International Law and Weapons Review

International law requires that, before any new weapon is developed, purchased or modified, the legality of its use must be determined. This book offers the first comprehensive and systemic analysis of the law mandating such assessments – Article 36 of the 1977 Additional Protocol I to the Geneva Conventions. Underpinned by empirical research, the book explores the challenges the weapons review authorities are facing when examining emerging military technology, such as autonomous weapons systems and (autonomous) cyber capabilities. It argues that Article 36 is sufficiently broad to cover a wide range of military systems and offers States the necessary flexibility to adopt a process that best suits their organisational demands. While sending a clear signal that law should not simply follow technological developments, but rather steer them, the provision has its limits, however, which are shaped and defined by the interpretative decisions made by States.

Offense of organizing illegal migration: subject of the offense

The fight against trafficking of migrants is a common international concern that ensures the protection of the rights not to be subjected to slavery and conditions similar to slavery. This article deals with the subject of the crime of organizing illegal migration. Particular attention is paid to the status of the migrant, who under certain conditions can be considered the subject of the crime under consideration. In the Republic of Moldova, the trafficking of migrants is protected by the crime of “organizing illegal migration”. Paragraph 4 of Article 3621 of the Criminal Code, exonerates the migrant from criminal liability for the act prejudicial to the organization of illegal migration. However, the issue arises when the migrant is the object of the crime within the meaning of the Protocol against Trafficking of Migrants. The article analyzes the special quality of the subject of the crime and of the beneficiaries of international humanitarian protection. In the author’s opinion, there are many questions that need to be elucidated, such as: who is the subject of the crime? How old is he/she? What is the special subject of the crime, and what are the conditions when the migrant can be prosecuted? In the author’s view, in order to avoid violations of migrants’ rights, the Moldovan legislature must strengthen its position on the protection of migrants’ rights so that the national criminal law (which responsibly ensures the protection of migrants’ rights) complies with the Additional Protocol on Trafficking of Migrants, having as material object the migrant’s body (material object).

Humanizing siege warfare: Applying the principle of proportionality to sieges

Siege warfare and its devastating humanitarian consequences have been one of the defining features of contemporary armed conflicts. While the most apparent restriction of siege warfare appears to be provided by the prohibition against starvation of the civilian population as a method of warfare, the prevailing restrictive interpretation of this prohibition has left civilians remaining in a besieged area unprotected from the hardships they endure. This article demonstrates that shifting the focus from the prohibition against starvation to the rules regulating humanitarian relief operations does not seem helpful due to the ambiguities regarding the requirement of consent and the right of control of the besieging party. In remedying this protection gap, this article examines whether and how the principle of proportionality applies in the context of a siege. After analyzing whether the encirclement and isolation aspect of a siege can be considered an attack in the sense of Article 49(1) of Additional Protocol I (AP I), to which the proportionality principle applies, the article investigates how this principle operates in the context of a siege. It will be demonstrated that Article 57(2)(b) of AP I requires that the proportionality of a siege must be continuously monitored.

RT-QuIC detection of CWD prion seeding activity in white-tailed deer muscle tissues

Chronic wasting disease (CWD) is a prion disease circulating in wild and farmed cervid populations throughout North America (United States and Canada), Europe (Finland, Norway, Sweden), and South Korea. CWD is a long-term threat to all cervid populations and to cervid hunting heritage, with the potential to cause substantial economic losses across multiple sectors. In North America, hunting and farming industries focused on the processing and consumption of white-tailed deer (WTD) venison are particularly vulnerable to CWD prion contamination, as millions of WTD are consumed annually. Real-time quaking-induced conversion (RT-QuIC) is a highly sensitive assay amplifying misfolded CWD prions in vitro and has facilitated CWD prion detection in a variety of tissues and excreta. To date, no study has comprehensively examined CWD prion content across bulk skeletal muscle tissues harvested from individual CWD infected WTD. Here, we use RT-QuIC to characterize prion-seeding activity in a variety of skeletal muscles from both wild and farmed CWD-positive WTD. We successfully detected CWD prions in muscles commonly used for consumption (e.g., backstrap, tenderloin, etc.) as well as within tongue and neck samples of WTD. Our results suggest that CWD prions are distributed across the skeletal muscles of infected WTD. We posit that RT-QuIC will be a useful tool for monitoring CWD prions in venison and that the method (with additional protocol optimization and high-throughput functionality) could be used to reduce and/or prevent CWD prions from entering animal and human food chains.

Does International Criminal Court have Jurisdiction over the Destruction of Cultural Property by the Islamic State of Irac and Syria?

The cultural property becomes objects of destruction in armed conflicts, such as Syria and Iraq, which were carried out by ISIS squads (Islamic State of Iraq and Syria). For ISIS’s actions, the ICC should judge ISIS. However, new problems will arise regarding the jurisdiction of the ICC to judge ISIS. Based on the explanation of this background, the question will arise: How are humanitarian law regulations related to protecting cultural property during armed conflict? And what is the regulation of the ICC’s jurisdiction over the protection of cultural property in armed conflict by ISIS? The research in this article is normative legal research with the statue approach. According to humanitarian law, the research results show that the regulations relating to the protection of cultural property during armed conflict are contained in the 1954 Hague Convention, Additional Protocol I and Additional Protocol II of the Geneva Conventions of 1977. The destruction of cultural property carried out by ISIS is included in war crimes, one of the Rome Statute material jurisdictions. In this case, the Rome Statute applied by the ICC has juridical power to uphold justice and punish, including war crimes committed by ISIS. For the destruction of various cultural property in Iraq and Syria, ISIS can be judge by the ICC through a referral by the UN Security Council based on the provisions stipulated in the 1998 Rome Statute.

Additional Protocol II: Elevating the minimum threshold of intensity?

This paper examines the notion of intensity in the context of common Article 3 and Additional Protocol II (AP II) to the Geneva Conventions in order to establish whether AP II demands a different intensity threshold from the minimum threshold of intensity contemplated in common Article 3. The paper considers the question of whether the inclusion of the term “sustained” in the phrase “sustained and concerted military operations” intrinsic to the threshold in Article 1(1) of AP II introduces a temporal requirement in addition to mere protracted armed violence. The paper argues that the inclusion of the term “sustained” in Article 1(1) of AP II potentially demands prolonged protracted armed violence. The research aims to contribute to the existing literature on the notion of intensity demanded by the scope of application inherent in AP II through an interrogation of the phrase “sustained” military operations by employing the rules of treaty interpretation and by examining relevant case law and scholarly debate. In this way, the author hopes to contribute towards filling a lacuna with regard to the minimum threshold for intensity in the context of treaty law concerned with the classification of non-international armed conflicts.

Characterisation of Neurospheres-Derived Cells from Human Olfactory Epithelium

A major problem in psychiatric research is a deficit of relevant cell material of neuronal origin, especially in large quantities from living individuals. One of the promising options is cells from the olfactory neuroepithelium, which contains neuronal progenitors that ensure the regeneration of olfactory receptors. These cells are easy to obtain with nasal biopsies and it is possible to grow and cultivate them in vitro. In this work, we used RNAseq expression profiling and immunofluorescence microscopy to characterise neurospheres-derived cells (NDC), that simply and reliably grow from neurospheres (NS) obtained from nasal biopsies. We utilized differential expression analysis to explore the molecular changes that occur during transition from NS to NDC. We found that processes associated with neuronal and vascular cells are downregulated in NDC. A comparison with public transcriptomes revealed a depletion of neuronal and glial components in NDC. We also discovered that NDC have several metabolic features specific to neuronal progenitors treated with the fungicide maneb. Thus, while NDC retain some neuronal/glial identity, additional protocol alterations are needed to use NDC for mass sample collection in psychiatric research.

Fake News and the Convention on Cybercrime

The COVID-19 pandemic and the recent term of the United States President, Donald Trump, brought the term “fake news” to the attention of the broader community. Some jurisdictions have developed anti-fake news legislation, whilst others have used existing cybercrime legislation. A significant deficiency is the lack of a clear definition of fake news. Just because a person calls something “fake news” does not mean that it is indeed false. Especially during pandemics, the primary aim should be to have misinformation and disinformation removed quickly from the web rather than prosecute offenders. The most widely accepted international anti-cybercrime treaty is the Convention on Cybercrime developed by the Council of Europe, which is silent on fake news, the propagation of which may be a cybercrime. There is an Additional Protocol that deals with hate speech, which the authors consider to be a subset of fake news. Using examples from Southeast Asia, the paper develops a comprehensive definition of what constitutes fake news. It ensures that it covers the various flavours of fake news that have been adopted in various jurisdictions. Hate speech can be considered a subset of fake news and is defined as the publication or distribution of fake news with the intention to incite hatred or violence against ethnic, religious, political, and other groups in society. The paper proposes some offences, including those that should be applied to platform service providers. The recommendations could be easily adapted for inclusion in the Convention on Cybercrime or other regional conventions. Such an approach is desirable as cybercrime, including propagating fake news, is not a respecter of national borders, and has widespread deleterious effects. Keywords: Fake news; hate speech; Convention on Cybercrime; draft legislation