significant only for perpetration. Prevalence rates of both victimization and perpetration were higher for people known to each other than for strangers. In the majority of victimization and perpetration incidents, alcohol was consumed by one or both parties involved. The findings are discussed in relation to the international evidence and the need for tailored risk prevention and reduction programs.
Kill one or kill them all?
(2015)
Research indicates individual pathways towards school attacks and inconsistent offender profiles. Thus, several authors have classified offenders according to mental disorders, motives, or number/kinds of victims. We assumed differences between single and multiple victim offenders (intending to kill one or more than one victim). In qualitative and quantitative analyses of data from qualitative content analyses of case files on seven school attacks in Germany, we found differences between the offender groups in seriousness, patterns, characteristics, and classes of leaking (announcements of offences), offence-related behaviour, and offence characteristics. There were only minor differences in risk factors. Our research thus adds to the understanding of school attacks and leaking. Differences between offender groups require consideration in the planning of effective preventive approaches.
This article examines the use of performance information by public managers. It reviews literature on the impact of attitudes and social norm and puts forward a psychological-cognitive model based on the theory of planned behavior. The article finds support for this model emphasizing that performance data use is a goal-directed, reasoned action. Another critical result is that managers who consciously intend to use performance data also make sure that the data in their division are of good quality which, in turn, fosters information use. These findings indicate thatin addition to organizational routinescognitive factors are promising starting points for interventions to foster managers' data use. The article is based on survey data from German cities.
In the last 10 years, the governments of most of the German Lander initiated administrative reforms. All of these ventures included the municipalization of substantial sets of tasks. As elsewhere, governments argue that service delivery by communes is more cost-efficient, effective and responsive. Empirical evidence to back these claims is inconsistent at best: a considerable number of case studies cast doubt on unconditionally positive appraisals. Decentralization effects seem to vary depending on the performance dimension and task considered. However, questions of generalizability arise as these findings have not yet been backed by more 'objective' archival data. We provide empirical evidence on decentralization effects for two different policy fields based on two studies. Thereby, the article presents alternative avenues for research on decentralization effects and matches the theoretical expectations on decentralization effects with more robust results. The analysis confirms that overly positive assertions concerning decentralization effects are only partially warranted. As previous case studies suggested, effects have to be looked at in a much more differentiated way, including starting conditions and distinguishing between the various relevant performance dimensions and policy fields.