Pathways and Determinants of Atrocity Criminalization

2020 ◽  
pp. 79-108
Author(s):  
Mark S. Berlin
Keyword(s):  
Time Series ◽  
International Association ◽  
Strong Support ◽  
Criminal Code ◽  
Statistical Analyses ◽  
Regime Type ◽  
Behavioral Dynamics ◽  
Penal Law ◽  
Global Patterns ◽  
Code Reform

This chapter presents a new, comprehensive dataset on the global spread of atrocity laws. It uses time-series statistical analyses to systematically test the book’s theory of atrocity criminalization against alternative explanations on global patterns of cases. The results provide strong support for four expectations that follow from the book’s main arguments. First, more democratic governments are more likely than autocratic ones to criminalize atrocities through targeted legislation. Second, on its own, the adoption of a new criminal code in a given state of any regime type greatly increases the likelihood that the state criminalizes atrocity offenses. Third, when governments do adopt new criminal codes, they are more likely to include atrocity offenses if the types of sources from which drafters are likely to borrow favor atrocity criminalization. Specifically, higher rates of atrocity law diffusion among regional legal peers and greater levels of embeddedness in networks influenced by the International Association of Penal Law are associated with greater likelihoods of including atrocity offenses in new criminal codes. Finally, the determinants of criminalization through criminal code reform are different than those of criminalization through targeted legislation, supporting the claim that these two pathways are the products of distinct behavioral dynamics.

Domesticating Atrocity Law

2020 ◽  
pp. 50-78
Author(s):  
Mark S. Berlin
Keyword(s):  
World War Ii ◽  
Criminal Law ◽  
International Criminal ◽  
International Association ◽  
Criminal Code ◽  
Criminal Court ◽  
International Criminal Law ◽  
Current Phase ◽  
Second Phase ◽  
Penal Law

This chapter traces the history of efforts to domesticate international atrocity law, which provides initial plausibility for the book’s central argument. The chapter locates the origins of atrocity laws in the decades prior to World War II with a community of influential European criminal law scholars, most of whom were leaders of the International Association of Penal Law (AIDP). Following the war, some of these experts helped draft the first international atrocity law treaties, and the enforcement regimes they designed relied on national enforcement through domestic legislation. Four phases of atrocity law adoption then followed. In the first phase (1945–1957), the adoption of atrocity laws was driven mostly by principled norm entrepreneurs who were actively committed to the advancement of an international criminal law regime. In the second phase (1957–1985), professionalization and emulation became central drivers of domestic atrocity criminalization. As national governments all over the world drafted new criminal codes, transnational professional influences conditioned technocratic drafters to see atrocity criminalization as important for a modern criminal code. In the third phase (1985–1998), a new wave of domestic and international attempts to prosecute government officials for past atrocities, coupled with a resurgence of foreign technical legal assistance, helped foster the conditions that made atrocity criminalization salient beyond a specialized community of professional criminal law experts. Finally, in the current phase (1998–present), international civil society groups, inspired by the creation of the International Criminal Court, have undertaken concerted public advocacy efforts to promote the domestication of atrocity law.

Global Patterns of Digital Repression

2021 ◽  
pp. 62-95
Author(s):  
Steven Feldstein
Keyword(s):  
Social Media ◽  
Time Series ◽  
Quantitative Data ◽  
Time Series Data ◽  
Regime Type ◽  
Series Data ◽  
Latent Construct ◽  
Global Patterns ◽  
The Relationship ◽  
Composite Indexes

This chapter presents quantitative data to explain the main arguments of the book. Specifically, it provides pooled, cross-national, time-series data to describe global patterns of digital repression, and it uses that data to develop and validate two composite indexes: a latent construct of digital repression and a latent construct of digital repression capacity. It discusses overall findings from the digital repression index—the relationship between regime type and digital repression, highest- and lowest-performing countries, as well as outliers. It also compares digital repression enactment to capacity, and investigates differences between autocracies and democracies. Finally, it analyzes individual components of digital repression—social media surveillance, online censorship, social manipulation and disinformation, Internet shutdowns, and arrests of online users for political content—and provide explanations for authoritarian and democratic use.

The Criminalization of Atrocities in Guatemala

2020 ◽  
pp. 109-142
Author(s):  
Mark S. Berlin
Keyword(s):  
International Association ◽  
Single Case ◽  
Strong Support ◽  
Professional Community ◽  
Secondary Sources ◽  
Causal Mechanisms ◽  
Penal Law ◽  
Elite Interviews ◽  
Technical Features ◽  
Alternative Theories

This chapter traces the process of a single case of atrocity criminalization—Guatemala in 1973—to further verify the causal mechanisms of the book’s technocratic legal borrowing thesis. It formulates and tests a set of empirical predictions that speak to the observable implications of the theory’s causal mechanisms. Using a combination of primary sources, secondary sources, and elite interviews, it finds strong support for these predictions. First, the idea to include atrocity laws in the 1973 Guatemalan criminal code likely originated with its technocratic author, Gonzalo Menéndez de la Riva, and not with international organizations, civil society organizations, or government policymakers, as alternative theories would predict. Second, two types of influence likely shaped Menéndez de la Riva’s choices to include atrocity laws: (1) the emulation of other codes from the region that were highly regarded among his professional community, and (2) professional ideas about the importance of adopting national atrocity laws that spread to the region through prominent Latin American scholars linked to the International Association of Penal Law. Finally, the Guatemalan government likely approved these laws because they perceived them as low-stakes, technical features of a modernization project, and not because they intended them to appeal to international actors or the political opposition, as alternative theories would predict.

scholarly journals Identifying global patterns of stochasticity and nonlinearity in the Earth System

2016 ◽  
Author(s):  
Fernando Arizmendi ◽  
Marcelo Barreiro ◽  
Cristina Masoller
Keyword(s):  
Time Series ◽  
Extreme Values ◽  
Surface Air Temperature ◽  
Reanalysis Data ◽  
Earth System ◽  
Entropy Analysis ◽  
Solar Forcing ◽  
The Earth ◽  
Geographical Regions ◽  
Global Patterns

Abstract. By comparing time-series of surface air temperature (SAT, monthly reanalysis data from NCEP CDAS1 and ERA Interim) with respect to the top-of-atmosphere incoming solar radiation (the insolation), we perform a detailed analysis of the SAT response to solar forcing. By computing the entropy of SAT time-series, we also quantify the degree of stochasticity. We find spatial coherent structures which are characterized by high stochasticity and nearly linear response to solar forcing (the shape of SAT time-series closely follows that of the isolation), or vice versa. The entropy analysis also allows to identify geographical regions in which there are significant differences between the NCEP CDAS1 and ERA Interim datasets, which are due to the presence of extreme values in one dataset but not in the other. Therefore, entropy maps are a valuable tool for anomaly detection and model inter-comparisons.

Covenants Without the Sword International Law and the Protection of Civilians in Times of War

2006 ◽  
Vol 58 (3) ◽  
pp. 339-377 ◽  
Author(s):  
Benjamin Valentino ◽  
Paul Huth ◽  
Sarah Croco
Keyword(s):  
Statistical Analysis ◽  
International Law ◽  
Strong Support ◽  
Theoretical Framework ◽  
Regime Type ◽  
Geneva Conventions ◽  
Long Duration ◽  
International Laws ◽  
The Hague ◽  
War Aims

Do the international laws of war effectively protect civilian populations from deliberate attack? In a statistical analysis of all interstate wars from 1900 to 2003 the authors find no evidence that signatories of The Hague or Geneva Conventions intentionally kill fewer civilians during war than do nonsignatories. This result holds for democratic signatories and for wars in which both sides are parties to the treaty. Nor do they find evidence that a state's regime type or the existence of ethnic or religious differences between combatants explains the variation in civilian targeting. They find strong support, however, for their theoretical framework, which suggests that combatants seek to kill enemy civilians when they believe that doing so will coerce their adversaries into early surrender or undermine their adversaries' war-related domestic production. The authors find that states fighting wars of attrition or counterinsurgency, states fighting for expansive war aims, and states fighting wars of long duration kill significantly more civilians than states in other kinds of wars.

scholarly journals URGENSI PEMBARUAN KITAB UNDANG-UNDANG HUKUM PIDANA : ANALISIS KAJIAN PERKARA NOMOR 46/PUU-XIV/2016

2017 ◽  
Vol 1 (1) ◽  
pp. 72-86
Author(s):  
Endang Nur Ulfah
Keyword(s):  
Judicial Review ◽  
Criminal Code ◽  
Penal Code ◽  
Constitutional Court ◽  
The Public ◽  
Colonial Legacy ◽  
Three Stages ◽  
Sense Of Justice ◽  
Needle Analysis ◽  
Code Reform

Kitab Undang-undang Hukum Pidana atau biasa disebut dengan KUHP adalah warisan kolonial Belanda yang diberlakukan di Indonesia melalui asas konkordasi dan disahkan melalui UU Nomor 1 Tahun 1946 serta diberlakukan untuk umum melalui UU Nomor 73 Tahun 1958. Artinya, KUHP yang sedang berlaku bukan terbentuk sesuai dengan karakteristik masyarakat Indonesia meskipun ada penyesuaian, itu dianggap tidak cukup. Karena itu, pembaruan KUHP secara universal juga perlu dilaksanakan agar kontras dengan bangsa Indonesia. Pengajuan permohonan uji materiil terhadap pasal dalam KUHP dengan Nomor Perkara 46/PUU-XIV/2016 merupakan gambaran bahwa pembaruan KUHP juga dikehendaki oleh masyarakat banyak. Artikel ini dibuat bertujuan untuk menggambarkan betapa lapuknya KUHP dan memberikan pengetahuan kepada pihak yang berkepentingan untuk menyegerakan pembaruan. Metode pengumpulan data dalam penelitian ini melalui tiga tahap. Pertama, wawancara dengan ahli yaitu peneliti-peneliti MK RI. Kedua, studi kepustakaan untuk memperkuat jarum analisis betapa urgennya suatu pembaruan. Ketiga, obserasi yang dilakukan selama proses persidangan perkara. Salah satu kewenangan Mahkamah konstitusi adalah menguji Undang-Undang terhadap Undang-undang Dasar. Dalam permohonan tersebut, Pasal 284 ayat (1), (2), (3), (4), (5), Pasal 285, dan Pasal 292 KUHP menggambarkan bahwa betapa pentingnya pembaruan KUHP karena keidaksesuaian ruh yang ada didalamnya. Pasal-pasal tersebut dipandang sudah sangat urgen untuk diubah. Pembaruan KUHP secara universal sangat urgen untuk disegerakan karena ini dapat menjadi faktor kriminogen bagi masyarakat dan dapat mencederai rasa keadilan. Harapannya Mahkamah Konstitusi dapat menjawab kebutuhan masyarakat tentang suatu hukum yang benar-benar hidup dalam masyarakat.The Penal Code or commonly called KUHP is the Dutch colonial legacy that prevailed in Indonesia through the principle of concordance and legalized with The Constitusion No. 1 of 1946 and enacted for the public through The Constitution No. 73 of 1958. Its means, Criminal Code that are applicable not formed by the characteristics of Indonesian society although there was an adjustment, it was not enough. Therefore, the universally Criminal Code reform should be carried out to contrast with the nation of Indonesia. The submission of judicial review of the clause of the Criminal Code with Case No. 46 / PUU-XIV / 2016 is a representation that reformation of Criminal Code is also desired by many people. This report aims to describe how old the Criminal Code is and provide the knowledge to interested parties to hasten the reform.The method of collecting data in this report through three stages. First, interviews with experts that researchers in The Constitutional Court of Indonesia. Second, the study of literature to strengthen a needle analysis of how the urgency of reform. Third, observation that committed during court proceedings.The one of authority of the Constitutional Court is reviewing the Constitution. In the petition, Article 284 paragraph (1), (2), (3), (4), (5), Article 285 and Article 292 illustrates how important reform the Penal Code because there is unsuittable spirit inside. Such articles deemed to have been very urgent to be changed. Reformation Penal Code universally is very urgent to be expedited because this can be a kriminogen factors for society and can injure the sense of justice. Hopefully the Constitutional Court can answer the necessary of community on a law that actually live in the community.

scholarly journals FEATURES OF DERIVATIVE CONTINUITY IN SHAPE

1999 ◽  
Vol 13 (08) ◽  
pp. 1181-1199
Author(s):  
PHILIP F. HENSHAW
Keyword(s):  
Time Series ◽  
Image Recognition ◽  
Scale Space ◽  
Complex Processes ◽  
Behavioral Dynamics ◽  
Higher Derivative ◽  
Smoothing Kernel ◽  
Key Features ◽  
Invariant Relationship ◽  
Gaussian Scale Space

Derivative continuity is a distributed invariant relationship between parts of flowing shapes. The original techniques presented here were developed for making the behavioral dynamics of complex processes more recognizable, but are equally applicable to assisting in the recognition of shapes in images. Regularizing a sequence using a constraint of derivative continuity is equivalent to using a bimodal smoothing kernel, producing a distinct bias for reducing variation on higher derivative levels, sharply defining shape with minimal suppression of shape. To help determine where reconstructing shapes in this way is valid, a test was developed to help distinguish combinations of noise and smooth flows from random walks. This helps distinguish between illusory and genuine, data shapes but also exposes a flair in using this and other measures of scaling behavior for diagnostic purposes. Gaussian scale space techniques in use for some time in image recognition, for identifying reliable landmarks in the shapes of outlines, are demonstrated for use in identifying key features of shape in time series.

Combination Service for Time-variable Gravity Fields (COST-G): operational GRACE-FO combination and validation of Chinese GRACE time-series

2021 ◽  
Author(s):  
Ulrich Meyer ◽  
Martin Lasser ◽  
Adrian Jäggi ◽  
Christoph Dahle ◽  
Frank Flechtner ◽  
...  
Keyword(s):  
Time Series ◽  
Quality Assessment ◽  
International Association ◽  
Time Variable ◽  
Operational Mode ◽  
Time Variable Gravity ◽  
Gravity Fields ◽  
Variable Gravity ◽  
Processed Products ◽  
The Cost

<p>The Combination Service for Time-variable Gravity Fields (COST-G) of the International Association of Geodesy (IAG) provides combined monthly gravity fields of its associated and partner Analysis Centers (ACs). In November 2020, the combination of monthly GRACE-FO gravity fields started its operational mode, providing consolidated L2 (spherical harmonics) and L3 (gridded and post- processed) products with a latency of currently 3 months. We present an overview and quality assessment of the available products.</p><p>COST-G aims at the extension of its service to include further GRACE and GRACE-FO analysis centers. In January 2020 a collaboration with representatives of five Chinese ACs was initiated, who provided GRACE time-series according to the COST-G requirements. We present the results of a test combination with the Chinese AC models, including comparison and quality assessment of all contributing time-series and validation of the combined gravity fields.</p>

Combination Service for Time-variable Gravity Field Solutions (COST-G) – GRACE-FO operational combination

2020 ◽  
Author(s):  
Ulrich Meyer ◽  
Martin Lasser ◽  
Adrian Jäggi ◽  
Frank Flechtner ◽  
Christoph Dahle ◽  
...  
Keyword(s):  
Time Series ◽  
Quality Control ◽  
International Association ◽  
Time Variable ◽  
Polar Regions ◽  
Time Variable Gravity ◽  
Gravity Fields ◽  
River Hydrology ◽  
Variable Gravity ◽  
Combined Time Series

<p lang="en-US">We present the operational GRACE-FO combined time-series of monthly gravity fields of the Combination Service for Time-variable Gravity fields (COST-G) of the International Association of Geodesy (IAG). COST-G_GRACE-FO_RL01_operational is combined at AIUB and relies on operational monthly solutions of the COST-G Analysis Centers GFZ, GRGS, IfG, LUH and AIUB and the associated Analysis Centers CSR and JPL. All COST-G Analysis Centers have passed a benchmark test to ensure consistency between the different processing approaches and all of the contributing time-series undergo a strict quality control focusing on the signal content in river basins and polar regions with pronounced changes in ice mass to uncover any regularization that may bias the combination.</p> <p lang="en-US">The combination is performed by variance component estimation on the solution level, the relative monthly weights thus providing valuable and independent insight into the consistency and noise levels of the individual monthly contributions. The combined products then are validated internally in terms of noise, approximated by the non-secular, non-seasonal variability over the oceans. Once they have passed this quality control the combined gravity fields are assessed by an external board of experts who evaluate them in terms of orbit predictions, lake altimetry, river hydrology or oceanography.</p>

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