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A Conjunction of Mysteries
(2016)
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.
Beyond the Crystal-Image
(2016)
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.
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.
The concept of three journeys as a way to denote spiritual development was introduced
by Dhu al-Nun, one of the founding fathers of Islamic mysticism. The use of this
concept was later refined by combining it with the Sufi technique of adding different
prepositions to a certain term, in order to differentiate between spiritual stages. By
using the words journey (Safar) and God (Allah) and inserting a preposition before the
word God, Sufi writers could map the different roads to God or the stations (Maqamat) on this road. Ibn al-'Arabi, in the beginning of the thirteenth century, speaks of three
different ways: from God, toward God and in God. Tanchum ha-Yerushalmi, the Judeo
Arabic biblical commentator from the end of this century, speaks of the three journeys
as three stations of one continuous way. A nearly identical description we can find in
the writing of the Muslim scholar Ibn Qayyim al-Jawziyya, a generation later. Later in
the fourteenth century, in the writing of the Sufi writer al-Qashani, the three travels
become four, although the scheme of three prepositions is preserved. Near the end of
the fourteenth century, in the writings of R. David ha-Nagid, we find only two journeys:
to God and in God. All this tells us that Judeo Arabic literature can help us map
with greater precision the historical development of Sufi ideas.
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.