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Commission is a well-established form of liability in ICL. In the Tadić Appeal Judgment, the ICTY confirmed that commission is first and foremost ‘the physical perpetration … by the offender himself’. Additionally, multiple other forms of commission exist, some of which do not necessarily require that a perpetrator commit a physical offence directly.
Historically, aiding and abetting, as such, was not included in the Charter of the Nuremberg Tribunal or the Charter of the Tokyo Tribunal. Rather, Control Council Law No. 10 first provided for the criminal prosecution of persons who were ‘accessor[ies] to the commission of any … crime or ordered or abetted the same’. Oddly, aiding and abetting was also not explicitly included in the 1950 Nuremberg Principles or the 1954 ILC Draft Code of Crimes – in both documents ‘complicity’ is employed – but it reappeared in Article 3(2) of the 1991 ILC Draft Code of Crimes and in Article 2(3)(d) of the 1996 ILC Draft Code of Crimes. Nonetheless, it is now consistently found in the Statutes of all modern international criminal tribunals.
While it is impossible to summarize the findings of this book, a few observations, points of interest, can be made. First of all, a few words on the customary law status of the modes of liability and inchoate concepts of liability that we discuss.
Criminal responsibility for contributing to a group acting with a common purpose is a key – yet controversial – issue in ICL. On the one hand, it is well-known that international crimes are normally committed by groups of people acting pursuant to joint plans or agreements. This calls for liability theories that establish responsibility based on the accused’s participation in a collective criminal effort. On the other hand, the principles of individual criminal responsibility and personal guilt proscribe the attribution of crimes committed by others to the accused merely because of his/her membership in a group or organization.
Command responsibility, as a modern doctrine of criminal law, originates in the atrocities committed by members of the Imperial Japanese Army in the Philippines between 9 October 1944 and 2 September 1945. That the atrocities – starvation, execution, rape and burning of homes – violated the laws of war is uncontroversial. More controversial, and of enduring doctrinal interest, was the potential individual responsibility of General Yamashita, Commanding General of the Imperial Army’s Fourteenth Group prior to his surrender to US forces.
Despite recent developments, prosecuting attempts to commit international crimes have typically been rare at the international level. The infrequency of prosecution can be explained by several factors. Some scholars have argued that attempt liability for war crimes, crimes against humanity or genocide might not have met the ‘seriousness requirement’ in order to be brought within the ICTY and the ICTR’s respective jurisdictions or might not ‘have implicated the collective considerations of peace and security that animated the creation of the tribunals in first instance’. Moreover, according to Schabas, prosecuting attempted international crimes was not entirely necessary since international courts and tribunals were generally established ex post facto, that is once such crimes have already been committed.
This chapter examines the concept of co-perpetration, as defined and developed in the jurisprudence of the ICC. To this end, the research contained herein is divided into two separate, yet interrelated, parts that focus on the two distinct forms of co-perpetration, which the Court has recognized in its case law: ‘direct’ and ‘indirect’ co-perpetration.
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Major depressive disorder (MDD) is a highly heterogeneous condition in terms of symptom presentation and, likely, underlying pathophysiology. Accordingly, it is possible that only certain individuals with MDD are well-suited to antidepressants. A potentially fruitful approach to parsing this heterogeneity is to focus on promising endophenotypes of depression, such as neuroticism, anhedonia, and cognitive control deficits.
Within an 8-week multisite trial of sertraline v. placebo for depressed adults (n = 216), we examined whether the combination of machine learning with a Personalized Advantage Index (PAI) can generate individualized treatment recommendations on the basis of endophenotype profiles coupled with clinical and demographic characteristics.
Five pre-treatment variables moderated treatment response. Higher depression severity and neuroticism, older age, less impairment in cognitive control, and being employed were each associated with better outcomes to sertraline than placebo. Across 1000 iterations of a 10-fold cross-validation, the PAI model predicted that 31% of the sample would exhibit a clinically meaningful advantage [post-treatment Hamilton Rating Scale for Depression (HRSD) difference ⩾3] with sertraline relative to placebo. Although there were no overall outcome differences between treatment groups (d = 0.15), those identified as optimally suited to sertraline at pre-treatment had better week 8 HRSD scores if randomized to sertraline (10.7) than placebo (14.7) (d = 0.58).
A subset of MDD patients optimally suited to sertraline can be identified on the basis of pre-treatment characteristics. This model must be tested prospectively before it can be used to inform treatment selection. However, findings demonstrate the potential to improve individual outcomes through algorithm-guided treatment recommendations.
Functionally graded materials (FGMs) in which the elemental composition intentionally varies with position can be fabricated using directed energy deposition additive manufacturing (AM). This work examines an FGM that is linearly graded from V to Invar 36 (64 wt% Fe, 36 wt% Ni). This FGM cracked during fabrication, indicating the formation of detrimental phases. The microstructure, composition, phases, and microhardness of the gradient zone were analyzed experimentally. The phase composition as a function of chemistry was predicted through thermodynamic calculations. It was determined that a significant amount of the intermetallic σ-FeV phase formed within the gradient zone. When the σ phase constituted the majority phase, catastrophic cracking occurred. The approach presented illustrates the suitability of using equilibrium thermodynamic calculations for the prediction of phase formation in FGMs made by AM despite the nonequilibrium conditions in AM, providing a route for the computationally informed design of FGMs.
This work investigates the relative contributions to strengthening from twinning, solid-solution, precipitation, and irradiation hardening mechanisms in sputtered Cu–W thin films irradiated to different doses. A nanograin solid solution strengthening mechanism with a linear compositional dependence is observed for the as-grown alloys and for the alloy samples irradiated to 0.5 dpa. Solid solution strengthening is the major strengthening mechanism for Cu99.5W0.5 at all irradiation doses. Irradiation induces precipitation in samples with W concentrations greater than or equal to 1% at doses above ≈0.5 dpa. The growth of 1–4 nm precipitates enhances the hardness of these alloys, and the degree of strengthening is determined by the interparticle spacing. While the alloys exhibit steady-state properties after a relatively low dose (≈1 dpa), the different time scales associated with detwinning and damage accumulation in pure Cu lead transients at higher doses (>5 dpa).
Many biological settings involve complex fluids that have non-Newtonian mechanical responses that arise from suspended microstructures. In contrast, Newtonian fluids are liquids or mixtures of a simple molecular structure that exhibit a linear relationship between the shear stress and the rate of deformation. In modeling complex fluids, the extra stress from the non-Newtonian contribution must be included in the governing equations.
In this study we compare Lagrangian mesh and Oldroyd-B formulations of fluid-structure interaction in an immersed boundary framework. The start-up phase of planar Poiseuille flow between two parallel plates is used as a test case for the fluid models. For Newtonian and Oldroyd-B fluids there exist analytical solutions which are used in the comparison of simulation and theoretical results. The Lagrangian mesh results are compared with Oldroyd-B using comparable parameters. A regridding algorithm is introduced for the Lagrangian mesh model. We show that the Lagrangian mesh model simulations with regridding produce results in close agreement with the Oldfoyd-B model.
Cu90Ag10 alloys were subjected to severe plastic deformation at temperatures ranging from 25 to 400 °C and strain rates ranging from 0.1 to 6.25 s−1 using high-pressure torsion. The deformed samples were characterized by x-ray diffraction, transmission electron microscopy, and atom-probe tomography. A dynamic competition between shear-induced mixing and thermally activated decomposition led to the self-organization of the Cu–Ag system at length scales varying from a few atomic distances at room temperature to ≈50 nm at 400 °C. Steady-state microstructural length scales were minimally affected by varying the strain rate, although at 400 °C, the grain morphology did depend on strain-rate. Our results show that diffusion below 300 °C is dominated by nonequilibrium vacancies, and by comparison with previous Kinetic Monte Carlo simulations [D. Schwen et al., J. Mater. Res.28, 2687–2693 (2013)], their concentration could be obtained.