Seven Canons of ICC Treaty Interpretation: Making Sense of Article 25's Rorschach Blot

2014 ◽  
Vol 27 (3) ◽  
pp. 755-788 ◽  
Author(s):  
LEILA NADYA SADAT ◽  
JARROD M. JOLLY
Keyword(s):  
Rome Statute ◽  
Correct Interpretation ◽  
International Treaty ◽  
Making Sense ◽  
Treaty Interpretation ◽  
Substantive Law ◽  
Interpretative Framework

AbstractThis article draws on well-established understandings of international treaty interpretation and the role of the judicial function to propose seven canons of treaty construction that may serve as the basis of a principled interpretation of the substantive law of the Rome Statute. This interpretative framework is then applied to the seemingly intractable debate within the Court and among scholars over the correct interpretation of Article 25, on modes of liability. The seven canons provide guidelines that may enable the ‘Rorschach blot’ of Article 25, capable of many divergent interpretations, to become uniformly and consistently understood and interpreted.

Parties to Non-International Armed Conflicts under International Treaty Law

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Treaty ◽  
Armed Group ◽  
Applicable Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Treaty Law ◽  
Treaty Interpretation

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

Scriptural Battlefields: The Old Testament, Legal Culture, and the Polemics of the Spanish New World Empire, 1492–1821

2019 ◽  
Author(s):  
Jorge Cañizares-Esguerra ◽  
Adrian Masters
Keyword(s):  
Old Testament ◽  
Social Order ◽  
New World ◽  
Legal Culture ◽  
Spanish Empire ◽  
Correct Interpretation ◽  
Group Status ◽  
History Of ◽  
New Social Order

Scholars have barely begun to explore the role of the Old Testament in the history of the Spanish New World. And yet this text was central for the Empire’s legal thought, playing a role in its legislation, adjudication, and understandings of group status. Institutions like the Council of the Indies, the Inquisition, and the monarchy itself invited countless parallels to ancient Hebrew justice. Scripture influenced how subjects understood and valued imperial space as well as theories about Paradise or King Solomon’s mines of Ophir. Scripture shaped debates about the nature of the New World past, the legitimacy of the conquest, and the questions of mining, taxation, and other major issues. In the world of privilege and status, conquerors and pessimists could depict the New World and its peoples as the antithesis of Israel and the Israelites, while activists, patriots, and women flipped the script with aplomb. In the readings of Indians, American-born Spaniards, nuns, and others, the correct interpretation of the Old Testament justified a new social order where these groups’ supposed demerits were in reality their virtues. Indeed, vassals and royal officials’ interpretations of the Old Testament are as diverse as the Spanish Empire itself. Scripture even outlasted the Empire. As republicans defeated royalists in the nineteenth century, divergent readings of the book, variously supporting the Israelite monarchy or the Hebrew republic, had their day on the battlefield itself.

CERAMICS BASED ON ORGANOSILICON POLYMERS-PRECURSORS: MICROSTRUCTURE AND PROPERTIES (review). Part 2

2021 ◽  
pp. 22-32
Author(s):  
A.M. Shestakov ◽  
Keyword(s):  
Electron Microscopy ◽  
Nmr Spectroscopy ◽  
Material Properties ◽  
Structural Organization ◽  
Ceramic Materials ◽  
Special Role ◽  
Correct Interpretation ◽  
Instrumental Methods ◽  
Organosilicon Polymers

Shows the scientific approaches of various authors to the study of the microstructure of ceramics, the purpose of which is to elucidate its structural organization at the micro- and nanoscale, as well as the influence of the microstructure on the complex of material properties. Various instrumental methods for studying ceramics (NMR spectroscopy, electron microscopy, х-ray structural analysis, etc.) are considered, the permissible capabilities of research methods and analysis of the results obtained with their correct interpretation are shown. The special role of theoretical modeling in understanding the structure of the considered ceramic materials is noted.

Domestic Property Violence: A Distinct and Damaging Form of Parent Abuse

2015 ◽  
Vol 33 (4) ◽  
pp. 617-636 ◽  
Author(s):  
Latesha Murphy-Edwards ◽  
Kate van Heugten
Keyword(s):  
Interpretative Phenomenological Analysis ◽  
Meaning Making ◽  
Medium Size ◽  
Mixed Method Research ◽  
Structured Interviews ◽  
Parent Abuse ◽  
Making Sense ◽  
Qualitative Phase ◽  
Interpretative Framework ◽  
Property Violence

This article reports on the qualitative phase of mixed method research conducted in a medium-size city in New Zealand, which examined 14 parents’ experiences of child- and youth-perpetrated domestic property violence (DPV). The research used semi-structured interviews and interpretative phenomenological analysis, enabling parents’ perceptions of the causes and impacts of this form of family violence to be explored in depth. Three superordinate themes were identified in the analysis: damage done, the various impacts of DPV; staying safe and sane; and making sense of DPV, parents’ perspectives. An ecological meaning-making theory emerged from the data and provided an overarching interpretative framework for considering the themes both separately and together. The findings showed that DPV is a distinct form of parent abuse and one that can have serious impacts of a financial, emotional, and relational nature. The theoretical and practical implications of the findings are discussed along with ideas for further research into this problem.

scholarly journals States’ Mouthpieces or Independent Practitioners? The Role of Counsel before the ICJ from the Perspective of the Legal Value of their Oral Pleadings

2021 ◽  
Vol 20 (1) ◽  
pp. 54-76
Author(s):  
Marco Longobardo
Keyword(s):  
International Law ◽  
State Responsibility ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
State Practice ◽  
The Icj ◽  
Treaty Interpretation

Abstract This article explores the role of counsel before the International Court of Justice, taking into account their tasks under the Statute of the Court and the legal value of their pleadings in international law. Pleadings of counsel constitute State practice for the formation of customary international law and treaty interpretation, and they are attributable to the litigating State under the law on State responsibility. Accordingly, in principle, counsel present the views of the litigating State, which in practice approves in advance the pleadings. This consideration is relevant in discussing the role of counsel assisting States in politically sensitive cases, where there is no necessary correspondence between the views of the States and those of their counsel. Especially when less powerful States are parties to the relevant disputes, the availability of competent counsel in politically sensitive cases should not be discouraged since it advances the legitimacy of the international judicial function.

scholarly journals Autopsy dissection techniques and investigations in deaths due to COVID-19 triggered fungal infections - A diagnostic review

2021 ◽  
Vol 8 (4) ◽  
pp. 207-213
Author(s):  
Himanshi Narang ◽  
Amit Patil
Keyword(s):  
Fungal Infection ◽  
Paranasal Sinuses ◽  
Fungal Infections ◽  
Invasive Disease ◽  
Invasive Fungal Infections ◽  
Correct Interpretation ◽  
Research Papers ◽  
Dissection Techniques ◽  
Second Wave

The COVID-19 pandemic, which originated from Wuhan, China, has rapidly spread worldwide, including India. As India grappled with the second wave, COVID-triggered fungal infection has suddenly risen tremendously, raising a sense of panic in the country. The fungal infection in COVID-19 includes Mucormycosis and Aspergillosis, as common fungal infections primarily affecting rhino-orbital structures. Many research papers have published postmortem findings in autopsies conducted on COVID-19 decedents, thereby helping to understand this contagious disease's pathogenesis. But, with the arrival of COVID-triggered fungal infection, which is a crucial invasive disease responsible for fatality, very few research papers have commented on the postmortem findings of invasive fungal infections affecting the rhino-orbital and craniocerebral structures in COVID-19 deaths. Therefore, the role of invasive fungal infection due to COVID-19 illness must be established in the causation of deaths in COVID-19 patients. This review research deals with autopsy dissection techniques and possible postmortem findings of invasive fungal infections involving the nasal and paranasal sinuses and orbital structures in COVID-19 deaths. The findings of fungal infection affecting nasal and paranasal systems may not differ in live patients and in a deceased; however, it is essential that correct interpretation of the postmortem findings aided by pre-or post-autopsy investigations is necessary to establish the role of covid triggered fungal infection in such deaths.

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