SCSL

This article is published by invitation in a special symposium issue of the John Marshall Law Review entitled “International Law in the 21st Century: The Law and Politics of the International Criminal Court.” The article compares the International Military Tribunal (also known as the Nuremberg Tribunal) with the International Military Tribunal for the Far East (also known as the Tokyo Tribunal), the two ad hoc international war crimes tribunals the Allies established after World War II to prosecute suspected atrocity perpetrators from Nazi Germany and Imperial Japan, respectively. The article examines these two tribunals’ similarities and differences, especially as they relate to the tribunals’ designs, staffs, and operations. The article concludes by suggesting that future research should consider whether and, if so, how similarities and differences between the Nuremberg and Tokyo tribunals affected their results, including their durations and judgments.

Abstract.
“Your Brain is the Hardware of your Soul. It is the Hardware of your Very Essence as Human Being. You cannot be who you really want to unless your brain works right. How your brain works determines how happy you are, how effective you feel, and how well you interact with others. Your brain patterns help you with your marriage, parenting skills, work, and religious beliefs, along with your experience of pleasure and pain”.
Daniel G. Amen, M.D.
This paper is about the potential understanding of the development of Information and Communication Technology (origin and meaning of information and communication technology, internet and e-commerce). The paper will further assess the development of online business in Tanzania from traditional means to modern means that is electronic business system, and the law governing these exchanging of information. Then lastly the roles and impacts of information and communication technology in conducting various online businesses and conclusion will be cemented.

This paper argues that the actions and activities of the ICTY have not been beneficial to achieving reconciliation or stability in the Balkans, but to the contrary are part of the reason that parts of the region have remained unstable. This result should not be unexpected as there is very little evidence, if indeed any, that indicates that protracted tribunals like the ICTY (and unlike, therefore, Nuremberg), have ever had, or even could have, beneficial effects on reconciliation. It argues, further, that the primary beneficiaries of the ICTY have been international human rights lawyers and human rights agencies, and in the region itself, the political parties of indictees. Considering the amounts of money spent on the Tribunal compared to those spent on rebuilding the region it seems that the ICTY has functioned better as an anti-war profiteer than it has as a promoter of peace and reconstruction. (transitional justice; politics; Balkans; Bosnia; lawyers)

Setting out from the basic legal issues in relation to subpoenas, i.e., the normative framework, requirements and meaning this article explores how international institutions have interpreted the relevant rules on compulsory process to obtain evidence from states organs of states and private This essay is not intended as an exhaustive study of compulsory production of evidence in international criminal law. Rather, it is an attempt to focus on certain emerging issues and in particular on the experiences of international organs in terms of subpoenas (and largely the jurisprudential findings on the compulsion of evidence of state officials) reflecting the traditional inter-state community’s evolution towards the redefinition of state sovereignty following the internationalization of human rights, namely, towards the global community.

"This chapter examines two key issues which have arisen as regards the international criminal tribunals' interpretation of the right to a fair trial, namely the parties to whom rights at trial attach, and the use of defendants' right to trial without undue delay as a bar to the exercise of other rights in some circumstances, whilst in other situations, a breach of the right to trial without undue delay has proven almost impossible to assert. These issues illustrate the piecemeal fashion in which questions on the fundaments of fairness in international criminal law have been answered, the lack of an overarching theory guiding the procedural fairness of trials, and international criminal law's resultant failure to serve a standard-setting function for the fairness of trials.

Part 1 of this piece outlines some instances where the ICTY, ICTR, SCSL and ICC have extended rights of the accused to other actors at trial, with a specific focus on the prosecutor as a new rights-holder at trial. The excruciating irony of this unfounded extension is that it often has a detrimental effect on the rights of the accused, whom the enumerated rights were intended to protect in the first place. On occasion, and in a sporadic fashion, the international tribunals have also elevated certain interests of other parties to the status of rights, which can also come to bear on the position of the only true rights holder at trial- the accused. Part 2 aims to illustrate the ease with which judges can assert the right to trial without undue delay and the need for expedience as a reason for a decision, compared to the immense hurdles which an accused must overcome to show that the right has been violated."

"The information and communication technology has probably had the greatest impact on society than any other technology. People rely on information and communication technology for all the advantages delivered such as powerful information access, storage and better reproduction of sounds and images. However, it is from the same technology through which one’s privacy, secrecy and confidentiality is infringed. 
This paper involves Five Parts in Roman Letters. The First Part (I) will deal with both, the origin, meaning and types of Information, Communication and Technology (ICT) and telecommunication, because we cannot speak about telecommunication without first explaining what makes it to exist and that is information and communication technology.
Part II will deal with the concept of Privacy, from its origin, meaning and types. The Third Part (III) will deal with the overall concept of telecommunication in Tanzania.
Part IV will explain how does the development of telecommunication brought effects (both negative and positive) to the user (customers) in relation to their privacy and how does the law solve the dispute when it comes to the negative impacts. And lastly Personal Assessment (Part V)

"

A critical analysis of the case law before the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone relating to sexual and gender-based violence. This piece discusses the significant developments made within international criminal law regarding the prosecution of sexual and gender-based violence during conflict as a result of the prosecutorial strategy jurisprudence of the ad-hoc institutions. Written and published as part of LLB.

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Abstract: This chapter examines two key issues which have arisen as regards the international criminal tribunals' interpretation of the right to a fair trial, namely the parties to whom rights at trial attach, and the use of defendants' right to trial without undue delay as a bar to the exercise of other rights in some circumstances, whilst in other situations, a breach of the right to trial without undue delay has proven almost impossible to assert. These issues illustrate the piecemeal fashion in which questions on the fundaments of fairness in ...

The Multi-Carrier Code Division Multiple Access (MC-CDMA) is becoming a very significant downlink multiple access technique for high-rate data transmission in the fourth generation wireless communication systems. By means of efficient resource allocation higher data rate i.e. throughput can be achieved. This paper evaluates the performance of group (subchannel) allocation criteria employed in downlink transmission, which results in throughput maximization. Proposed algorithm gives the modified technique of sub channel allocation in the downlink transmission of MC-CDMA systems. Simulation are carried out for all the three combining schemes, results shows that for the given power and BER proposed algorithm comparatively gives far better results .

International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm.

This unique research companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future.

The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law.

As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

Contents: Preface, Judge Chile Eboe-Osuji; Introduction, William A. Schabas, Yvonne McDermott and Niamh Hayes; Part I International crimes and Modes of Liability: Sisyphus wept: prosecuting sexual violence at the International Criminal Court, Niamh Hayes; Creating a framework for the prosecution of environmental crimes in international criminal law, Tara Smith; Alleged aggression in Utopia: a international criminal law examination question for 2020, Roger S. Clark; The Special Tribunal for Lebanon and terrorism as an international crime: reflections on the judicial function, Ben Saul; Damned if you don’t: liability for omissions in international criminal law, Christopher Gosnell; Joint criminal enterprise liability: result orientated justice, Wayne Jordash. Part II The International Criminal Process: Rights in reverse: a critical analysis of fair trial rights under international criminal law, Yvonne McDermott; Victims’ participation at the International Criminal Court: benefit or burden?, Lorraine Smith; A shifting scale of power: who is in charge of the charges at the International Criminal Court?, Dov Jacobs; Distinguishing creativity from activism: international criminal law and the ‘legitimacy’ of judicial development of the law, Joseph Powderly; Equality of arms in international criminal law: continuing challenges, Charles C. Jalloh and Amy DiBella; Protecting the rights of the accused in international criminal proceedings: lip service or affirmative action?, Colleen Rohan; Reconciliation and sentencing in the practice of the ad hoc tribunals, Silvia D’Ascoli. Part III Complementarity and Sentencing: a Discussion: A sentence-based theory of complementarity, Kevin Jon Heller; ‘Sentencing horror’ or ‘sentencing heuristic’? - a reply to Hellers’s ‘sentence-based theory of complementarity, Carsten Stahn; Three theories of complementarity: charge, sentence or process? A comment on Kevin Heller’s sentence-based theory of complementarity, Darryl Robinson. Part IV International Criminal Justice in Context: The short arm of international criminal law, William A. Schabas; Palestine and the politics of international criminal justice, Michael Kearney and John Reynolds; Lions and tigers and deterrence, oh my: evaluating expectations of international criminal justice, Kate Cronin-Furman and Amanda Taub; Hybrid courts in retrospect: of lost legacies and modest futures, Padraig McAuliffe; ‘Political trials’?: the UN Security Council and the development of international criminal law, David P. Forsythe; Expanding the focus of the ‘African Criminal Court’, Kai Ambos; The future of international criminal law and transitional justice, Mark A. Drumbl; Index.