Antonio Cassese

This third edition of Cassese’s International Criminal Law provides an account of the main substantive and procedural aspects of international criminal law. Adopting a combination of the classic common law and more theoretical approaches to the subject, it discusses: the historical evolution of international criminal law; the legal definition of the so-called core crimes (war crimes, crimes against humanity, genocide) plus aggression, torture and terrorism; the forms and modes of criminal responsibility; and the main issues related to the prosecution and punishment of international crimes at the national and international level, including amnesties, statutes of limitations and immunities. The book guides the reader through a vast array of cases and materials from a number of jurisdictions, providing analysis that brings the political and human contexts to the fore. The International Criminal Court and all the other modern international criminal courts are fully covered, both as regards their structure, functioning and proceedings, and as far as their case law is concerned.

NA62 is a fixed-target experiment at the CERN SPS dedicated to measurements of rare kaon decays. Such measurements, like the branching fraction of the $K^{+} \rightarrow \pi^{+} \nu \bar\nu$ decay, have the potential to bring significant insights into new physics processes when comparison is made with precise theoretical predictions. For this purpose, innovative techniques have been developed, in particular, in the domain of low-mass tracking devices. Detector construction spanned several years from 2009 to 2014. The collaboration started detector commissioning in 2014 and will collect data until the end of 2018. The beam line and detector components are described together with their early performance obtained from 2014 and 2015 data.

This article focuses on the problems of, and prospects for, the enforcement of international humanitarian law through the prosecution and punishment of Individuals accused of violations of International humanitarian law by international or national tribunals. The author first examines the factors that historically prevented the development of International tribunals and then looks at recent events, namely the end of the Cold War and the subsequent unleashing of unparalleled forces of nationalism and fundamentalism in different parts of the world, which have created an increased willingness on the part of states to Institute mechanisms, both at the International and domestic levels, for international criminal justice. With the establishment of the ad hoc International Criminal Trubunals for the former Yugoslavia and for Rwanda, the enforcement of International humanitarian law has moved into a new and more effective phase. Yet, the clear merits of individual criminal prosecution by international tribunals cannot simply override the very real problems and obstacles they face. The author examines these problems, arguing that state sovereignty is a major obstacle to the effective enforcement of International criminal Justice. Nevertheless, the author concludes that justice can be done at the international level and that international criminal tribunals are vital in the struggle to uphold the rule of law.

Caesius comments on the article by Simma, also in this issue, on the legitimacy of the use of force by NATO in the Kosovo crisis. The author agrees with Simma that NATO's action falls outside the scope of the United Nations Charter and, by that token, is illegal under international law. This breach is not a negligible one and it is not to be countenanced merely by referring to its exceptional character and by stating that it should not be seen as setting a precedent. The author explores the notion that NATO's action may nevertheless be taken as evidence of an emerging doctrine in international law allowing the use of forcible countermeasures to impede a state from committing large-scale atrocities on its own territory, in circumstances where the Security Council is incapable of responding adequately to the crisis. The author argues that where a number of stringent conditions are met, a customary rule may emerge which would legitimize the use of force by a group of states in the absence of prior authorization by the Security Council. This is subject to various caveats, including the need to bear in mind the threat to global security which is inevitably involved in the use of force without such authorization.

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The Martens Clause is indisputably one of the contemporary legal myths of the international community. Being particularly ambiguous, it has been variously interpreted. The author dismisses the more radical interpretation whereby the clause upgrades to the rank of sources of international law the 'laws of humanity' and the 'dictates of public conscience'. The other, less extreme interpretation, whereby the clause merely serves to reject a possible a contrario argument, is equally without merit. He suggests that the clause was essentially conceived of, at the 1899 Hague Peace Conference, as a diplomatic gimmick intended to break a deadlock in the negotiations between the smaller and Great Powers. The clause could nevertheless be given a twofold legal significance. First, it could operate at the interpretative level: in case of doubt, rules of international humanitarian law should be construed in a manner consonant with standards of humanity and the demands of public conscience. Secondly, the clause, while operating within the existing system of international sources, could serve to loosen - in relation solely to the specific field of humanitarian law - the requirements prescribed for usus whilst at the same time raising opinio to a rank higher than that normally admitted.

In its recent Genocide judgment, the International Court of Justice discussed the question of whether the acts of genocide carried out at Srebrenica by Bosnian Serb armed forces must be attributed to the Federal Republic of Yugoslavia (FRY), as claimed by Bosnia.It applied the ' effective control ' test set out in Nicaragua , reaching a negative conclusion.The Court also held that the broader ' overall control ' test enunciated by the International Criminal Court for the former Yugoslavia (ICTY) in Tadi ć did not apply, on two grounds.First, the test had been suggested by the ICTY with respect to the question of determining whether an armed confl ict was international and not with regard to the different issue of state responsibility; secondly, in any case the test would have overly broadened the scope of state responsibility.The author argues that the ICTY admittedly had to establish in Tadi ć whether the armed confl ict in Bosnia was internal or international.However, as no rules of international humanitarian law were of assistance for such determination, the Tribunal explicitly decided to rely upon international rules on state responsibility.The ICTY thus advanced the ' overall control ' test as a criterion generally valid for imputation of conduct of organized armed groups to a particular state.The test was based on judicial precedents and state practice.In addition, the ICTY did not exclude the applicability of the ' effective control ' standard, stating however that it only applied for the attribution to a state of conduct by single private individuals.Judicial decisions, even subsequent to Tadi ć , support the view that whenever conduct of organized armed groups or military units is at stake it suffi ces to show that the state to which they may be linked exercises ' overall control ' over them, in order for the conduct of those groups or units to be legally attributed to the state.Hence, any sound critique of Tadi ć should not suggest that it dealt with a matter different from state responsibility.It should instead be capable of showing that state and judicial practice do not corroborate that test.

The terrorist attacks on the US on 11 September 2001 have potentially shattering consequences for international law. It will be necessary to rethink some important legal categories and to emphasize general principles. Collective rather than unilateral measures should be taken as far as possible. Otherwise anarchy could ensue.

The recent judgment of the ICJ has indubitably shed light on a rather obscure area of international law, that is, the legal regulation of the personal immunities of foreign ministers. However, one should express serious misgivings about some of the Court's conclusions. In particular, the Court, besides omitting to pronounce upon the admissibility of universal criminal jurisdiction, failed both (i) to distinguish between so‐called functional immunities (inuring to foreign ministers and, more generally, to all state agents with respect to acts performed in their official capacity), and personal immunities, and (ii) to refer to the customary rule lifting functional immunities in case of international crimes. It follows that, in the opinion of the Court, foreign ministers (and other state officials), after leaving office, may be prosecuted and punished for international crimes perpetrated while in office only if such crimes are regarded as acts committed in their ‘private capacity’, a conclusion that is hardly consistent with the current pattern of international criminality and surely does not meet the demands of international criminal justice.

Judge Cassese presents arguments in favour of the use of international courts in order to punish war crimes. He argues that the application of justice through a court is better in certain circumstances than amnesties. He examines the merits of international courts rather than national courts, but acknowledges that at present there are several major stumbling blocks to an effective international criminal justice system.

1Professor of international law, Florence University

Abstract Having identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL), but the criticisms have been or could be overcome. Assessing the legitimacy of these tribunals is instead a more difficult task. In fact, misgivings have been voiced essentially concerning the legitimacy of the ICTY and the STL, but not the International Criminal Court (ICC) and the other international criminal courts. The legitimacy of the STL in particular deserves to be discussed: even assuming that the STL initially lacked some forms of legitimacy, it could achieve it – or confirm it – through its ‘performance legitimacy’. The author then suggests what the realistic prospects for international criminal justice are. Convinced as he is that it is destined to flourish even more, he tries to identify the paths it is likely to take in future years.

This is a general introduction to international law considered in a political and historical perspective. Throughout, an effort is made to identify the ideological and political motivation underlying international legal rules and institutions, which are examined through the prism of the principal actors in the international community: Western, socialist and developing countries. This book differs from standard textbooks in an important respect: it covers some topics neglected by traditional works, such as the historical evolution of the international community or the law of economic relations and of development, while some traditional topics are dealt with only tangentially, such as international arbitration. The book will thus appeal to lawyers who wish to explore the background and context to this subject and to political scientists who want to know more about the policy pursued by each of the three major groupings of States in international law-making.

Remarks on Scelle's Theory of “Role Splitting” (dédoublement fonctionnet) in International Law Get access Antonio Cassese Antonio Cassese * Of the Board of Editors Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 1, Issue 1, 1990, Pages 210–231, https://doi.org/10.1093/oxfordjournals.ejil.a035763 Published: 01 February 1990

The recent judgment by the Israeli Supreme Court on targeted killings is a landmark decision in many respects. Its main merit lies in trying to give precision to, and therefore make concretely applicable by the belligerents, some loose standards of international humanitarian law on the conduct of hostilities. In particular, the judgment is significant because (i) it concluded that the issue of targeted killings did not amount to a non-justiciable question, (ii) it suggested a novel and imaginative way of narrowing down the vague scope of imprecise international rules on methods of combat, and in addition (iii) it set out a range of measures that belligerents must take both before and after armed attacks against civilians participating in hostilities, so as to avoid damage to innocent civilians as far as possible. The measures authoritatively suggested in the judgment may serve both to turn some unclear international rules into workable standards of conduct, and also to open the way to the possible prosecution of individuals (superiors and subordinates) who do not comply with such standards.

I THE HUMAN DIMENSION OF WARS A. GENERAL 1. Current trends in the Development of the Law of Armed Conflict 2. The Martens Clause: Half a Loaf or Simply Pie in the Sky? 3. Revolution and International Law B. CLASSES OF WARS AND BELLIGERENTS 4. Wars of National Liberation and Humanitarian Law 5. Civil War and International Law 6. The Spanish Civil War and the Development of Customary Law Concerning Internal Armed Conflicts 7. The Status of Rebels under the 1977 Geneva Protocol on Non-International Armed Conflicts C. MEANS OF WARFARE 8. The Prohibition of Indiscriminate Means of Warfare 9. Weapons Causing Unnecessary Suffering: Are They Prohibited? 10. Means of Warfare: The Traditional and the New Law D. MILITARY OCCUPATION 11. Powers and Duties of an Occupant in Relation to Land and Natural Resources 12. Legal Considerations on the International Status of Jerusalem II OUR COMMON RIGHTS A. TORTURE AND INHUMAN OR DEGRADING TREATMENTS 13. Prohibition of Torture and Inhuman or Degrading Treatment or Punishment 14. Can the Notion of Inhuman and Degrading Treatment be Applied to Socio-Economic Conditions? 15. A New Approach to Human Rights: The European Convention for the Prevention of Torture 16. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment Comes of Age B. ECONOMIC ASSISTANCE AND HUMAN RIGHTS 17. Foreign Economic Assistance and Respect for Civil and Political Rights: Chile - A Case Study 18. Foreign Economic Assistance and Human Rights: Two Different Approaches 19. A 'Contribution' by the West to the Struggle against Hunger: the Nestle affair III FIGHTING STATE AND INDIVIDUAL CRIMINALITY A. STATE 'CRIMINALITY' V. INDIVIDUAL'S CRIMINAL LIABILITY 20. Remarks on the Present Legal Regulation of Crimes of States 21. On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law B. INTERNATIONAL CRIMES OF INDIVIDUALS 22. The International Community, Terrorism and Human Rights 23. Terrorism is also Disrupting Some Crucial Legal Categories of International Law 24. Crimes against Humanity: Comments on Some Problematical Aspects C. RESPONDEAT SUPERIOR V. SUBORDINATES' LIABILITY 25. Abraham and Antigone: Two Conflicting Imperatives D. NEW DEVELOPMENTS IN INTERNATIONAL CRIMINAL JUSTICE 26. The Statute of the International Criminal Court: Some Preliminary Reflections

The NA62 experiment at CERN, aimed to measure K+→π+νν¯ branching fraction (O(10−10)), relies on a Neon based RICH detector for π/μ separation, time measurement and level 0 trigger. The experimental requirements for this detector are: a muon contamination in pion samples lower than 5×10−3 in the momentum range 15–35 GeV/c and a time resolution on the charged track better than 100 ps. A prototype of such a detector was built and tested in 2009; it consists of a full length (≈18m) Ne filled vessel equipped with a spherical mirror and 414 PMs on its focal plane, located about 17 m upstream of the mirror. This prototype was tested at CERN SPS on a positive hadron beam, in the required momentum range, to measure the π/μ separation and to confirm the time resolution obtained with a previous prototype; the μ misidentification probability is about 0.7% and the time resolution is better than 100 ps in the whole momentum range.

A previous article by the author in this Journal suggested that, in the light of the NATO intervention in Kosovo, a new customary rule might be in the process of formation; namely - subject to certain stringent conditions - a rule legitimising the use of forcible countermeasures by groups of states in the event of failure by the UN Security Council to respond to egregious violations of international humanitarian law. By way of a follow-up, this article examines the views of states expressed during and since the Kosovo crisis. The author concludes that many states have conceded the moral and political necessity of the NATO intervention. This, however, stopped short of the view that such conduct was legitimate in terms of existing international law. So far no consistent usus has emerged. By contrast, opinio necessitatis has been widespread and seems to be in the process of crystallizing; however, this has not gone unopposed. Consequently, humanitarian countermeasures outside the Charter framework are still unauthorized by current international law.

The Special Court and International Law: The Decision Concerning the Lomé Agreement Amnesty Antonio Cassese Antonio Cassese Member of the Board of Editors. Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 2, Issue 4, December 2004, Pages 1130–1140, https://doi.org/10.1093/jicj/2.4.1130 Published: 01 December 2004

Joint criminal enterprise (JCE) as a mode of liability in international criminal law is a concept widely upheld by international case law. It has, however, been harshly attacked by commentators, particularly with regard to what has come to be known as the ‘third category’ of the notion, that of liability based on foreseeability and the voluntary taking of the risk that a crime outside the common plan or enterprise be perpetrated. This author considers that while most criticisms are off the mark, at least two are pertinent: (i) that the International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber in Tadić (1999) was wrong in indiscriminately using terminology typical of both the civil law and common law tradition, and (ii) that the foreseeability standard, being somewhat loose as a penal law category of culpability and causation, needs some qualification or precision. Generally speaking, the notion of JCE needs some tightening up. For instance, in Kvočka, an ICTY Trial Chamber rightly stressed that the contribution of a participant in a common criminal plan must be ‘substantial’ (the Appeals Chamber, however, disagreed to some extent in the same case). Furthermore, with specific regard to the third category of JCE, the author, after setting out the social and legal foundations of the foreseeability standard and the motivations behind its acceptance in international criminal law, suggests various ways of qualifying and straightening it out. One of them could lie in assigning to the ‘primary offender’ (i.e. the person who, in addition to committing the concerted crimes, also perpetrates a crime not part of the common plan or purpose) liability for all the crimes involved, while charging the ‘secondary offender’ with liability for a lesser crime, whenever this is legally possible. The author then suggests, contrary to a 2004 decision of the ICTY Appeals Chamber in Brđanin, that the third category of JCE may not be admissible when the crime other than that agreed upon requires special intent (this applies to genocide, persecution as a crime against humanity, and aggression). In such cases, the other participants in JCE could only be charged with aiding and abetting the crimes committed by the ‘primary offender’ if the requisite conditions for aiding and abetting do exist. The author then suggests that the view propounded in 2004 by an ICTY Trial Chamber in Brđanin is sound, namely that the general notion of JCE may not be resorted to when the physical perpetrators of the crimes charged were not part of the criminal plan or agreement, but rather committed the crimes unaware that a plan or agreement had been entered into by another group of persons. In conclusion, he contends that this qualified notion of JCE, in addition to being provided for in customary international law, does not appear to be inconsistent with a broad interpretation of the provision of the ICC Statute governing individual criminal responsibility, that is, Article 25, in particular 25(3)(d).

I: SOURCES AND PRINCIPLES OF INTERNATIONAL CRIMINAL LAW II: CRIMES III: FORMS OF RESPONSIBILITY IV: CIRCUMSTANCES EXCLUDING CRIMINAL RESPONSIBILITY V: JURISDICTIONAL AND PROCEDURAL ISSUES

1Member of the Board of Editors

It is easy to find fault in any new legal institution. In the case of the International Criminal Court (ICC), whose Statute was adopted in Rome on 17 July 1998, however, one should be mindful of the fact that, firstly, this is a revolutionary institution that intrudes into state sovereignty by subjecting states' nationals to an international criminal jurisdiction. Consequently, if and when it becomes an operational and effective judicial mechanism, the ICC could mark a real turning point in the world community. This chapter sets out some initial and tentative comments on some of the salient traits of the future ICC.

Abstract This chapter compares international criminal tribunals and courts with the so-called mixed or internationalized tribunals and courts, and examines the reasons underlying the establishment of these particular mixed or internationalized courts. It also considers the main practical and legal problems that these courts are facing, focusing on the experiences of Kosovo, East Timor, Cambodia, and Sierra Leone, along with areas where new internationalized courts could or might be established in the near future. A general outlook for international criminal justice is also presented. The chapter argues that there is no single response to the multifarious aspects of international criminality, and that mixed or internationalized criminal courts and tribunals may prove to be one of the most effective societal and institutional devices currently available to international lawmakers.

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The essay argues that the absence of an international treaty definition of aggression in international law should not preclude the prosecution of its perpetrators. Two legal regimes of responsibility, namely the prohibition against aggression as an international wrongful act and the crime of aggression have been entangled. Once one separates the criminal liability of individuals from state responsibility, a definition of the crime of aggression can be seen. According to the author, the contours of such a new definition contain the requisite degree of certainty for judicial approaches instead of merely political approaches. Consideration is also given as to whether conspiracy to wage a war of aggression may also be regarded as a separate crime within international criminal law.

The Israel-PLO Agreement and Self-Determination Get access Antonio Cassese Antonio Cassese * Department of Law, European University Institute, Florence Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 4, Issue 4, 1993, Pages 564–571, https://doi.org/10.1093/oxfordjournals.ejil.a035846 Published: 01 January 1993

Not all crimes committed during an armed conflict constitute war crimes. It is widely held in case law and legal literature that, in order to qualify as a war crime, criminal conduct must be ‘closely related to the hostilities’.1 This relationship between armed conflict and conduct, termed ‘nexus’ (or ‘link’), serves to distinguish between war crimes, on the one side, and ‘ordinary’ crimes committed during — but unrelated to — an armed conflict, on the other.2 The nature of this nexus requirement under current international law and the means to prove it, though theoretically distinct questions, are two closely intertwined matters, especially in the context of criminal trials. Prosecuting authorities in criminal proceedings dealing with alleged war crimes will have to prove the existence of this nexus beyond reasonable doubt on the basis of various indicia. One of the most problematic aspects of this exercise is that courts have not often made findings about the nexus requirement explicitly. This is probably due to the fact that in most war crimes prosecutions the nexus between the armed conflict and the alleged criminal conduct is self-evident and does not warrant any distinct or separate analysis by the judges. Be that as it may, it should be pointed out that case law is not always clear in establishing guiding principles to ascertain the contours of customary law dealing with the nexus.

The Ring Imaging Cherenkov detector is crucial for the identification of charged particles in the NA62 experiment at the CERN SPS. The detector commissioning was completed in 2016 by the precise alignment of mirrors using reconstructed tracks. The alignment procedure and measurement of the basic performance are described. Ring radius resolution, ring centre resolution, single hit resolution and mean number of hits per ring are evaluated for positron tracks. The contribution of the residual mirror misalignment to the performance is calculated.

a communauté internationale dispose désormais de moyens renforcés pour lutter contre les risques d\'impunités : la Cour pénale internationale dont les statuts ont été adoptés le 18 juillet 1998 à Rome et les juridictions nationales qui ont été invitées à étendre leur compétence pénale au-delà des frontières traditionnelles. Les difficultés sont encore nombreuses, car l\'intégration du droit international est un processus lent.

In January 2006, the European Court of Human Rights held that the punishment of two individuals in 2003 in Estonia for the deportation of civilians to the Soviet Union in 1949 classified as a crime against humanity, was not contrary to the principle of non-retroactivity of criminal law. According to the Court, in 1949 crimes against humanity were already proscribed and criminalized, and responsibility for such crimes could not ‘be limited only to the nationals of certain countries and solely to acts committed within the specific time frame of the Second World War’. While the Court's ruling is correct, its legal reasoning lends itself to a number of serious criticisms.

The possibility to remove chromium ions from a simulated electroplating wastewater by a discontinuous ion-exchange process based on phillipsite-rich Neapolitan yellow tuff (NYT) has been investigated. The immobilization of the pollutant cation in the resulting sludge through a heat-treatment has been realized, demonstrating that compacts made of Cr-loaded NYT powder, fired at temperatures of 1000 °C or over, are safe materials with negligible Cr3+ leaching. The set up overall process allows, in addition, a volume reduction of the waste with associated lower disposal costs or, better, the obtainment of a ceramic material, whose physical and mechanical properties are comparable to those of similar ordinary ceramics, such as bricks. In summary, the proposed strategy looks at the polluted sludge as a resource to be exploited, instead of a dangerous material to safely dispose of.

Results of an extensive R&D program aiming at radiation hard, small pitch, 3D pixel sensors are reported. The CMS experiment is supporting this R&D in the scope of the Inner Tracker upgrade for the High Luminosity phase of the CERN Large Hadron Collider (HL-LHC). In the HL-LHC the Inner Tracker will have to withstand an integrated fluence up to 2.3×1016neq/cm2. A small number of 3D sensors were interconnected with the RD53A readout chip, which is the first prototype of 65 nm CMOS pixel readout chip designed for the HL-LHC pixel trackers. In this paper results obtained in beam tests before and after irradiation are reported. The irradiation of a single chip module was performed up to a maximum equivalent fluence of about 1×1016neq/cm2. The analysis of the collected data shows excellent performance: the spatial resolution in not irradiated sensors can reach about 3 to 5 μm, for inclined tracks, depending on the pixel pitch. The measured hit detection efficiencies are close to 99% measured both before and after the above mentioned irradiation fluence.

A review of the current state of legal regulation in the field of human rights is likely to give the disappointing impression that international legislation is unequal to the task of checking widespread disregard for human dignity. Despite the vast proliferation of instruments setting standards on human rights, imposing obligations as regards the observance of those standards and establishing procedures to deal with breaches of those obligations, violations of human rights continue, their perpetrators apparently undeterred.

I. CAN THE WORLD BECOME A GLOBAL COMMUNITY? II. WHAT ROLE FOR LAW-MAKING? III. CAN INTERNATIONAL LEGAL IMPERATIVES BE MORE EFFECTIVELY BROUGHT INTO EFFECT? (A) THE INTERPLAY OF INTERNATIONAL AND NATIONAL LAW (B) MECHANISMS FOR INDUCING STATES' COMPLIANCE (C) THE ROLE OF JUDICIAL BODIES (D) SUPERVISION AND FACT-FINDING AS ALTERNATIVES TO JUDICIAL REVIEW 4. OLD AND NEW CATEGORIES OF LAWFUL USE OF FORCE 5. GLOBAL PROBLEMS THAT ARE BADLY IN NEED OF SUBSTANTIVE LEGAL REGULATION 6. RESTRAINING ARMED VIOLENCE IN INTERNATIONAL AND INTERNAL ARMED CONFLICTS 7. THE ROLE OF CRIMINAL AND CIVIL JUSTICE 8. RECAPITULATION AND CONCLUSION

A large RICH detector is used in NA62 to suppress the muon contamination in the charged pion selection by a factor 100 in the momentum range between 15 and 35 GeV/c. The detector consists of a 17 m long tank (vessel), filled with neon gas at atmospheric pressure. Cherenkov light is reflected by a mosaic of 20 spherical mirrors with 17 m focal length, placed at the downstream end, and collected by 1952 photomultipliers (PMTs) placed at the upstream end. In this paper the characterization of the mirrors before installation and the mirror support system are described. The mirror installation procedure and the laser alignment are also illustrated.

International criminal law (ICL) is a body of international rules designed both to proscribe certain categories of conduct (war crimes, crimes against humanity, genocide, torture, aggression, international terrorism) and to make those persons who engage in such conduct criminally liable. These rules consequently either authorize states, or impose upon them the obligation to prosecute and punish such criminal conducts. This chapter discusses the main features of ICL; the sources of ICL; and the notion of international crimes.

The NA62 experiment at CERN aims to make a precision measurement of the ultra-rare decay K+→π+νν¯, and relies on a differential Cherenkov detector (KTAG) to identify charged kaons at an average rate of 50 MHz in a 750 MHz unseparated hadron beam. The experimental sensitivity of NA62 to K-decay branching ratios (BR) of 10−11 requires a time resolution for the KTAG of better than 100 ps, an efficiency better than 95% and a contamination of the kaon sample that is smaller than 10−4. A prototype version of the detector was tested in 2012, during the first NA62 technical run, in which the required resolution of 100 ps was achieved and the necessary functionality of the light collection system and electronics was demonstrated.

Future space experiments dedicated to the observation of high-energy gamma and cosmic rays will increasingly rely on a highly performing calorimetry apparatus, and their physics performance will be primarily determined by the geometrical dimensions and the energy resolution of the calorimeter deployed. Thus it is extremely important to optimize its geometrical acceptance, the granularity, and its absorption depth for the measurement of the particle energy with respect to the total mass of the apparatus which is the most important constraint for a space launch. The proposed design tries to satisfy these criteria while staying within a total mass budget of about 1.6 tons. Calocube is a homogeneous calorimeter instrumented with Cesium iodide (CsI) crystals, whose geometry is cubic and isotropic, so as to detect particles arriving from every direction in space, thus maximizing the acceptance; granularity is obtained by filling the cubic volume with small cubic CsI crystals. The total radiation length in any direction is more than adequate for optimal electromagnetic particle identification and energy measurement, whilst the interaction length is at least suficient to allow a precise reconstruction of hadronic showers. Optimal values for the size of the crystals and spacing among them have been studied. The design forms the basis of a three-year R&D activity which has been approved and financed by INFN. An overall description of the system, as well as results from preliminary tests on particle beams will be described.

Preface. 1. A Revolutionary Step. 2. The Blue Berets of Human Rights?. 3. Firemen or Specialists in Preventive Medicine?. 4. Into the Breach: Inspectors in Action. 5. What is Human, Inhuman or Degrading?. 6. On Torture. 7. Common Criminals and Terrorists. 8. Policemen, Prison Warders and Magistrates. 9. A Few Concluding Observations. Note.

Your Majesty, your Royal Highness, Excellencies, Ladies and Gentlemen, In the dark labyrinth of our lives, one of the few things of which we can be certain is the intolerable amount of suffering that human beings cause to one another through cruelty, armed clashes, and aggression. Criminal justice is among the most civilized responses to such violence. It channels the victims’ hatred and yearning for bloody revenge into collective institutions that are entrusted with even-handedly appraising the accusations. If well founded, they assuage the victims’ demands by punishing the culprit. Thus, criminal justice addresses the need to satisfy both private and collective interests. It merges the private desire for ‘an eye for an eye’ justice with the public need to prevent and repress any serious breach of public order and community values. In this way, criminal justice contributes potently to social peace. These notions, of course, are not new. We find them — graphically portrayed — in that astounding repository of human wisdom that are the Greek tragedies. Aeschylus tells us that, to avenge the murder of his father Agamemnon, Orestes kills his mother Clytemnestra, who in turn had killed her husband, who years earlier was guilty of sacrificing their innocent daughter Iphigenia. Murder begat murder, in a cycle of uninterrupted violence. Orestes is not at peace, however. Ever since his murderous deed, he is pursued and tormented by the Erinyes, ‘the daughters of Night’, the spirits of revenge and retribution. The ineluctable cycle of death is only broken when Orestes is put on trial before the highest court, the Areopagus. And only when this impartial collective institution pronounces on his guilt or innocence, and he is acquitted, are the Erinyes turned into the Eumenides, that is to say, ‘the kindly ones’, the spirits of forgiveness and reconciliation. Only then is peace re-established. The trial before the Areopagus symbolizes the replacement of spiralling destructiveness and summary self-justice by the collective and impartial weighing up of good and evil. Justice puts a stop to violence and sweeps away hatred.

Abstract The essential recipe for reviving the Court and bringing it into the twenty-first century is to turn it from a substantially arbitral court — a late nineteenth-century institution oriented to unrestricted respect for outmoded conceptions of state sovereignty — into a proper court of law, with all the attributes and trappings of a modern judicial body. A number of legal and practical measures are suggested for improving the Court. Some changes would need an amendment of the Court's Statute: the suppression of the ad hoc judges system or the duty for a national judge to recuse himself or herself where a state is not ‘represented’ on the Court; the expansion of contentious jurisdiction to intergovernmental organizations; the granting of the right to request advisory opinions to subjects other than states; and the endowing of the Court with the power to decide on referrals from national or international courts. Other changes would instead require only amendments of the Court's Rules or even only changes in the Court's practice directions.

Abstract The CALorimetric Electron Telescope (CALET) space experiment, currently under development by Japan in collaboration with Italy and the United States, will measure the flux of cosmic-ray electrons (including positrons) to 20 TeV, gamma rays to 10 TeV and nuclei with Z=1 to 40 up to 1,000 TeV during a two-year mission on the International Space Station (ISS), extendable to five years. These measurements are essential to search for dark matter signatures, investigate the mechanism of cosmic-ray acceleration and propagation in the Galaxy and discover possible astrophysical sources of high-energy electrons nearby the Earth. The instrument consists of two layers of segmented plastic scintillators for the cosmic-ray charge identification (CHD), a 3 radiation length thick tungsten-scintillating fiber imaging calorimeter (IMC) and a 27 radiation length thick lead-tungstate calorimeter (TASC). CALET has sufficient depth, imaging capabilities and excellent energy resolution to allow for a clear separation between hadrons and electrons and between charged particles and gamma rays. The instrument will be launched to the ISS within 2014 Japanese Fiscal Year (by the end of March 2015) and installed on the Japanese Experiment Module-Exposed Facility (JEM-EF). In this paper, we will review the status and main science goals of the mission and describe the instrument configuration and performance.

In July 2008, the Italian Court of Cassation held that Italian courts lacked jurisdiction over the 2005 killing in Baghdad by a US serviceman of an Italian intelligence officer in civilian clothes and the wounding of another officer and a reporter. The Court asserted that the action was accomplished by the serviceman while fulfilling his official duties, and that he therefore enjoyed functional immunity from foreign courts. According to the Court, this immunity was not removed by the fact that the killing allegedly amounted to a war crime. The Court took the view that war crimes are ‘grave breaches’ of international humanitarian law, and must be large-scale, odious and inhuman, as well as intentional acts, whereas the killing at issue was not. The author argues that the Court premised its reasoning on a clearly erroneous definition of war crimes.

1. No one can deny that self-determination has been one of the most important driving forces in the new international community. It has set in motion a restructuring and redefinition of the world community's basic ‘rules of the game’. At the same time, its ideological and political origins render selfdetermination a multifaceted but extremely ambiguous concept: a concept that is, at one and the same time, both boldly radical (in that it promotes democratic self-government, and free access of peoples to the role of international actors) and deeply subversive and disruptive (in that it undermines territorial integrity and may lead to the fragmentation of the international community into a myriad of national or ethnic entities, all poised to fight one another). Self-determination is also significant jurisprudentially. For one thing, its study enables us to inquire into the underlying tensions and contradictions of international relations as well as the interplay of law and politics on the world scene. For another, self-determination belongs to an area where states’ interests and views are so conflicting that states are unable to agree upon definite and specific standards of behaviour and must therefore be content with the loose formulation of very general guidelines or principles. Indeed, this is an area where it is easier for states to proclaim principles than distil hard-andfast rules: principles, being general, woolly and multifaceted, lend themselves to various and even contradictory applications; in addition, they are susceptible to being manipulated and used for conflicting purposes.

Technological progress has enabled belligerents in modern warfare to increasingly use extremely cruel weapons which inflict agonizing and terrible suffering. One need only think of nuclear weapons, whose radiation causes either death or awesome diseases; incendiary weapons, containing napalm and phosphorus, which produce dreadful burnings; and fragmentation and cluster bombs, the latest generation of which consists of bombs containing pellets of plastic, which, having penetrated the human body, cannot be traced by X-ray. This chapter addresses the question of how international law faces these inhumane agencies of destruction. It considers the efforts so far made by international legislators to cope with modern progress of large-scale, industrialized cruelty, as well as to the basic deficiencies of the regulation that States have hitherto achieved.

The NA62 experiment will begin taking data in 2015. Its primary purpose is a 10% measurement of the branching ratio of the ultrarare kaon decay $K^+ \to \pi^+ \nu \bar{ \nu }$, using the decay in flight of kaons in an unseparated beam with momentum 75 GeV/c.The detector and analysis technique are described here.

Abstract Given that international adjudication is unable to ensure compliance by states with international rules, two existing methods are proposed, which seem indicative of the new international society and more attuned to its needs: monitoring (a modern process of verifying compliance with and inducing respect for international legal standards); and institutional fact-finding (a method of establishing facts resort to which is not contingent on the will of the states concerned). Monitoring should be expanded to all multilateral treaties, by establishing within the UN a Committee of experts entrusted with overseeing the implementation of multilateral treaties to be made in future. Monitoring should be strengthened in at least four areas: armed conflicts, use of nuclear energy, human rights, and environment. As for fact-finding, the relevant bodies should not be established by states, but by international organizations, and not necessarily with the consent of the state or states concerned.

Abstract International law still proves unable effectively to bring about the necessary changes of domestic legislation at odds with international rules. Four measures would be necessary to change this state of affairs. There should be an international judicial body charged with authoritatively establishing, firstly, whether in a specific instance a state has breached a rule imposing to amend national legislation so as to make it consistent with international rules, and, secondly, in the affirmative, enjoining the state to modify its legislation forthwith. A monitoring body should be entrusted with ascertaining whether the state has followed up that ruling. States should pass a constitutional provision stating that any time a national piece of legislation is in conflict with an international norm, such legislation is automatically repealed or, at a minimum, courts, administrative bodies, and individuals are bound to disregard it. Whenever there is a doubt or a dispute on whether national legislation conforms to international rules, national courts as well as natural and legal persons should be empowered to bring the case before an international court, tasked to pass on the matter with legally binding effect. However, the current condition of the world community renders the implementation of the suggested reforms very difficult. Based on the experience of some regional courts, it is suggested that any progress may only occur within regional groupings, not at the universal level.

A large RICH detector is used in NA62 to suppress the muon contamination in the charged pion sample by a factor of 100 in the momentum range between 15 and 35 GeV/c. Cherenkov light is collected by 1952 photomultipliers placed at the upstream end. In this paper the characterization of the photomultipliers and the dedicated Frontend and Data Acquisition electronics are described, the time resolution and the light detection efficiency measurement are presented.

Journal Article Can the Notion of Inhuman and Degrading Treatment be Applied to Socio-Economic Conditions? Get access Antonio Cassese Antonio Cassese * Member of the Board of Editors Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 2, Issue 2, 1991, Pages 141–145, https://doi.org/10.1093/oxfordjournals.ejil.a035789 Published: 01 January 1991

"Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on these fields of interest, be they focused on one country or comparative, theoretical or methodological in nature.

So far States have adopted two different approaches to the banning of weapons. They have either laid down general principles concerning broad and unspecified categories of weapons, or they have agreed upon restraints on the use of specific weapons. This chapter assesses the merits and inadequacies of general principles and specific-ban approach. It argues that the present international law on means of warfare no doubt greatly benefits major powers. It includes only a few general principles, which are so vague that they have little value as a yardstick for the assessment of the conduct of belligerents. In addition, the limited number of specific bans at present in force only covers minor weapons, or arms (such as bacteriological weapons) which were prohibited mainly because they could also affect the belligerent using them. Instead, really important weapons such as nuclear bombs or new conventional weapons do not fall — in the opinion of most States — under any prohibitory rule of international law.

A Ring Imaging Cherenkov (RICH) detector is the key element for particle identification in the NA62 experiment at CERN. Its purposes are to distinguish pions from muons in the momentum range from 15 GeV/c to 35 GeV/c with a muon suppression factor at the 0.5% level, to measure the particle arrival time with better than 100 ps resolution and to provide the reference time and a fast signal for the trigger system. This paper describes the updated detector design, the present status of the construction, the final results of a prototype beam test and a possible application of Graphics Processing Units in the NA62 trigger system based on RICH information.

Abstract According to many commentators, the state is in crisis because it is undergoing a downright expropriation of the main prerogatives and functions associated with it, to the benefit of international agencies and organizations, on the one hand, and the business world, on the other. Regarding the latter, it is pointed out in particular that it increasingly escapes the grasp of ‘state-centric’ law — whether national or international — and ultimately operates under the exclusive dominion of the rules it gives itself: private law made by private persons, in the logic of ‘leges mercatoriae’ (or the like). This chapter first considers the evolution of international law, and then the autonomy of private economic power, as contributory causes of the alleged crisis of the state.

This chapter discusses the process toward the eventual adoption of a Statute for a permanent International Criminal Court (ICC) and the adoption of Statutes of various ad hoc international criminal courts. The process can be conceptualized in terms of several distinct phases: abortive early attempts (1919–45); the establishment of the Nuremberg and Tokyo Tribunals in the aftermath of the Second World War (1945–7); the post-Cold War ‘new world order’ and the establishment by the UN Security Council of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda (1993–4); the drafting and adoption of the ICC Statute (1994–8); and the establishment of ad hoc hybrid criminal courts.

This chapter addresses the question of whether foreign economic assistance to states grossly disregarding human rights has an impact on the enjoyment of civil and political rights in those states, focusing on the case of Chile. It shows that in Chile, economic assistance to a very great extent permits the perpetuation of violations of human rights, and such violations, in turn, bring about the necessary conditions to obtain economic assistance.

Abstract Article 3 of the European Convention on Human Rights states: ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’ and is one of its most important provisions. This is borne out by the fact that — along with Articles 2, 4(1) and 4(7) — it is a rule from which no derogation is allowed, not even in times of war or other public emergencies threatening the existence of a Contracting State. It is particularly difficult to pinpoint the exact scope and meaning of the bans enshrined in Article 3 regarding the notion of ‘inhuman’ and ‘degrading’ treatment or punishment. This chapter examines how the European Commission and Court have interpreted Article 3 in their case law. Finally, it suggests possible avenues for further developments in the application of Article 3.

This chapter discusses the six main areas where the law of armed conflicts is most glaringly in need to be updated because of fresh and multifarious developments in warfare. First, it considers the dividing line between international and internal armed conflicts. Second, there is the problem of which categories of combatants can be treated as legitimate belligerents and consequently qualify on capture for prisoner-of-war status. Third, there is the question of the introduction into warfare of new and very cruel weapons. Fourth, the protection of civilians in light of new methods of combat needs attention. Fifth, the chapter considers ways and means of ensuring the implementation of the law of armed conflict. Sixth, the legal regulation of internal armed conflicts is considered.

The NA62 RICH detector is used for the separation of pions and muons in the momentum range 15-35 GeV/c and is expected to provide a muon suppression factor better than 10 <sup xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">-2</sup> . A prototype of the final detector equipped with about 400 PMs (RICH-400 prototype) was built and tested in a dedicated run in 2009. The π-μ separation was tested, as well as the effect of the contamination of the neon radiator with different amounts of oxygen and CO <sub xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">2</sub> . The μ misidentification probability is about 0.7% and the time resolution better than 100 ps in the whole momentum range. We did not observe any absorption of the light due to the contamination of the radiator, however an effect on the ring radius is clearly observed due to the change of the refractive index of the medium. The conclusion of the studies is that the amount of CO <sub xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">2</sub> in the final detector should be known at the 10 <sup xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">-3</sup> level of precision or the quality of the pion identification could be seriously compromised.

The NA62 experiment at CERN aims to measure the branching ratio of the ultra-rare charged kaon decay K + → π + ν ν with a 10% accuracy and with a background contamination at the 10% level.Since the branching ratio of this decay is O(10 -10 ), to fulfill such request one of the main backgrounds, the decay, must be suppressed by a rejection factor of 4 × 10 -13 (assuming 10% signal acceptance).This can be partially accomplished using a combination of kinematical cuts (8×10 -6 ) and the different power of penetration through matter of pions and muons (10 -5 ).A further 5×10 -3 suppression factor will be provided by a RICH detector, in a momentum range between 15 and 35 GeV/c.The details of the RICH project as well as the results from test runs performed on a RICH prototype of the same length of the final detector will be presented.The current status of the construction and the description of the final readout and trigger electronics will also be reviewed.

Abstract This chapter casts a net on the previous chapters, gathering the main problems which have been grappled in the book, and surveying the solutions proposed from the discussion that has unfolded. At least four conclusions can be drawn from the critical assessment of international institutions undertaken by the various contributors to this book: states to continue playing a dominant role; there is no hope for a reform of the United Nations; world society is still governed by state interest; and there is room both for enhancing some nascent ‘communitarian’ features of the international order and for legal change in many areas.

NA62, an experiment at the CERN SPS to measure the branching ratio for the decay K+ -> pi+ nu nu-bar with ~10% precision, will observe ~10^13 K+ decays in its fiducial volume, and will thus also be able to carry out a rich program to search for forbidden K+ and pi0 decays, including in particular K+ decays that violate the conservation of lepton flavor and/or number. NA62's potential performance in searches for a number of forbidden K+ and pi0 decays is discussed, with initial sensitivity estimates.

This book consists of interviews with five distinguished international lawyers from the UK, USA, Uruguay and France, conducted by the editor, Antonio Cassese, between 1993 and 1995. Each interview is preceded by a brief ‘intellectual portrait’ of the interviewee. In his general introduction Cassese stresses that the interviews, all based on the same questionnaire, were intended to bring out not only the main ideas associated with each scholar in the fields of international law and international relations, but also his intellectual and philosophical background, his general outlook and his views of the prospects for the evolution of the international community. In his final essay, Cassese brings together the main threads of the interviews and points to the parallels and divergences appearing from them.

The High Luminosity Large Hadron Collider (HL-LHC) at CERN is expected to collide protons at a center-of-mass energy of 14TeV and to reach the unprecedented peak instantaneous luminosity of 5–7.5×1034cm−2s−1 with an average number of pileup events of 140–200. This will allow the CMS experiment to collect integrated luminosities up to 3000–4000fb−1 during the project lifetime. The current CMS pixel detector cannot sustain the expected radiation levels and data rates foreseen at HL-LHC and thus a completely new Inner Tracker will be installed in order to fully exploit the delivered luminosity under the highly demanding conditions. The new pixel detector will feature increased radiation hardness, higher granularity and capability to handle a higher data rate and longer trigger latency. The design choices for the Inner Tracker Phase-2 upgrade are discussed along with some highlights on the technological approaches and R&D activities.

Abstract The LHC machine will be upgraded to increase its peak luminosity to 5–7.5 × 10 34 cm −2 s −1 and to possibly reach an integrated luminosity of 3000–4000 fb −1 , with an average number of pileup events of 140–200. The CMS experiment needs to be upgraded to keep up with the new challenges: the unprecedented radiation environment translates to the detector requirement of high resilience, while the increased number of events per bunch crossing requires higher detector granularity. Thus a completely new Inner Tracker will be installed. Design choices for the Inner Tracker Phase-2 upgrade, highlighting R&amp;D activities and technological approaches, will be presented.

Journal Article Eichmann: Is Evil So Banal? Get access Antonio Cassese Antonio Cassese Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 7, Issue 3, July 2009, Pages 645–652, https://doi.org/10.1093/jicj/mqp028 Published: 24 July 2009

The author discusses a decision handed down in 2007 by an Italian military court concerning the firing by Italian troops on an Iraqi ambulance in 2004, at Nassiriyah, resulting in the killing of four civilians. The court held that the action was covered by the defence of putative special military necessity and consequently acquitted the two defendants. The author argues that the accurate basis on which to exclude criminal culpability, both under Italian law and international criminal law, could be the excuse of putative self-defence. He also raises the issue of whether in that case the servicemen behaved negligently in acting in the belief that the ambulance was likely to be a car-bomb. The author then discusses the question of compensation to civilians for violations of international humanitarian law, regardless of whether such violations entail the criminal liability of the perpetrators.

No continent has been spared from internal armed conflicts and serious internal disturbances. What is more worrying though is that, for various historical and political reasons, internal conflicts have now become more numerous than international conflicts and they tend to be more prevalent in Third World countries. This chapter discusses the rarity of international norms on civil wars, how international law takes into account civil wars, the distinction between traditional international law and modern international law, and the evolution of contemporary law.

Abstract This chapter discusses the impact of the 1789 French Revolution and the 1917 Soviet Revolution on the law of the international community. The two revolutions have contributed to the profound democratization of the international community; in other words, to the transformation of this cluster of potentates and monarchs only attentive to dynastic battles, territorial conflicts, and attempting economic, political and territorial expansion, into a genuine community. The latter has two critical features. First, it is composed of governmental entities that handle human groups on the basis of a territory and strive to respect certain fundamental rights of the individuals, nations and people living on these territories. Secondly, representatives of human groups now also have a say in international dealings, at least to a certain extent: these are the movements of national liberation and individuals (no matter whether as persons or as representatives of ethnic, religious, cultural or racial minorities).

This chapter addresses the following questions: first, why is terrorism to be condemned from the point of view of the human rights and humanitarian law philosophy? Secondly, under what circumstances can States be called to account for terrorist activities carried out by private groups and organizations? Thirdly, to what extent should terrorists benefit from international and national standards on human rights? Fourthly, is it legitimate to claim that the need to fight terrorism warrants curtailments of or restrictions on the human rights of the whole population? International law makes it clear that States must react to terrorism without turning savage themselves; they are always to maintain a humane countenance. To this end, they should endeavour to understand and eliminate the causes of social sickness on which terrorism thrives, and which it aggravates rather than cures.