scholarly journals When Things Go Awry: Command Responsibility, Death Marches, and Unforeseeable Circumstances

2021 ◽  
Vol 8 (2) ◽  
pp. 129-146
Amos N. Guiora ◽  
Nathan H. Jackson

Although the events of the past year are in many ways unprecedented, they have resulted in circumstances that are common throughout history. The rise of a global pandemic has led to suffering in many forms, political powers shifting, militant coups rising, and countries facing protests as civil unrest becomes more prevalent. In these uncertain times, political leaders and the role of militaries have been even more scrutinized, revealing flaws that might have remained undetected if it was not for circumstances going awry. These current events have caused us to reflect upon incidents of the past when commanders have faced the uncertainty of how to complete their mission. History is wrought with instances in which the commander, despite having a “Plan B,” still fails to succeed in his role, thus resulting in hundreds of thousands of unnecessary lives lost. Specifically, this article focuses on three death marches—The Long Walk of the Navajo, The Bataan Death March, and Holocaust Death Marches—and the international law of command responsibility. In comparing and contrasting these three historic events through the lens of this law, we analyze the imposition of a commander’s criminal liability when unexpected events occur and he or she is called upon to make difficult decisions. In doing so, we also provide a historical backdrop of each commander’s ethical, moral, and tactical decisions, allowing us to explore what else could have been done, and who should be held liable for the actions of the commander’s soldiers. Ultimately, we call on national leaders and military commanders alike to evaluate our uncomfortable contemporary reality, look back in history, and ask themselves one question: am I truly prepared to make the right decisions when things go wrong?

Oleksandra Skok ◽  
Taisiya Shevchenko

. The place of a juvenile as a subject of a criminal offense in the system of legal regulation of issues related to criminal liability has been determined. The peculiarities of criminal responsibility and punishment of minors, defined in the Criminal Code of Ukraine and the Criminal Code of the Republic of Kazakhstan, are considered. An analysis of statistics on the number of criminal offenses committed over the past five years by persons aged 14 to 18 years. Minor fluctuations in the level of juvenile delinquency committed in Ukraine over the past five years indicate an insufficient level of counteraction to juvenile delinquency in Ukraine. The criminal-legal characteristic of punishments which can be applied by court to the juvenile found guilty of commission of a criminal offense is given. The grounds and procedure for applying to minors convicted of a criminal offense the main punishments provided by the domestic law on criminal liability, such as: fine, have been studied in detail; public works; corrective work; arrest; imprisonment for a definite term. Attention is also paid to additional penalties in the form of fines and deprivation of the right to hold certain positions or engage in certain activities. Taking into account the provisions of the Criminal Code of the Republic of Kazakhstan, the punishments imposed on minors are analyzed, namely: deprivation of the right to engage in certain activities; fine; corrective work; involvement in public works; restriction of liberty; imprisonment. Attention is paid to the legislative regulation of issues related to exemption from criminal liability and punishment with the use of coercive measures of an educational nature.

Commonwealth ◽  
2017 ◽  
Vol 19 (1) ◽  
John Arway

The challenges of including factual information in public policy and political discussions are many. The difficulties of including scientific facts in these debates can often be frustrating for scientists, politicians and policymakers alike. At times it seems that discussions involve different languages or dialects such that it becomes a challenge to even understand one another’s position. Oftentimes difference of opinion leads to laws and regulations that are tilted to the left or the right. The collaborative balancing to insure public and natural resource interests are protected ends up being accomplished through extensive litigation in the courts. In this article, the author discusses the history of environmental balancing during the past three decades from the perspective of a field biologist who has used the strength of our policies, laws and regulations to fight for the protection of our Commonwealth’s aquatic resources. For the past 7 years, the author has taken over the reins of “the most powerful environmental agency in Pennsylvania” and charted a course using science to properly represent natural resource interests in public policy and political deliberations.

1996 ◽  
Vol 35 (4I) ◽  
pp. 399-417 ◽  
John W. Mellor

The right to the flow of income from water is vigorously pursued, protected, and fought over in any arid part of the world. Pakistan is of course no exception. Reform of irrigation institutions necessarily changes the rights to water, whether it be those of farmers, government, or government functionaries. Those perceived rights may be explicit and broadly accepted, or simply takings that are not even considered legitimate. Nevertheless they will be fought over. Pakistan has a long history of proposals for irrigation reform, little or none being implemented, except as isolated pilot projects. Thus, to propose major changes in irrigation institutions must be clearly shown to have major benefits to justify the hard battles that must be fought and the goodwill of those who might win those battles for reform. Proponents of irrigation institution reform have always argued the necessity of the reforms and the large gains to be achieved. Perhaps, however, those arguments have not been convincing. This paper will briefly outline the failed attempts at irrigation reform to provide an element of reality to the discussion. It will then proceed to make the case of the urgency of reform in a somewhat different manner to the past. Finally, current major reform proposals will be presented. This paper approaches justification of irrigation reform by focusing on the agricultural growth rate. It does so because that is the critical variable influencing poverty rates and is a significant determinant of over-all economic growth rates. The paper decomposes growth rates and suggests a residual effect of deterioration of the irrigation system that is large and calls for policy and institutional reform. The data are notional, suggesting the usefulness of the approach and paves the way for more detailed empirical analysis and enquiry for the future.

Coronaviruses ◽  
2020 ◽  
Vol 01 ◽  
Rashmi Saxena Pal ◽  
Yogendra Pal ◽  
Pranay Wal ◽  
Ankita Wal ◽  
Nikita Saraswat

Background: WHO declared COVID-19 a global pandemic. New cases are being added every day, as the case count in United States are to the maximum. No drugs or biologics are yet found to be effective for the prevention or treatment of COVID-19. Objective: To discuss the possibilities of available treatments available. Materials & Methods: Brief out-look is undertaken over the past issues available over the similar situations occurred with respect to the current scenario and prospectives. Results: There can be various possibilities in form of convalescent plasma therapy. The known drugs as HIV drugs, antimalarial medicines and antiviral compounds can serve as suggestive option. Conclusion: Till a confirm medicine or vaccine is sorted out for Covid-19, we need to take natural immune-boosters, along with precautionary steps, social distancing and other preventions as instructed for the benefit of everyone with an optimistic mind and attitude.

Richard Adelstein

This chapter elaborates the operation of criminal liability by closely considering efficient crimes and the law’s stance toward them, shows how its commitment to proportional punishment prevents the probability scaling that systemically efficient allocation requires, and discusses the procedures that determine the actual liability prices imposed on offenders. Efficient crimes are effectively encouraged by proportional punishment, and their nature and implications are examined. But proportional punishment precludes probability scaling, and induces far more than the systemically efficient number of crimes. Liability prices that match the specific costs imposed by the offender at bar are sought through a two-stage procedure of legislative determination of punishment ranges ex ante and judicial determination of exact prices ex post, which creates a dilemma: whether to price crimes accurately in the past or deter them accurately in the future. An illustrative Supreme Court case bringing all these themes together is discussed in conclusion.

2020 ◽  
Léon E Dijkman

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

2021 ◽  
Vol 49 (3) ◽  
pp. 337-362
Myungji Yang

Through the case of the New Right movement in South Korea in the early 2000s, this article explores how history has become a battleground on which the Right tried to regain its political legitimacy in the postauthoritarian context. Analyzing disputes over historiography in recent decades, this article argues that conservative intellectuals—academics, journalists, and writers—play a pivotal role in constructing conservative historical narratives and building an identity for right-wing movements. By contesting what they viewed as “distorted” leftist views and promoting national pride, New Right intellectuals positioned themselves as the guardians of “liberal democracy” in the Republic of Korea. Existing studies of the Far Right pay little attention to intellectual circles and their engagement in civil society. By examining how right-wing intellectuals appropriated the past and shaped triumphalist national imagery, this study aims to better understand the dynamics of ideational contestation and knowledge production in Far Right activism.

Diagnostics ◽  
2021 ◽  
Vol 11 (8) ◽  
pp. 1323
Giulia Ottaviani ◽  
Graziella Alfonsi ◽  
Simone G. Ramos ◽  
L. Maximilian Buja

A retrospective study was conducted on pathologically diagnosed arrhythmogenic cardiomyopathy (ACM) from consecutive cases over the past 34 years (n = 1109). The anatomo-pathological analyses were performed on 23 hearts diagnosed as ACM (2.07%) from a series of 1109 suspected cases, while histopathological data of cardiac conduction system (CCS) were available for 15 out of 23 cases. The CCS was removed in two blocks, containing the following structures: Sino-atrial node (SAN), atrio-ventricular junction (AVJ) including the atrio-ventricular node (AVN), the His bundle (HB), the bifurcation (BIF), the left bundle branch (LBB) and the right bundle branch (RBB). The ACM cases consisted of 20 (86.96%) sudden unexpected cardiac death (SUCD) and 3 (13.04%) native explanted hearts; 16 (69.56%) were males and 7 (30.44%) were females, ranging in age from 5 to 65 (mean age ± SD, 36.13 ± 16.06) years. The following anomalies of the CCS, displayed as percentages of the 15 ACM SUCD cases in which the CCS has been fully analyzed, have been detected: Hypoplasia of SAN (80%) and/or AVJ (86.67%) due to fatty-fibrous involvement, AVJ dispersion and/or septation (46.67%), central fibrous body (CFB) hypoplasia (33.33%), fibromuscular dysplasia of SAN (20%) and/or AVN (26.67%) arteries, hemorrhage and infarct-like lesions of CCS (13.33%), islands of conduction tissue in CFB (13.33%), Mahaim fibers (13.33%), LBB block by fibrosis (13.33%), AVN tongue (13.33%), HB duplicity (6.67%%), CFB cartilaginous meta-hyperplasia (6.67%), and right sided HB (6.67%). Arrhythmias are the hallmark of ACM, not only from the fatty-fibrous disruption of the ventricular myocardium that accounts for reentrant ventricular tachycardia, but also from the fatty-fibrous involvement of CCS itself. Future research should focus on application of these knowledge on CCS anomalies to be added to diagnostic criteria or at least to be useful to detect the patients with higher sudden death risks.

2005 ◽  
Vol 43 (1) ◽  
pp. 63-78 ◽  
Bruce Pardy

The precautionary principle, developed in international environmental law, is a prospective concept. It can be used to decide what should be allowed to occur in the future. The question addressed in this article is whether, in domestic law, the precautionary principle should be applied retrospectively. Should precautionary behaviour be used as a standard to apply to the past actions of private persons, so as to judge whether those persons have acted legally ? In the civil realm, the answer is « yes ». Applying the precautionary principle in civil cases removes foreseeability requirements, and transforms liability based on fault into strict liability. In the criminal sphere, retrospective application of the precautionary principle is not appropriate. To require precautionary action on the part of an accused in an environmental prosecution transforms strict liability into absolute liability, and creates the potential for criminal punishment in the absence of culpability.

Sign in / Sign up

Export Citation Format

Share Document