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This paper will turn into a contribution to a book on community obligations. It focusses on third parties' rights and obligations in armed conflict.
It is often said that international law has developed from a legal order which is designed to protect sovereignty to a system which also promotes community interests. This shift is said to be reflected in structural changes of the legal system. The creation of rights and obligations for third parties is generally seen as a part of this perceived paradigmatic shift. Community interests can be furthered either by negative duties of abstention, by an entitlement for third states, or even by duties to take positive measures. Since the shift towards protecting community interests apparently requires some form of cooperation, positive rights and duties to protect and to promote appear to be indispensable. Authors relying on a community perspective often dismiss duties of abstention as an expression of indifference in the face of a violation of a fundamental norm. Solidarity seems to require that third states take a more proactive role in actively enforcing community interests.
The paper aims to test this understanding on the basis of an analysis of rights and obligations of third states in armed conflict. In order to argue that duties of abstention of third states are a central instrument for promoting community interests in relation to armed conflicts, the paper will first trace pertinent structural changes in international law. In particular, it will question the extent to which positive rights and obligations of third states have been firmly established in international law. In a second step, this contribution will evaluate the overall tendencies in the ongoing lawmaking process for promoting community interests in relation to armed conflict.
Caribbean States organised in CARICOM recently brought forward reparation claims against several European States to compensate slavery and (native) genocides in the Caribbean and even threatened to approach the International Court of Justice. The paper provides for an analysis of the facts behind the CARICOM claim and asks whether the law of state responsibility is able to provide for the demanded compensation. As the intertemporal principle generally prohibits retroactive application of today’s international rules, the paper argues that the complete claim must be based on the law of state responsibility governing in the time of the respective conduct. An inquiry into the history of primary (prohibition of slavery and genocide) as well as secondary rules of State responsibility reveals that both sets of rules were underdeveloped or non-existent at the times of slavery and alleged (native) genocides. Therefore, the author concludes that the CARICOM claim is legally flawed but nevertheless worth the attention as it once again exposes imperial and colonial injustices of the past and their legitimization by historical international law and international/natural lawyers.
This article re-examines the relationship between Africa and the International Criminal Court (ICC). It traces the successive changes of the African attitude towards this Court, from states' euphoria, to hostility against its work, to regional counter-initiatives through the umbrella of the African Union (AU). The main argument goes beyond the idea of "the Court that Africa wants" in order to identify concrete reasons behind such a formal argument which may have fostered, if not enticed, the majority of African states to become ICC members and actively cooperate with it, when paradoxically some great powers have decided to stay outside its jurisdiction. It also seeks to understand, from a political and legal viewpoint, which parameters have changed since then to provoke that hostile attitude against the Court's work and the entrance of the AU into the debate through the African Common Position on the ICC. Lastly, this article explores African alternatives to the contested ICC justice system. It examines the need to reform the Rome Statute in order to give more independence, credibility and legitimacy to the ICC and its duplication to some extent by the new "Criminal Court of the African Union". Particular attention is paid to the resistance against this idea to reform the ICC justice system.
The paper undertakes a preliminary assessment of current developments of international law for the purpose of mapping the ground for a larger research project. The research project pursues the goal of determining whether public international law, as it has developed since the end of the Cold War, is continuing its progressive move towards a more human-rights- and multi-actor-oriented order, or whether we are seeing a renewed emphasis of more classical elements of international law. In this context the term “international rule of law” is chosen to designate the more recent and “thicker” understanding of international law. The paper discusses how it can be determined whether this form of international law continues to unfold, and whether we are witnessing challenges to this order which could give rise to more fundamental reassessments.
In order to evade detection by network-traffic analysis, a growing proportion of malware uses the encrypted HTTPS protocol. We explore the problem of detecting malware on client computers based on HTTPS traffic analysis. In this setting, malware has to be detected based on the host IP address, ports, timestamp, and data volume information of TCP/IP packets that are sent and received by all the applications on the client. We develop a scalable protocol that allows us to collect network flows of known malicious and benign applications as training data and derive a malware-detection method based on a neural networks and sequence classification. We study the method's ability to detect known and new, unknown malware in a large-scale empirical study.
Well-developed phonological awareness skills are a core prerequisite for early literacy development. Although effective phonological awareness training programs exist, children at risk often do not reach similar levels of phonological awareness after the intervention as children with normally developed skills. Based on theoretical considerations and first promising results the present study explores effects of an early musical training in combination with a conventional phonological training in children with weak phonological awareness skills. Using a quasi-experimental pretest-posttest control group design and measurements across a period of 2 years, we tested the effects of two interventions: a consecutive combination of a musical and a phonological training and a phonological training alone. The design made it possible to disentangle effects of the musical training alone as well the effects of its combination with the phonological training. The outcome measures of these groups were compared with the control group with multivariate analyses, controlling for a number of background variables. The sample included N = 424 German-speaking children aged 4–5 years at the beginning of the study. We found a positive relationship between musical abilities and phonological awareness. Yet, whereas the well-established phonological training produced the expected effects, adding a musical training did not contribute significantly to phonological awareness development. Training effects were partly dependent on the initial level of phonological awareness. Possible reasons for the lack of training effects in the musical part of the combination condition as well as practical implications for early literacy education are discussed.
Tarkovsky’s legacy
(2016)
Archaeology can be understood as a tool used in the process of identity formation,
contributing to a sense of belonging and unity within a diverse set of communities.
Research was conducted with the intention of analyzing the wide range of perceptions
regarding archaeological sites in the mixed city of Lod, Israel. I explored the impact of
urban cultural heritage on shaping the identity of local Jewish and Arab children, who
were chosen as the youngest active members of society living in the city, and who
participated in the 2013 archaeological excavation season at the Khan al-Hilu. Israel is
an ideal location for such research, due to its nature as simultaneously being the focus
of extensive archaeological excavations as well as being the setting of an intractable conflict. Ancestral attachment to the land serves as a foundation for the collective
identity of both Jews and Arabs. Yet, each community and individual may relate differently
to the surrounding archaeological sites, which is further shaped by their sense of
societal hierarchy and cultural heritage.