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Henry Luce III Fellowships | The …
auto resume xspf Get via App Store Read this post in our app! Online Video - Ads While Browsing (Yahoo!) - Patent Application - PRIOR ART REQUEST. This Patent Application has received a non-final rejection by the US Patent Office! An initial rejection is part of the typical course of a patent application. AN OVERBROAD PATENT ON online video advertisements - This application from Yahoo! seeks to patent the idea of. stopping a video advertisement on one browser tab and resuming the video advertisement within another browser tab! 10 minutes of luce dissertation your time can help narrow US patent applications before they become patents. Follow @askpatents on twitter to help. QUESTION - Have you seen anything that was published before 11/20/2011 that discusses: starting and resuming a video advertisements across tabs during browsing. If so, please submit evidence of prior art as an case study answer to this question. We welcome multiple answers from the same individual.
EXTRA CREDIT - A reference to luce dissertation fellowship anything that meets all of the persuasive criteria to the question above AND ALSO records the current time of henry luce play so as to resume at exactly the same place in the video advertisement. TITLE: Seemless online video advertisement during browsing. Summary : [Translated from Legalese into English] Online video advertisement during browsing - ad unit on first web page is paused when user sends request for second web page. On loading second web page the video advertisement resumes in the same time time during video. Claim 1 requires each and writing essay, every step below: A computer-implemented method of henry dissertation providing seamless online video advertisements, the computer-implemented method comprising: rendering a video advertisement on sony case study a first web page in a first tab; recording current time of play constantly during the rendering of the video advertisement; receiving a request for a second web page in dissertation the first tab from a user; unloading the first web page; loading the case second web page in the first tab; retrieving the current time of play stored corresponding to the unloading; and. resume the rendering of the video advertisement on henry dissertation the second web page based on critical streetcar desire the current time of luce dissertation play retrieved. In English this means: A method for providing seamless online video ads, comprising: Playing video ad in first web page; Recording current time of video while playing the video; Receiving request for second web page and loading second web page; and. Resume playing video ad in second web page at same time video was stopped in competiton first web page. Good prior art would be evidence of a system that did each and every one of these steps prior to 11/20/2011.
You're probably aware of ten pieces of art that meet this criteria already. separately, the applicant is claiming recording the stop time of the video so as to luce dissertation fellowship resume in the same place during browsing. providing seemless online video advertisements from the Applicant What is essay competiton, good prior art? Please see our FAQ. Want to help? Please vote or comment on submissions below. We welcome you to henry luce dissertation fellowship post your own request for prior art on essay other questionable US Patent Applications.
This is somewhat similar to another prior art request on Ask Patents: URL pointing to time of video. The answers there may be applicable for some of the claims here. Thinking on henry this some more, a video ad is just streaming video media. With that in mind, netflix has had a resume play feature since at resume strentghs, least January 2011 (second google search result was people talking about it it on a forum in January 2011). So in netflix's case, while not automatic, you can watch a video on dissertation fellowship one device, pause/exit, come back in on a different device, and critical essays streetcar named, resume where you left off at. Henry Dissertation Fellowship? There is of course no reason why a user could not load netflix up in one tab, start watching, pause, load up netflix in a second tab, resume watching. The open-source embeddable Enhanced XSPF Player With Autoresume Support has offered this exact functionality for music only for essay, any webpage since at least Nov 2006. Earliest archive.org copy (Nov 2006): The implementation of the auto-resume feature in XSPF is described as follows: This player stores the player's current track and playback position in a Flash cookie. When the luce dissertation user moves between pages, the player goes away, of course.
But the player on the new page will see the cookie and pick up where the first player left off. Critical Essays? This appears to exactly match the technique described in luce fellowship claim 1 of the patent. However, the player is for audio not video. Essay? The technique of auto-resuming video playback across page loads was invented, publicly described, and successfully implemented by users of the embeddable JWPlayer in 2009 , well before the filing date. See. player to resume play position on refresh? The original poster Sophie asks about applying the technique to audio playback: I am interested in creating an mp3 player which does something similar to the one mentioned in this topic.
I need the player to remember the playing state, playing position, track number playing and volume by using a cookie, and dissertation, then to reload those from the pollution essay cookie whenever the person moves from page to page or refreshes the page on the website so the music playing would be almost seamless. However user Lost chooses to luce fellowship use a video to demonstrate the technique: OK, somebody test it and tell me what's broken. http://willswonders.myip.org:8074/Simple_ChocolateChipCookies.html . Just copy the page source from Simple_ChocolateChipCookies.html and adjust to your player version, video file , image, etc. User Seynna confirmed that user Lost had sucessfully implemented the technique: hey lost, that seems to work really well. how do you set it up? The sample code (Simple_ChocolateChipCookies.html) is not in archive.org. But a later thread on a research the same forums reproduces the luce fellowship code: see posting by user noone on Tue, 2010-12-14 13:23 (still well before the patent date): Therefore, the technique of resume strentghs auto-resume for videos described in claim 1 is henry dissertation fellowship, not patentable.
The specific application of it to advertisements is obvious to any reasonably skilled person working in this area.
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Henry Luce III Fellowships | The …
resume to last point Resume Media has evolved into a collection of features that might. appeal to users who have libraries of video and audio files. Designed in Windows. Luce Dissertation. Mostly works in Linux. Not yet in OSX. Resume Media displays the saved positions of resume, all media as well as a. bookmark where last played in fellowship each table. Media segments can be.
defined without editing your file allowing you to critical, watch or listen. to your favorite parts. Luce Fellowship. Media can be automatically added or removed. from a table when the media stops or finishes. Old-style tv video. ratios can be adjusted without going to the VLC menu each time. There are fun settings to sample media for a number of seconds or. play at different speeds. And more. album.
The resume feature then allows you to play and school, stop and. quickly resume whichever entries interest you at the time until you. have finally completed the henry luce fellowship, list. Sort the list to see which entries. you have started. chapters. Case Study. Never lose your place. Adjust 'rewind' time to your liking.
to help re-sync your memory with the story. Adjust 'playback speed' to speed up (or slow down) that over-acting narrator or to save time. Then go to the segments list to play whichever highlights that. friends and relatives are leaning over henry your shoulder to see. You can also tag the individual titles in a single file album. a table.
Then, when you are ready, move one entry to VLC, expand it, and import the media list back to strategy, a different table for execution. The playing media is fellowship bookmarked with an '*' symbol. When finished, the bookmark advances to the next unfinished media. If all media finished, the bookmark increments to high persuasive, the next media. There's a convenient button to henry luce, play the bookmark where you left off. Play unfinished or whole table with options to randomize and essay competiton, loop.
* Designed in Windows. Mostly works in Linux. Does not work in dissertation OSX. See Mac Attack and Licking Linux near the strentghs, end of the description. * If this version is not available in the VLC Addons Manager, you can.
install it manually from this Addons site. Open zip file, copy the henry luce dissertation fellowship, lua. file to C:Users%UserName%AppDataRoamingvlcluaextensions. or %homedir%/.local/share/vlc/lua/extensions/ for Linux (unhide .local) Create ..luaextensions directory if necessary. Delete old versions. When installed, restart VLC and check 'Resume Media' in essay competiton View menu. (Extensions must be checked each time VLC is henry luce opened. It's OK. ) * A Command prompt window will flash in Windows the first time only. to create the data directory ..vlcVLC Resume Media.
Note: The [play/options] menu changes while VLC playlist is playing. * If the essay competiton, VLC playlist is stopped (not playing), then you can click. [play/options] [add VLC] to add the VLC playlist to current table. * If the VLC playlist is playing (or paused), then you can click. [play/options] [position] to luce, add the playing media to the table. * There's a setting to allow automatic new entries when media stops. * Click [play/options] [settings] to access the settings table. * There is sound essay a media-just-started tolerance of 60 seconds, so you have. 60 seconds to sample media without saving the stop position. * When resuming, position will rewind 5 seconds from saved position. * Settings 'media-just-started' and henry luce fellowship, 'rewind' are adjustable.
* In the event there are identical media names in the VLC playlist, Resume Media assumes they are truly identical (same media file). * Operations are performed on critical streetcar named desire, current table. Switching tables while. media playing may cause stop position to be updated in the new table. * Marking a table with '*' will remove media from dissertation, table when finished. * The number of tables is sony case study adjustable from luce dissertation, 1 to 50 tables. * Higher tables are not deleted when the number of tables is lowered. * To delete a table datafile, remove all contents and remove mark '*'.
* Combining tables saves the highest position of case study strategy, duplicate entries. * When sorting by time, 'Finished' media will always be at the bottom. * You can set media saved positions to 'hh:mm:ss' or to luce, 'Finished'. * 'Finished' media will not update position unless reset to 'hh:mm:ss'. * 'Finished' media will remain in any table when replayed to the end. * You can backup your tables if needed by copying the data directory. (In the essay competiton, data directory, the table # in each file is the file # plus 1) * If you open Resume Media while a media is playing, the next stop. event will be undetectable. Henry. Stop and restart media to allow detection. or click [play/options] to manually save the sound pollution essay, position without stopping. useful for making convenient tables of playlists.
Note that the saved. position and bookmark are meaningless for these files and do not. respond as expected. two instances of henry, VLC must switch to different tables so that the. instances do not overwrite each other's tables. changes and need to restore a table, then go to a research, [settings] and enter: restore t1 | restore t1 t2 | restore all , where.
t1 = table to restore, t2 = alternate destination, all = all tables. There are three Key=Value parameters which can be set for each. media in dissertation any table. The two picture keys are described in the Picture. section following this and apply to video only. The third key is:
A reasonable range for % is 25 to 300 and the default is RMP=100. The motivation for adding the desire, speed key is to allow up or down tuning. of an henry, instrumental audio to resume, sync it with a live instrument performance. (See Pitch setting in the Fun Settings section further down.) * If the Playback Speed setting in luce the Settings table is set to other. than 100 (also see Fun Settings) then that speed setting overrides the. individual RMP speed keys for each media. * Go to the Resume Media Settings and allow application of keys. * While a media is playing (or paused), go to: [play/options] [keys] to set the keys for media in the current table. * Spaces are not allowed in Key=Value. * To delete a key, enter Key= (no value) or remove Key= altogether. * To delete all keys, clear the input line.
* There is one level of [undo], then [cancel] will reset the keys to. the values before [keys] was pressed. * There is a Keys setting in the Settings table which is 1, 2 or 3: 1= Do not apply keys (existing keys are preserved in the tables) 2= Apply keys. Also, when in the [keys] input screen, corresponding. keys which have been placed in the playing media's metadata (explained. further down) will be read from the metadata and placed in the input.
box to allow easy manual entry of the key values into the table. 3= Apply keys. Also, corresponding keys which have been placed in. the playing media's metadata will be read from the metadata and. automatically entered into critical streetcar the table for fellowship, that media. Note: It may take several plays to successfully read the metadata. You can place keys (ex. RMP=102) in sound pollution essay a media file's metadata comments. section to luce dissertation fellowship, save the keys with the media file when not in a table.
* Changing metadata is competiton easier in dissertation fellowship Windows. Go to Properties Details Comments. A Research. If you select a group of similar files, you can change them. all at dissertation, once. Writing Essay. Remove write-protection first. * When in henry dissertation the [keys] or [segments] screen, you can enter getallkeys in the input line to retrieve all keys (including segment keys) into. the input line for easy transfer to a file's metadata comments section. * Segments are also keys, but their structure is normally hidden.
Be careful when including segment keys in the metadata, since they can. be long. The limit using Windows properties is. (Be careful changing metadata using VLC. I have seen media corrupted.)
I might generalize to allow any vlcrc parameter to be used as a key. Let me know if you want a particular VLC parameter added to the. keys to allow individual media adjustment and I will check it out. Parameters differ in success when applied by lua extensions. Users with videos or tv recordings that need picture adjustment might. be tired of resume, manually adjusting the fellowship, picture in VLC each time they play. There are Resume Media keys to adjust aspect-ratio and crop values. automatically while a video is playing.
* Picture keys are RMA=nn:mm and RMC=nn:mm where nn:mm are ratios. (Ex. RMA=16:11 might make a boxy tv video aspect-ratio more appealing.) * See the Keys section above to sony case study strategy, enter keys into the table. * For technical reasons, application of picture keys is limited to. single selection plays initiated from any one of the luce fellowship, Resume Media play.
options. Multiple selections will play normally. Since videos are. usually long, playing one at a time should not be an issue. Segmenting of high persuasive essays, media allows you to set start and stop times and name. the segments for any media (usually video, but audio also). Resume. Media will play the luce, segments while ignoring the other parts.
* Go to the Resume Media Settings and allow segmenting of critical essays named, media. * Play any media in the current Resume Media table. (Pausing is ok, since a paused media is still considered to be 'playing'.) * Now click [play/options] [segments] to prepare to edit segments. * Click [get] without selection to add media position to the input box. With a selection, [get] will load existing segment into the input box. * Segment elements are [start stop name]. Get a start and stop time, add an optional name, click [save]. Save order is based on start time. - The start/stop times will be switched if they are out of order. - Type 'end' instead of a time to dissertation fellowship, indicate play to end of essay, media. - The segment name cannot contain parentheses, ( or ). * You can [delete] unwanted segments. * Segment play is limited to single plays initiated from Resume Media.
Multiple selections will play normally without segments. * Setting mousewheel to position control in VLC Hotkey Preferences. can make locating start and henry luce fellowship, stop times more convenient. * There is a Resume Media setting to set the VLC Fullscreen setting. Use this to keep segment play in sony case a window or fullscreen. An alternate. Fullscreen setting in luce fellowship the VLC Video Menu lasts for one VLC session. * For consistent window viewing, you might want to consider unchecking. 'Resize Interface to Video size' in VLC Interface Preferences. * By default, the media name will show on a video at the beginning of. each segment.
There is a VLC Video Preference setting to competiton, turn that off. attempt is fellowship made to make the segments behave like a single file. The. segments will play in order and then the media will be marked finished. The media can be stopped and resumed in any segment. Essay Competiton. You can click. later in henry the time line and Resume Media will play the segment closest. to the time clicked.
Clicking past the resume strentghs, last segment will finish media. If [^loopv] selected in [play More] then the henry dissertation fellowship, segments will loop. so the school, media will just play from there until it hits the dissertation fellowship, end time of. the segment it was playing. Resume Media can detect When you click. past the segment end time and thereby decide what should be done next. Clicking Play in school persuasive VLC instead of Resume Media will not play segments. If you highlight some segments, then when the current segment ends,
Resume Media will loop the highlighted segments. This allows you to. dynamically choose which segments will play. Also, clicking later in. the time line (past the segment end) will play the next highlighted. segment instead of the henry dissertation, one closest to the time clicked, thus allowing. you to jump through the highlighted segments.
When there are no. highlights or you exit from the segment list, segments play normally. Be careful not to critical named desire, click [delete] when segments are highlighted. * Run time lets you sample all media for a set number of fellowship, seconds. * Start time lets you start further into essay competiton the media. A saved position. will override this value. * Playback speed lets you, say, listen to henry fellowship, an audio book faster or.
have fun with a video, etc. * Pitch setting allows the audio pitch to vary or be unaffected when. playback speed is varied. Allows tuning of instrumental audio media. * Loop setting allows automatic looping when playing from resume strentghs, Resume Media. that one song or piano piece out of a 100 you are looking for. (Use saved positions combined with Run time for luce dissertation, deep sampling.) I have not had access to a Mac for a while now. Mac users who want to. experiment to get Resume Media working on OSX can try the following: Set allowosx = true near top of lua file for Resume Media to run.
For tinkerers only. Don't get mad at anyone. Back up your lua file. Go down to writing, osx_display() function and henry dissertation, tinker with display settings. There is some additional explanation of the essay, display issues there. When (if) the dissertation, display works, I will check the rest of the functions. *** constructive comments are welcome *** The dialog window starts out large and gets longer with each operation. the VLC developers, and in malayalam, accepted.
There hasn't been any movement on. fixing this issue since 4/27. The VLC team needs programmers to henry luce dissertation fellowship, help. to make Resume Media for OSX possible. Everything seems to work properly in Linus except segmenting. I will work to fix this issue. Please let me know if there are. other repeatable issues that you would like me to address. Sound Pollution Essay In Malayalam. Thanks. If you like this program, please put your mouse cursor on the 'Score' at the top and henry, click the plus sign when it appears. Thanks!!
Last changelog: 2015-09-24 V3.40 61675. Detect XP in addition to later Windows. Setting to essays named, show/hide playlist control buttons in luce fellowship Resume Media. Setting to always loop selections played from Resume Media. Setting for constant/variable audio pitch when playback speed changed. Added key to allow individual media playback speeds.
2015-07-14 V3.38 58343. Fix button-click function re-entry issue for Linux. 2015-07-10 V3.37 58099. Now also works in Linux for the most part. Table data moved to VLC Resume Media directory in essays the vlc directory.
Tables backed up before a session and restorable during the session. 2015-07-01 V3.36 57668. Correct media finished flag in segment play. 2015-06-30 V3.35 57615. Correct looping issue in dissertation fellowship segment play. 2015-06-30 V3.34 57605. Correct 'run-time' setting behavior. Segment play order now correct if segments should happen to overlap. 2015-06-18 V3.33 56938. Segments can be dynamically selected for play in the segments list. 2015-06-12 V3.32 56608.
Improve some behaviors. 2015-05-31 V3.31 56015. Correct label in pollution essay in malayalam table view. 2015-05-31 V3.30 56000. Reverse default table behavior to not automatically add/delete media. Settings can be changed as needed to automate add/delete behavior. 2015-05-28 V3.30 beta1 55803. Introduction of media segmenting.
2015-05-27 V3.23 55668. Correct picture key handling when table order changes. 2015-04-13 V3.22 50813. Use the input box to set picture keys, saved positions and settings. Change to luce, picture-adjust keys only allowed when video playing. Setting to suppress automatic new table entry when media stops. 2015-03-24 V3.21 47979. Playback speed can now be set without restarting VLC. 2015-03-17 V3.20 46639.
New settings for start time, run time and playback speed Correct picture adjustment settings altered in V3.10. New setting to close or hide Resume Media when 'X' clicked. Eliminate one second delay between button clicks. Settings table now has its own button in the [play] menu. Allow copy as well as move when combining tables.
Improve a few behaviors. Display and adjust picture keys for competiton, the whole table. A manual update will now also update 'Finished' media. Setting to show bookmarked table entries in henry luce list of essay, tables. Advance bookmark when bookmarked media set to 'Finished'. Setting to allow manual or automatic picture adjustment. Version 3 with simpler handshaking with VLC. Bookmark feature added to keep track where last played. Play Bookmark/Unfinished/Table/Selection with Random/Loop options. Revert to version 2.40 due to unresolved issue in henry luce dissertation version 3.
V2 main menu and other buttons improved. Bookmark and writing a research essay, autoplay features added. Table can be randomized manually or in henry fellowship autoplay. Main menu and other buttons improved. If media is playing, clicking [import/play] will now do a manual. update of the playing position without stopping the media.
Improved text-reading economy using patterns. Cosmetic changes only. Modified a few labels. More intuitive. 'Keep Media' mark is now '*' instead of 'K'.
User settings (variables) are now adjusted in the dialog window. Removed the essay, instances/exclude/busy complexity and issues, thus. simplifying Resume Media and the dialog for luce dissertation, the majority of users. Moved user variables to top of school persuasive essays, download file for luce, easy adjustment. New variables to adjust size of table dialog window. Set variable simple = true to force a single hidden table with no. table dialog window. Control media and resume from the VLC playlist. Rewind 5 seconds when resuming (adjustable variable 'rewind').
Selection no longer needed before entering Set/Delete mode. Set default media-just-started to 60 rather than 30 seconds. Set media completed flag to 'Finished' rather than 00:00:01. You can now reset media to 00:00:00 or set to pollution essay in malayalam, 'Finished.' Amend the previous update to luce, include the case where the media is paused. If the pollution, table dialog 'Play' button is clicked while media is playing, the media. stop position will now update before selected entries are enqueued in luce dissertation fellowship VLC. One click can stop/enqueue or enqueue/play but not stop/enqueue/play.
Allow media to remain in an excluded table when completed. Set X for normal exclude or K to keep media with time reset to 00:00:01. Disallow automatic resume if Resume Media is opened while media is. playing, because the next stop event is undetectable in this case. Correct dialog update if media stopped during the tables dialog display. Correct open table option broken in last update.
Refine the media detection to eliminate spurious updates. A few other minor improvements. Resume Media will now open even if all tables are busy or excluded. This should be rare, but it allows recovery if tables are orphaned. Message saying that busy tables cannot be combined. Correct multiple-selection delete and sony strategy, move operations. Support for henry luce dissertation fellowship, multiple tables. Strentghs. Entries can be sorted by time or name. Add ability to rearrange table and to import the VLC playlist. * To add it automatically, click [Play/Options] and then [Settings]. Near the henry luce dissertation, bottom, change Block- to Allow new table entry when media stops.
From then on, when you stop a media in high school essays VLC, Resume Media will add the media name and luce, stop position to the current table if it is not already there. Good luck, Rocky. I can open the critical, extension from the henry luce fellowship, menu under VLC/Extensions but the window that opens never contains anything. I've also tried setting 'simple = true' in writing the file and still no luck, and also various ways of pausing/stopping/closing a video. and create subdirectory ..luaextensions. and created a text file named VLC Resume Media V3.lua 2. Type Cntl-A to highlight the dissertation, whole file contents. 3. Type Cntl-C to writing a research essay, copy the file contents to the clipboard. 4. Henry Luce. Open the writing essay, VLC Resume Media V3.lua file you created in a text editor like Notepad. 5. Type Cntl-V to copy the contents into fellowship the file. Close the critical essays, file.
6. Open VLC and go to View menu at the top. 7. If everything went as planned, you will see Resume Media V3 at the bottom of the View Menu. 8. Click it, and the Resume Media dialog window will open. Getting the same result as others - Resume pops a large window, striped, with no content, titled 'Resume Media Table 1'. I use windows 7 and when I press the download button I am immediately transferred to a txt page which says this - -- VLC Lua Extension by Rocky Dotterer 5/5/2014. filename = -- change if you want file(s) in your own directory. How can I download the Extension?
2015-09-24 V3.40 61675. Detect XP in addition to later Windows. Setting to show/hide playlist control buttons in Resume Media. Setting to henry luce, always loop selections played from a research essay, Resume Media. Setting for luce dissertation, constant/variable audio pitch when playback speed changed. Added key to allow individual media playback speeds. 2015-07-14 V3.38 58343. Fix button-click function re-entry issue for Linux.
2015-07-10 V3.37 58099. Now also works in Linux for the most part. Table data moved to VLC Resume Media directory in a research the vlc directory. Tables backed up before a session and restorable during the session. 2015-07-01 V3.36 57668. Correct media finished flag in segment play. 2015-06-30 V3.35 57615. Correct looping issue in segment play. 2015-06-30 V3.34 57605.
Correct 'run-time' setting behavior. Segment play order now correct if segments should happen to overlap. 2015-06-18 V3.33 56938. Segments can be dynamically selected for play in henry luce dissertation the segments list. 2015-06-12 V3.32 56608. Improve some behaviors. 2015-05-31 V3.31 56015. Correct label in table view. 2015-05-31 V3.30 56000. Reverse default table behavior to case, not automatically add/delete media. Settings can be changed as needed to automate add/delete behavior.
2015-05-28 V3.30 beta1 55803. Introduction of luce fellowship, media segmenting. 2015-05-27 V3.23 55668. Correct picture key handling when table order changes. 2015-04-13 V3.22 50813. Use the input box to set picture keys, saved positions and sound essay in malayalam, settings. Change to picture-adjust keys only henry luce dissertation fellowship allowed when video playing.
Setting to writing a research, suppress automatic new table entry when media stops. 2015-03-24 V3.21 47979. Playback speed can now be set without restarting VLC. 2015-03-17 V3.20 46639. New settings for start time, run time and playback speed
Correct picture adjustment settings altered in henry dissertation V3.10. New setting to close or hide Resume Media when 'X' clicked. Eliminate one second delay between button clicks. Settings table now has its own button in the [play] menu. Allow copy as well as move when combining tables. Improve a few behaviors.
Display and adjust picture keys for the whole table. A manual update will now also update 'Finished' media. Setting to show bookmarked table entries in list of tables. Advance bookmark when bookmarked media set to critical, 'Finished'. Setting to allow manual or automatic picture adjustment. Version 3 with simpler handshaking with VLC. Bookmark feature added to henry luce dissertation fellowship, keep track where last played. Play Bookmark/Unfinished/Table/Selection with Random/Loop options. Revert to version 2.40 due to unresolved issue in version 3. V2 main menu and essays named desire, other buttons improved. Bookmark and autoplay features added.
Table can be randomized manually or in henry luce autoplay. Main menu and other buttons improved. If media is playing, clicking [import/play] will now do a manual. update of the playing position without stopping the media. Improved text-reading economy using patterns. Cosmetic changes only. Modified a few labels. More intuitive. 'Keep Media' mark is now '*' instead of 'K'. User settings (variables) are now adjusted in the dialog window. Removed the instances/exclude/busy complexity and issues, thus.
simplifying Resume Media and the dialog for the majority of users. Moved user variables to top of download file for high school persuasive, easy adjustment. New variables to adjust size of henry fellowship, table dialog window. Set variable simple = true to force a single hidden table with no. table dialog window. Control media and resume from the VLC playlist. Rewind 5 seconds when resuming (adjustable variable 'rewind'). Selection no longer needed before entering Set/Delete mode. Set default media-just-started to 60 rather than 30 seconds. Set media completed flag to 'Finished' rather than 00:00:01. You can now reset media to 00:00:00 or set to 'Finished.'
Amend the previous update to in malayalam, include the case where the media is paused. If the table dialog 'Play' button is luce fellowship clicked while media is playing, the media. stop position will now update before selected entries are enqueued in VLC. One click can stop/enqueue or enqueue/play but not stop/enqueue/play. Allow media to remain in study an excluded table when completed. Set X for normal exclude or K to henry fellowship, keep media with time reset to 00:00:01. Disallow automatic resume if Resume Media is critical opened while media is. playing, because the next stop event is undetectable in this case. Correct dialog update if media stopped during the tables dialog display.
Correct open table option broken in last update. Refine the luce fellowship, media detection to eliminate spurious updates. A few other minor improvements. Resume Media will now open even if all tables are busy or excluded. This should be rare, but it allows recovery if tables are orphaned.
Message saying that busy tables cannot be combined. Correct multiple-selection delete and move operations. Support for case study, multiple tables. Entries can be sorted by time or name. Add ability to rearrange table and to import the VLC playlist.
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Essay on the CDF Appeals Decision. By Cosette Creamer, USA. About the dissertation CDF Trial. The Special Court for Sierra Leone (SCSL) issued an indictment against the three accused. persons of the Civil Defence Forces (CDF), Sam Hinga Norman, former Deputy Defence.
Minister and later Minister of Internal Affairs; Moinina Fofana, alleged to be the National. Director of the CDF; and Allieu Kondewa, alleged to be the High Priest of the CDF between. March and June 2003. The indictment include 8-counts for crimes against humanity, violations. of Article 3 Common to essay the Geneva Conventions and of Additional Protocol II (commonly. known as war crimes), and other serious violations of international humanitarian law. Sam Hinga Norman being the First accused made his initial appearance at the temporary. courthouse on Bonthe Island on 15 March 2003. Mr. Norman pleaded not guilty to all charges. against him.
Messrs. Fofana and Kondewa, Second and Third accused respectively also pleaded. not guilty to henry luce dissertation fellowship all the charges against them when they were arraigned before the Court at the. temporary courthouse on July 1, 2003. Competiton? The Prosecution presented its case from 3 June 2004 to 14 July 2006 presenting 75 witnesses.
From 19 January to 18 October 2006, the Defence presented 44 witnesses. Henry Dissertation Fellowship? Closing arguments. were made from persuasive, 28-30 November 2006. The specifics of the charges include: 2. Violence to life, health and physical or mental well-being of persons, in particular murder *2. Physical violence and mental suffering. 3. Luce? Inhumane acts *1. 4. Violence to life, health and physical or mental well-being of critical essays streetcar desire persons, in particular cruel treatment *2. Looting and luce burning.
Terrorizing the civilian population and sony strategy collective punishments. 6. Acts of terrorism *2. 7. Collective punishments *2. Use of child soldiers. 8. Conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to. participate actively in hostilities. Following that, first accused Hinga Norman was. hospitalized in Dakar to undergo a surgery. Unfortunately, he passed away on 22 February 2007. in Dakar.
On 20 July 2007, the Court issued its judgement and Fofana was found guilty on. Counts 2, 4, 5 and 7. Kondewa is found guilty on Counts 2, 4, 5, 7 and henry luce dissertation fellowship 8. The case against Hinga. Norman was dropped since he is deceased. The Trial Chamber sentenced Fofana to 6 years and. Kondewa to persuasive 8 years.
The Appeals phase- Second Accused Moinina Fofana and Third Accused Allieu Kondewa- was. concluded on 28 May 2008. Luce Fellowship? The Appeals Chamber re-sentenced Fofana to writing a research 15 years as opposed. to the original 6 year term and henry luce fellowship Kondewa to 20 years as opposed to the original 8. Mr. Fofana.
never appealed his original sentence. Kondewa appealed but in either case, it was the. Prosecution’s appeal for higher sentences that was ruled upon. The convicts are still at the. Special Court premises in Sierra Leone. One of the sound essay most controversial aspects of the Civilian Defense Forces (CDF) trial before the. Special Court for Sierra Leone (SCSL) has been whether and how the idea of a ‘just cause’ is.
relevant to luce dissertation fellowship the prosecution of international criminal law violations. Writing Essay? The idea that the henry fellowship CDF were. fighting for a ‘just cause’ - namely the restoration of the democratically elected government of. President Tejan Kabbah - has been raised as a defense to case the crimes committed, as material to. establishing the elements of the crimes charged, and as a mitigating factor in sentencing.
decisions. Some argue that the idea of a ‘just cause’ has absolutely no place in adjudicating. crimes under international humanitarian law, which does and should apply equally to all parties. to a conflict regardless of their reasons for fighting. Others argue that claims of a ‘just cause’ are. relevant to establishing the henry luce nature of the crimes committed and as a mitigating factor in.
sentencing decisions. Sony Case? Both the henry fellowship Majority Opinion in the CDF Appeal Judgment1 and the. Honourable Justice George Gelaga King’s dissenting opinion adopt a different approach and. attempt to differentiate between claims of a ‘just cause’ and the reasons a group has for fighting. In doing so, both opinions help illuminate how the ‘reasons for fighting,’ regardless of the. perceived justness of the cause, may be legally and evidentially relevant to adjudicating.
international crimes. High Persuasive? While claims of a ‘just cause’ imply that a party was fighting for a. legitimate purpose, or on henry luce fellowship the ‘right’ side, references to a party’s ‘reasons for fighting’ do not. imply such a normative judgment, and instead are merely descriptive of the end goal or objective. Given that the idea of a ‘just cause’ is often viewed as a divisive political issue, it might make. sense for resume strentghs, internationalized criminal tribunals to absolutely prohibit such considerations from. entering into judicial proceedings. To be sure, claims of a ‘just cause’ do not provide an excuse. for violations of international humanitarian or criminal law. If one looks at the underlying. tenants of Just War Theory, as propounded by 16th and 17th century philosophers, a just cause. only provides a group with an henry, excuse to resort to war as such.
In fact, one of the defining. elements of a Just War was that the party must fight the war ‘justly’ - that is, abide by the laws. of war, which today would include international humanitarian and case study strategy criminal law. While in. principle claims to a ‘just cause’ have no place in determining whether or not parties to henry luce fellowship a conflict 1 See Prosecutor v. Fofanah and critical named Kondewa, Judgment, SCSL Appeals Chamber, Case No. SCSL-04-14-A (May 28, 2008) [hereinafter CDF Appeal Judgment]. 2 See Prosecutor v. Fofanah and Kondewa, Judgment, “Partially Dissenting Opinion of Hon. Justice George Gelaga. King,” SCSL Appeals Chamber, Case No. SCSL-04-14-A (May 28, 2008) [hereinafter King’s Dissenting Opinion].
are permitted to violate the laws of war, the ‘reasons for dissertation, fighting’ themselves may sometimes be. evidentially material to establishing the requisite elements of crimes against humanity, completely apart from the ‘justness’ of these reasons. This paper will provide a brief summary. and analysis of the CDF Appeal Judgment and Justice King’s dissenting opinion, paying. particular attention to how the ‘reasons for fighting’ may be separated from considerations of.
‘just cause,’ their legal relevance in charges that the CDF committed crimes against humanity. and their use as a mitigating factor in sentencing decisions. ‘Reasons for Fighting’ and the General Requirements of essay competiton Crimes Against Humanity. The CDF Trial Judgment entered verdicts of not guilty for both accused, Moinina Fofana and. Allieu Kondewa, for Counts 1 and 3, charging crimes against humanity of murder and other. inhumane acts.3 A majority of the fellowship Appeals Chamber, with Justice George Gelaga King and. Justice Jon Kamanda partially dissenting, reversed these decisions and entered guilty verdicts for. both counts.
The Statute of the SCSL defines crimes against school persuasive essays, humanity as the commission of. “crimes as part of a widespread or systematic attack against any civilian population.” order to henry establish the commission of a crime against humanity (CAH), the Prosecution needed to. prove beyond a reasonable doubt, inter alia, that attacks by the CDF and the Kamajors were. directed “against any civilian population.” This is one of the resume strentghs general or ‘chapeau’ requirements. for crimes against humanity that must be proven in henry dissertation, addition to the actual commission of the. specific crime, i.e. murder.5 The Trial Chamber found that the Prosecution had not established. this requirement beyond reasonable doubt, based on evidence that attacks by essays named desire the CDF and the.
Kamajors were directed against henry dissertation, rebel forces, specifically the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council (AFRC), and the Prosecution’s admission that the. CDF and the Kamajors “fought for the restoration of democracy.”6. On its first ground of appeal, the Prosecution submitted that the Trial Chamber had erred in both. law and fact in not finding this general requirement of an attack directed against any civilian. population.7 The Prosecution first submitted that the Trial Chamber erred as a matter of law in 3 See Prosecutor v. Norman, Fofanah and writing a research essay Kondewa, Judgment, SCSL Trial Chamber I, Case No. SCSL-04-14-J. (August 2, 2007) [hereinafter CDF Trial Judgment].
4 See the Statute of the Special Court for Sierra Leone, Article 2. 5 See Steven R. Dissertation Fellowship? Ratner and Jason S. Abrams, Accountability for Human Rights Atrocities in International Law: Beyond the sony case study strategy Nuremberg Legacy, 2nd Ed. (Oxford: Oxford University Press, 2001), pp. 58-79. 6 CDF Trial Judgment, para. 693.
7 Prosecution Appeal Brief, para. 2.5. basing its finding on evidence that attacks were directed against henry, the rebels or juntas.8. Prosecution argued the Trial Chamber effectively adopted the view that, as a matter of resume strentghs law, an. attack cannot be directed against henry luce dissertation, a civilian population if there are civilian casualties during an. attack against opposing military forces.
The Prosecution further argued the Trial Chamber erred. as a matter of law in finding that the CDF ‘fought for the restoration of democracy,’ because this. is not and should not be a material consideration in determining whether or not crimes against. humanity were committed, given that international humanitarian law applies equally to all parties. To this end, the Prosecution submitted that a distinction must be drawn between. the purpose and high the target of the attack, and that the purpose - i.e. fighting for henry dissertation fellowship, the restoration of. democracy - is not relevant to ascertaining the target - i.e. a civilian population. In its Response Brief, the Defense for Fofana maintained that the CDF attacks were never. directed against the civilian population but against military targets, and that many acts of the. Kamajors were isolated, random and unauthorized by the CDF.10 In addition, the Defense.
submitted that the strategy CDF’s policy was never to terrorize civilians, since this would be contrary to. protecting civilians from rebel forces, the main purpose behind the establishment of the CDF.11. The Defense counsel for Kondewa submitted that the finding that the CDF fought to henry luce restore the. democratically elected government is in fact relevant to strentghs establishing that the civilian population. was not the specific or primary target of the henry luce fellowship attacks.12 This argument implies that the reasons for.
fighting, which sometimes may unfortunately be portrayed as a ‘just cause,’ should have legal. importance for establishing or disproving the necessary context for crimes against humanity. Kondewa’s defense essentially argued that the existence of a plan or policy -which is often. established through evidence of a party’s ‘reasons for fighting’ or their objective - has been. found relevant to writing proving that an attack was directed against a civilian population in henry fellowship, the. jurisprudence of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and competiton the. International Criminal Tribunal for Rwanda (ICTR).13.
For this reason, it should also be. evidentially relevant to proving that an attack was not directed primarily against a civilian. population. The Defense’s argument is subtle and one must be careful not to place too much 8 Prosecution Appeal Brief, para. 2.16; CDF Trial Judgment, para. 693. 9 Prosecution Appeal Brief, para. 2.51.
10 Fofana Response Brief, para. 6. To support this, Fofana’s Defense refers to the Trial Chamber’s finding that. “[a]lthough the CDF were a cohesive force under one central command, there were some fighters who acted on their. own without the knowledge of central command.” Ibid., para. 7. 11 Ibid., para. 16. 12 Kondewa Response Brief, para. 1.8.
13 Ibid. See also, CDF Appeal Judgment, para. 241. emphasis on how the reasons for henry luce dissertation fellowship, fighting can help establish the absence rather than the presence. of a particular policy.
Nevertheless, it highlights the competiton fact that descriptive evidence of dissertation a party’s. reasons for fighting are evidentially relevant to elucidating the underlying objective - and thus in. some cases the object or target - of a party’s military operations. If one considers in more detail the required context for the commission of essay competiton crimes against. humanity, one begins to see how and henry dissertation why the reasons for fighting are legally and evidentially. relevant.14 Firstly, it is important to note that the concept of an ‘attack’ in the context of CAH is. distinct from the concept of an attack or armed conflict in the context of war crimes.
A military. operation is high essays not necessarily an attack against a civilian population even if - or because - breaches of the laws of henry fellowship war occur or there are heavy civilian casualties. The contextual CAH. prerequisite of an ‘attack’ is only established to the extent that a military operation can be shown. to be aimed or directed at a civilian population. More specifically, a court must determine that. the attack was directed primarily against a civilian population, and was not just the essays streetcar consequence. of an excessive use of military power.
The CDF Trial Chamber did adopt this dictum from the. ICTY Appeals Chamber15 that ‘directed against’ in the context of CAH implies that the civilian. population is the henry luce dissertation primary object rather than an incidental target of an attack. Sony Study Strategy? An attack can still. be considered as primarily directed against a civilian population if the court is fellowship satisfied that in. pursuance of a military purpose, a party to a conflict has specifically or indiscriminately targeted. the civilian population within those places over sound essay in malayalam which it wished to gain military control.
However, civilian casualties do not in and of themselves render the attack as one directed. ‘against a civilian population’ for luce dissertation, the purposes of persuasive CAH. The question then is how a Court. ascertains that an attack is directed against a civilian population, particularly if it is in luce fellowship, pursuance. of a military purpose. Sound Pollution Essay? Here the henry luce dissertation ad hoc tribunals have largely relied on evidence of essay competiton whether there. is a political objective or a plan pursuant to which the attack is perpetrated or an henry luce fellowship, ideology, in the. broad sense of the word, to sony case study destroy, persecute or weaken a community.16 The Blaskic Trial 14. For good overviews of the development of crimes against humanity and their elements, as well as pertinent.
judicial decisions, see Anthony Cassese, International Criminal Law (Oxford: Oxford University Press, 2003): 64- 95; Kriangsak Kittichaisaree, International Criminal Law (Oxford: Oxford University Press, 2002): 85-128; Gunal Mettraux, “Crimes Against Humanity in the Jurisprudence of the International Criminal Tribunals for the. Former Yugoslavia and for henry fellowship, Rwanda,” 43 Harvard International Law Journal (2002): 237-316. 15 See Prosecutor v. In Malayalam? Kunarac et al, Judgment, ICTY Appeals Chamber, Case No. IT-96-23 IT-96-23/1-A (12 June.
2002) [hereinafter Kunarac Appeal Judgment], para. 92. See also CDF Trial Judgment, para. 114. 16 See Prosecutor v. Tihomir Bla#61676;kic, Judgement, ICTY Trial Chamber, Case No. IT-95-14-T (3 March 2000) [hereinafter Blaskic Trial Judgment], paras. 203-206.
Chamber, for fellowship, instance, did consider whether the attacks in question were designed to be. responses to military aggression or had military objectives.17 In the context of the conflict in the. former Yugoslavia and the systematic nature of attacks that were directed against essay competiton, specifically. Muslim civilian populations, it concluded that the attacks could not have been justified by. The ICTY has adopted a liberal interpretation of the term ‘civilian,’ which the SCSL has largely. followed. For instance, the ICTY has held that ‘civilian’ includes victims who at one time bore. arms, and that at a minimum the “Prosecution must show that the perpetrator could not. reasonably have believed that the victim was a member of the armed forces.”18. international law, as well as the jurisprudence of the ICTY and ICTR, the victims of CAH may.
include military personnel or rebel forces who are hors de combat - who have laid down arms or. are injured.19 However, the targeted population must still be predominantly civilian in nature, and non-civilians are victims because of their membership or presence within the civilian. population that is luce dissertation fellowship targeted by sony the accused or the attack. The ad hoc tribunals have also emphasized the policy of targeting civilian populations as an. important part of the context of CAH. In fact, “[i]t is the existence of such a policy that endows. the criminal act with a great dimension which warrants its punishment as a crime against.
A policy of luce dissertation attacks against a civilian population is critical streetcar named one of the main aspects of. proving the commission of a CAH, and is often used to establish the ‘systematic’ component of. such attacks. This supports the argument that the grounds for commission or the reasons for. fighting - which are often outlined within a group or organization’s official policy - are very. much relevant to henry luce fellowship elucidating whether or not such a policy was intentionally targeting civilian. populations or alternatively solely military targets or rebel forces. While they are not necessarily. determinative, the reasons for writing, fighting do provide evidence either supporting or undermining the. contention that particular attacks were direct against a civilian population, and thus cannot.
automatically be discounted. Both the Majority Opinion and henry dissertation Justice King’s Dissenting Opinion 17 See ibid., paras. 425-28, 573-79, 623-34, 676-78. 18 Prosecutor v. Kunarac et al, Judgment, ICTY Trial Chamber, Case No. IT-96-23-T IT-96-23/1-T (22 February. 2001) [hereinafter Kunarac Trial Judgment], para.
435. 19 See Prosecutor v. Mrksic and Others (Vukovar Hospital Case), Judgment, ICTY Trial Chamber II, Case No. IT- 95-13/1 (27 September 2007), paras. 29-32; Blaskic Trial Judgment, paras.
210, 216; Prosecutor v. A Research? Kayishema and. Ruzindana, Judgment, ICTR Trial Chamber, Case No. Luce Fellowship? ICTR-95-1-T (21 May 1999) [hereinafter Kayishema Trial. Judgment], para. Essay? 127. 20 Kayishema Trial Judgment, paras.
124-6. recognize this, but address the distinction between a ‘just cause’ and the reasons for fighting. differently, based on henry dissertation fellowship how they interpret the argument that the CDF were fighting for the. restoration of a democratically elected government. The Appeals Chamber, in its majority opinion, first denied the Prosecution’s argument that the. Trial Chamber made its finding that the CDF fought for the restoration of essay democracy a decisive. consideration in fellowship, its judgment.21 Not surprisingly, it emphatically rejected the idea that fighting.
for the restoration of democracy could provide a justification for streetcar desire, the commission of crimes. against humanity. However, instead of attempting to differentiate between the idea of a ‘just. cause’ as justification and the ‘reasons for luce dissertation, fighting’ as material to the determination of the. context of CAH, the Appeals Chamber instead decided to interpret the Trial Chamber’s judgment. as not heavily relying on the finding that the CDF were fighting for the restoration of resume democracy. For this reason, the Appeals Chamber did not consider whether or how the finding could be. material to the contextual elements of CAH. It did, however, note the argument of Kondewa’s. Defense Counsel that because the reasons for fighting can be evidentially material to establishing.
a policy of attacking civilian populations, they should also be evidentially material to. establishing the absence of such a plan.22. The Appeals Chamber also denied the Prosecution’s alternative submission of legal error, that. the Trial Chamber had rejected the possibility that civilians were targeted merely because there. was evidence of attacks directed against rebel forces. The Appeals Chamber was unable to. conclude that the Trial Chamber considered as a matter of law that a military attack cannot. coexist with an luce dissertation fellowship, attack directed against competiton, any civilian population.23 Thus the Appeals Chamber did. not reverse the Trial Chamber’s verdict of not guilty on the basis of the misapplication of the.
legal principles of CAH. In his dissenting opinion, Justice King first considered whether the finding that the CDF was. ‘fighting for the restoration of dissertation fellowship democracy’ is a material consideration in determining whether a. civilian population is the a research primary object of an attack. While he agreed with the henry dissertation fellowship Prosecution’s. contention that international humanitarian law applies equally to all sides of a conflict, he did not. think the Trial Chamber was necessarily referring to which side of the conflict was in the right.
21 CDF Appeal Judgment, para. A Research Essay? 247-9. 22 Ibid., para. Dissertation Fellowship? 241. 23 Ibid., para. 251-2. For him, the Trial Chamber was actually referring to the fact that the object of attacks by the. CDF and sound the Kamajors was the AFRC and the RUF, in henry luce dissertation, order to restore the essays elected government. For Justice King, this is a relevant factor in evaluating the “totality of the evidence” to determine. whether or not the attacks were primarily directed against luce dissertation, civilians or, alternatively, rebel. forces.24 In particular, it is a relevant factor in sound in malayalam, determining whether the charges put forth in the.
Prosecution’s indictment - that the CDF was fighting to gain control of the territory and. population of Sierra Leone - had been sufficiently proven.25. Justice King argued that the henry dissertation fellowship evidence did not support these charges, given that the writing CDF were. fighting to restore the democratically elected government and not to “gain complete control over. the population of henry fellowship Sierra Leone.”26 While he stated numerous times that the reasons for fighting. were materially relevant, he did not specify how exactly they might be important in determining. whether the attacks were directed against the civilian population. One could further elaborate on. Justice King’s position to argue that the critical streetcar desire reasons for fighting provide evidence of the object of. attack and not simply the purpose of the henry attack.
Often, the critical reasons for fighting or the henry dissertation fellowship purpose of. an attack - the very policy behind the attack that must be established to prove the systematic. requirement of the CAH - will inform which objects of attack are chosen. While the sound pollution in malayalam two are not. equivalent, they are also not mutually exclusive.
The purpose of the attack can elucidate what. the intended targets were, but it is not exclusively determinative of those targets. The second issue raised by the Prosecution on appeal was whether the Trial Chamber erred as a. matter of fact in finding the henry luce dissertation absence of attacks directed against a civilian population. In. reviewing the Trial Chamber’s findings that attacks were not directed against school essays, any civilian. population, the Appeals Chamber first noted that this conclusion was “devoid of dissertation articulation of. its reasoning” and sony case that the Trial Chamber “misdirected itself when applying the [legal] principle. it had already stated, by confusing the target of the attack with the purpose of the attack.
When. the target of the attack is the civilian population, the purpose of that attack is immaterial.”27. While this latter statement is certainly true, the Appeals Chamber put the cart before the horse. The issue before both the Trial and the Appeals Chamber was whether a civilian population was. the target, and the purpose of the attack can be evidentially relevant in adducing whether this is dissertation 24 King’s Dissenting Opinion, paras. 28-9. 25 CDF Indictment, para. Essay? 19. 27 CDF Appeal Judgment, paras. Henry Luce Fellowship? 298, 300. the case; only resume strentghs if and when it is found that a civilian population was the target, does the luce dissertation purpose.
of the attack lose its relevance and become immaterial. Writing Essay? In other words, the purpose of the attack. is material to whether a civilian population is the target but only becomes immaterial when a. civilian population is the target. The Appeals Chamber then reviewed the record with respect to each attack and dissertation fellowship found sufficient. evidence of targeted attacks against competiton, civilians as a group or population. Of particular importance. for the Appeals Chamber was the Trial Chamber’s own finding that there were incidents when. the CDF or the Kamajors committed crimes after combat operations against henry dissertation, the AFRC had.
The Appeals Chamber thus granted the Prosecution’s submission of an error of. fact and writing a research reversed the henry luce dissertation fellowship acquittals on resume the basis of its own findings of henry luce fellowship fact. This is particularly. important if one considers the rationale behind and normative desirability of appellate review of. acquittals, addressed below.
Justice King dissented as to pollution whether the luce fellowship attacks by the CDF and Kamajors were in fact directed. against any civilian population. He disagreed with the Appeals Chamber’s findings that in. Tongo, Bo, Kenema and strategy Korbondo, the Kamajors and the CDF engaged in attacks directed. against the luce civilian population. Streetcar? He first considered whether attacks in these areas had a military.
objective, and supported the Trial Chamber’s findings, for fellowship, example, that these attacks were. military operations against rebels in Tongo and that there were only eleven civilian casualties in. Although this is never fully elaborated, Justice King could have further argued that. such attacks cannot be considered directed against a civilian population, because they were. military operations not directed against civilians per se (so do not satisfy the systematic or policy. requirement for CAH), and the extent of civilian casualties was not sufficiently widespread to. constitute a crime against humanity (under the alternative widespread requirement). Justice King argued that the Trial Chamber looked for essay competiton, relevant legal authority and henry luce principles and.
applied those principles to the factual findings made. He thus disagreed with the Appeals. Chamber’s contention that the Trial Chamber’s opinion is devoid of “articulation of its. He also disagreed with the critical essays streetcar Prosecution’s charge that it is “apparent” from the Trial. Chamber’s findings that it considered, as a matter of law, that an attack is not “directed against. the civilian population if civilians are attacked in the course of attacks directed against opposing 28 CDF Appeal Judgment, para. 305; CDF Sentencing Judgment, para. Luce Dissertation? 85. forces,” a contention that a majority of the Appeals Chamber also rejected.29 Justice King. argued that this view cannot be attributed to the Trial Chamber, because it did examine the.
evidence and resume then arrived at the conclusion that the evidence did not prove beyond a reasonable. doubt that the henry luce civilian population was the primary - as opposed to essay an incidental - object of the. Justice King also did not agree with the Appeals Chamber’s view that the Trial Chamber. confused “the target of the attack with the purpose of the attack.”30 For Justice King, the Trial. Chamber was actually saying that the luce dissertation Prosecution had not proven that the civilian population was. the primary object or target of the attack, and that there was substantial evidence supporting a. finding the primary object was the high persuasive AFRC and its allies (a military target) and not the civilian. population.31 Though Justice King never explicitly makes this point, he could have argued that. while the purpose of the attack may not be determinative, it is in henry fellowship, fact entirely relevant to. establishing the competiton target of the attack, given that the objective or purpose of a particular attack. partly determines the objects or targets against which it is directed.
This is especially relevant in. ascertaining whether the contextual requirements for CAH - a widespread or systematic attack. against any civilian population - have been established. Justice King’s dissent partially derives from the role he argued the Appeals Chamber should. adopt in reviewing findings of fact, particularly on appeals from acquittals. For Justice King, the. Appeals Chamber should not usurp the Trial Chamber’s power to enter findings of fact in the. first instance, because it “has not heard the evidence and it might select pieces of evidence which. tend to support its findings of fact, whereas countervailing evidence may, in henry luce, the circumstance, not be given the weight that the Trial Chamber, which saw and heard the witnesses, gave to it.”32. Thus the Appeals Chamber should largely defer to essay the Trial Chamber’s findings of henry dissertation fact, and it is.
“only where the evidence relied on by the Trial Chamber could not reasonably have been. accepted by any reasonable person that the Appeals Chamber can substitute its own finding for. that of the Trial Chamber.”33 This is particularly true when the Appeals Chamber is considering. an appeal from an acquittal. While legally, under international law, an appellate court can. reverse an acquittal on critical named desire the basis of errors of law and fact, from a normative point of view one 29 Prosecution Appeal Brief, para. Henry Fellowship? 2.16. 30 CDF Appeal Judgment, para. 304. 31 King’s Dissenting Opinion, para.
53. 32 Ibid., para. Pollution Essay? 44. 33 King’s Dissenting Opinion, para. 55, quoting ICTY Delalic et al, Appeal Judgment, para. 458. can argue that it should be especially careful in doing so solely on henry luce dissertation fellowship the basis of errors of a research essay fact, given that this conflicts with the idea of double jeopardy in some legal systems.
While civil and common law systems differ substantially in the scope of appeals permitted, if. one reviews the various proposals put forth during the drafting of the luce dissertation fellowship ICTY Statute, on which the. SCSL Statute is streetcar named largely based, only one proposal put forth by henry luce fellowship the Organization of the Islamic. Conference suggested that prosecutorial appeals should be permitted on both issues of law and. fact.34 The majority of the proposals either suggested no basis for prosecutorial appeals, or that. such appeals should be limited to reviewing errors of law. With no clear rationale or.
commentary, but arguably to appease all of the competiton negotiating parties, the adopted ICTY Statute. provided for a wide scope of appeal for both the prosecution and the defense. supports the idea of a broad provision of ‘equality of arms.’ However, the primary justifications. for appellate review in luce, ad hoc tribunals, namely consistency of decisions and the development of. law, do not usually apply to appellate review of findings of fact, given that factual decisions have. little if any relevance beyond the individual case.35.
Common law systems generally do not allow factual review of acquittals in competiton, trials by a jury or. bench trials, since this violates the presumption of innocence. Civil law systems vary depending. on the henry luce structure and trial process of their lower and upper courts. One justification put forth for a. broad scope of critical essays streetcar appellate review is justice in luce dissertation, the individual case. Appellate review of factual. issues in the case of writing reviews of convictions certainly does further the luce dissertation fellowship interest of justice in the. individual case, given the severity of the punishment that accompanies a conviction. Sound Pollution Essay In Malayalam? It is. debatable whether appellate review of factual issues in the case of acquittals also furthers this. interest.
For example, if the appellate court reaches a different conclusion regarding the henry fellowship facts, this in itself might demonstrate ‘reasonable doubt,’ indicating that the prosecution has not. fulfilled its burden of proof. In the ad hoc courts, an school, acquittal by a three-judge panel is arguably. less likely to be subject to evidentiary misunderstandings than a jury verdict or a verdict by a. single judge, and dissertation fellowship thus the essays practical need for prosecutorial appeals from acquittals on questions of. fact is reduced.36. In fact, if any error in dissertation, interpreting or evaluating the evidence is made, it is more. likely to be made by the Appeals Chamber, which is further from the record and the witnesses. In Malayalam? 34 See Mark C. Fleming, “Appellate Review in the International Criminal Tribunals,” 37 Texas International Law. Journal (2002): 111-155, at 118-19. 35 Ibid., pp. 135-6.
36 It should be noted that this criticism does not apply to prosecutorial appeals on issues of fact where the fellowship defendant. bears the burden of proof, for instance if the Trial Chamber acquitted on the basis of an insanity defense. One commentator has argued that the “legitimacy of the international tribunals, which relies in. large part on their ability to deliver fair justice through fair procedures, could be compromised if. the accused is in danger of being convicted as long as one of two chambers concludes that he is. guilty.
The interest in preserving justice in the individual case recommends that a conviction. stand only if both chambers agree that a conviction is reasonable in light of the evidence.”37. because Article 20 of the Statute of the SCSL provides for a broad scope of prosecutorial appeal. on acquittal does not in itself normatively justify appellate review of questions of fact in the case. of an resume, acquittal and henry fellowship does not lessen the severity of the criticisms levied against this practice. While in the near future, a broad scope of prosecutorial appeal is likely to be retained in the ad. hoc tribunals, it is an issue underpinning Justice King’s dissent in the CDF Appeal Judgment and. one that deserves further consideration as international criminal procedure develops. Mitigating Factors in Sentencing Decisions: CDF’s ‘Just Cause’ and Motive of Civic Duty. The sentencing inquiry undertaken by Trial Chambers in the ad hoc tribunals entails wide.
discretion and essays streetcar is similar to that in common law countries, where there are no fixed penalties and. courts are not constrained by previous sentences that have been handed down. Instead, sanctions. are purportedly tailored to luce dissertation fellowship fit the unique circumstances of in malayalam each offence and the individual. circumstances of the offender. Central to this inquiry is the principle of proportionality - that the. severity of the luce dissertation sanction should be commensurate with the gravity of the sony offence.38. the length of a sentence, a Trial Chamber is first required to establish a penalty proportionate to. the seriousness of the crime and then required to take into account any individualized. aggravating and mitigating circumstances, though the ad hoc tribunals have rarely indicated the. weight given to each consideration.
The aggravating circumstances should be proven beyond. reasonable doubt, while mitigating factors may include those not directly related to the offence. and only luce fellowship need to be established by a balance of probabilities.39. Although the tribunals have proffered a number of rationales for sentencing, their decisions. rarely elaborate on how the sentences imposed will actually further these objectives. School? As some. commentators argue, international sentencing law is so “indeterminate that sentencers are free to 37 Fleming, p. 140. 38 For an overview of the sentencing practices of the ad hoc tribunals, see Mirko Bagaric and John Morss, “International Sentencing Law: In Search of Justification and a Coherent Framework,” 6 International Criminal Law. Review (2006): 191-255. 39 See, for example, Prosecutor v. Dragan Nikolic, Sentencing Judgment, ICTY Trial Chamber II, Case No.
IT-94-2- S (18 December 2003), para 145. switch from one rationale to another as they choose.”40. Another commentator has suggested that. international sentencing practices may actually undermine the legitimacy of the international. criminal justice system and its contribution to local or more holistic processes of transitional. justice, by not adequately “relating the outcomes of international sentencing to local perceptions. of justice.”41 Supporting this skepticism is the fact that it is luce difficult to empirically substantiate.
claims that international sentences do in fact contribute to the rationales often advanced, such as. peace, reconciliation, retribution or deterrence. Essay? This implies that the gap between “what victims. and victimised communities perceive as justice and what passes as international criminal justice” Though it is debatable whether this critique can really be generalized to henry luce dissertation fellowship all ad hoc. tribunal decisions, the difficulty of relating an internationalized form of strentghs justice in the form of. international sentences to luce dissertation the local context of essays Sierra Leone is fellowship particularly apparent in the diverse.
reactions by Sierra Leoneans to essays desire the CDF Appeals Judgment. The Trial Chamber in the CDF case held, with Justice Bankole Thompson dissenting, that there. was no defense of ‘necessity’ in international criminal law, and that ‘necessity’ could not be. taken into account as a mitigating factor in sentencing. However, the Trial Chamber did. consider as mitigating factors that the Defendants and the CDF/Kamajors were “fighting to. support a legitimate cause which. was to restore the democratically elected government of.
President Kabbah,” that they fought with the support of henry luce fellowship ECOMOG, and that this “contributed. immensely to re-establishing the rule of law.”43 It also concluded that “the contribution of the. two Accused Persons to sony case study the establishment of the much desired and awaited peace in Sierra Leone. and the difficult, risky, selfless and for a very sizeable number of their CDF/Kamajors, the. supreme sacrifices that they made to achieve this through a bloody conflict, is in luce fellowship, itself a factor. that stands significantly in writing, mitigation in henry dissertation, their favour.”44. With regard to motive of civic duty, it. found that the Defendants did not join the conflict for ‘selfish reasons’ and pollution that they “acted from. a sense of civic duty rather than for personal aggrandizement or gain.”45. 40 Bagaric and henry dissertation Morss, at 208.
41 Ralph Henham, “International Sentencing in the Context of case Collective Violence,” 7 International Criminal Law. Review (2007): 449-468, at 451. 43 CDF Sentencing Judgment, paras. 79, 83, 87. 44 Ibid., para.
91. 45 Ibid., para. Henry Dissertation Fellowship? 94. On appeal, the Prosecution alleged ten errors of the Trial Chamber in its sentencing decision. The Appeals Chamber gave credence to only one alleged error, that of “treating the ‘just cause’ of the Accused as a mitigating factor” and considering motive of ‘civic duty.’46 The Prosecution.
submitted that the Trial Chamber effectively found that fighting on the ‘right’ side of a conflict. could serve as a mitigating factor in sentencing, and that accepting the so-called ‘justness’ of the. party to the conflict during mitigation would “almost certainly lead to a total disregard for. humanitarian law.”47 The Prosecution finally submitted that the Trial Chamber’s treatment of. ‘motive of civic duty’ as a mitigating factor was also based on an assumption that the writing a research essay Defendants. were fighting on the ‘right’ side of the conflict. In response, the Defense for Fofana submitted that motives of henry luce dissertation fellowship either so-called ‘just cause’ or. ‘civic duty’ are part of the factual and contextual differences that the Trial Chamber must. consider in individualizing the punishment, and that the Trial Chamber didn’t consider whether. the Defendant fought on the ‘right’ side of the conflict per se, but merely whether he had a ‘good. motive.’48 The Defense for Kondewa also submitted that because an ‘evil motive’ can be.
considered an aggravating factor in sentencing decisions, a ‘good motive’ can similarly be. considered a mitigating factor.49. The Appeals Chamber first noted that as a general matter, motive may be considered for. sentencing purposes, although it does not constitute a defense against essay competiton, criminal liability. This is.
supported by henry luce dissertation the fact that the high persuasive essays ICTR, to which the SCSL may refer for sentencing practices, often. considers the character and motive of the accused during the conflict as a mitigating factor.50. However, the Appeals Chamber then argued that the political motive of ‘just cause’ had no place. in international criminal justice, and that international humanitarian law “specifically removes a. party’s political motive and the ‘justness’ of dissertation fellowship a party’s cause from consideration.”51 While this is. certainly true, political motives only have no place in international humanitarian law when.
considering the guilt or innocence of the accused. Resume Strentghs? Though the henry luce dissertation ad hoc tribunals generally render. their judgments and sentencing decisions together, for reasons of essay procedural efficiency, 46 Prosecution Appeal Brief, para. Dissertation Fellowship? 4. 47 Prosecution Appeal Brief, para. 9.39. 48 Fofana Response Brief, paras. 193-6. 49 Kondewa Response Brief, paras. 9.38-9.39, citing Blaskic Trial Judgment, para.
785. 50 For an overview of the critical essays named desire sentencing practices of the ICTR, see the Human Rights Watch report on “Charging, 51 CDF Appeals Judgment, para. 530-1. sentencing decisions are discrete and independent judgments that take into account different. factors than judgments concerning the guilt or innocence of the accused.52. The Appeals Chamber further argued that any motive considered by the Trial Chamber must be. “consistent with sentencing purposes,” referring to luce those ‘legitimate’ rationales elaborated by the. ICTY, which include: individual and general deterrence; retribution; public reprobation and.
stigmatization by the international community; and rehabilitation. The Appeals Chamber. considered the primary objectives to pollution essay be retribution and deterrence.53 It argued that allowing. mitigation for the personal motives of an accused would undermine the henry luce purposes of sentencing. rather than promote them, and would implicitly legitimize the unlawful conduct.54. concluding, the sony case study Appeals Chamber noted that the henry luce dissertation fellowship most important consideration in resume, sentencing is. the “revulsion of mankind, represented by the international community” and not the “tolerance. by a local community of the crime; or lack of public revulsion in henry luce dissertation fellowship, relation to essay the crimes of fellowship such. community; or local sentiments about the persons who have been found guilty of the school persuasive essays crimes.”55.
Thus, the luce dissertation Appeals Chamber held that the Trial Chamber erred by considering ‘just cause’ and. ‘motive of civic duty’ as relevant factors in its sentencing decision, and that the Appeals. Chamber had the ability to revise these sentences. Justice King dissented on both issues, arguing. that the case Appeals Chamber interfered with the discretion afforded to the Trial Chamber in. determining the luce fellowship appropriate penalties. Justice King argued that the Trial Chamber did not take into account ‘just cause’ as a mitigating. factor, but rather what the Defense had in a research, fact pleaded - that the fighting was mobilized in order. to restore the democratically elected government of. President Kabbah, without implying any.
normative evaluation about whether this end was ‘just.’56 The Trial Chamber Justices. themselves only mentioned the phrase ‘just cause’ in rejecting the defense of dissertation fellowship necessity raised by. Justice Bankole Thompson in his Dissenting Opinion. Justice King thus appeared to be arguing. (a) that the Defense never pleaded just cause as a mitigating factor, and thus the Trial Chamber.
did not consider it as such; and (b) that when the Trial Chamber considered the argument that the. CDF and the Kamajors were fighting to restore the democratically elected government as a 52 For this argument, see Ralph Henham, “Procedural justice and human rights in named, international sentencing,” 4. International Criminal Law Review (2004): 185-210. 53 Ibid., para. 532. 54 Ibid., para. 534. 55 Ibid., para. Henry Dissertation Fellowship? 564. 56 King’s Dissenting Opinion, para.
107. mitigating factor, this is not equivalent to sound pollution essay considering a ‘just cause’ argument because the Trial. Chamber was considering the personal reasons for fighting held by the accused as individuals. and not necessarily the political justness of the collective cause. In Justice King’s opinion, a. reasonable person would conclude that the Trial Chamber took into account both the henry fellowship gravity of.
the offence and the individual circumstances of the school essays accused, and so correctly applied Article 19. of the Statute of the SCSL.57 For this reason, he dissented with the Majority’s view that the henry luce dissertation fellowship Trial. Chamber took into consideration factors that it should not have considered in exercising its. sentencing discretion, and so the Appeals Chamber did not have the right or the power to. substitute its own discretion.
The essence of the disagreement between the majority of the Appeals Chamber and Justice King. relates to whether the mitigating factors considered by the Trial Chamber were personal motives. or factors, which are entirely pertinent to sentencing decisions, or collective and effectively. ‘political’ motives that do not enter into determinations of penalties. One could argue that the. Appeals Chamber was so concerned with preserving the appearance of impartiality and avoiding. a perception of ‘victor’s justice’ that it entirely refused to consider the guilt of the resume strentghs CDF relative. to the other parties of the conflict. It is perhaps for this reason that the CDF Appeals Sentencing.
Decision gave rise in some circles to the perception of a gap between ‘internationalized justice’ and ‘local justice.’ However, the fact that the Appeals Chamber strove to avoid the perception of. ‘victor’s justice’ in and of itself is a laudable undertaking. Yet in doing so, the Court overlooked. the fact that the SCSL is required to take into account individual factors that bear - not on luce dissertation fellowship the. relative guilt or innocence of the accused - but on the extent of their punishment. majority of the high school Appeals Chamber appears to have reached an appropriate judgment in deciding. that the justness of a party’s reasons for fighting is not relevant to sentencing, the personal. reasons of the luce fellowship accused for fighting - in essay, the descriptive sense - should bear on luce dissertation fellowship his or her conduct. during the conflict and sound in malayalam thus act as an henry fellowship, individualized mitigating factor during sentencing.
In the. future, the ad hoc tribunals should be careful to clearly differentiate between collective political. motives - such as a ‘just cause’ - and streetcar desire these personal political motives that bear on the conduct of. the accused during the conflict. 57 Ibid., para. 115-116. Prosecutor v. Tihomir Bla#61676;kic, Judgment, ICTY Trial Chamber, Case No.
IT-95-14-T (3 March. Prosecutor v. Henry Fellowship? Fofanah and Kondewa, Judgment, SCSL Appeals Chamber, Case No. Essay? SCSL-04- 14-A (May 28, 2008). Prosecutor v. Kayishema and Ruzindana, Judgment, ICTR Trial Chamber, Case No. ICTR-95-1- Prosecutor v. Henry Luce Dissertation? Kunarac et al., Judgment, ICTY Trial Chamber, Case No. IT-96-23-T IT-96- 23/1-T (22 February 2001). Prosecutor v. Case? Kunarac et al., Judgment, ICTY Appeals Chamber, Case No. Henry Luce Dissertation Fellowship? IT-96-23 IT-96-
23/1-A (12 June 2002). Prosecutor v. Essay? Mrksic and Others (Vukovar Hospital Case), Judgment, ICTY Trial Chamber II, Case No. IT-95-13/1 (27 September 2007). Prosecutor v. Dragan Nikolic, Sentencing Judgment, ICTY Trial Chamber II, Case No. IT-94-2- S (18 December 2003). Prosecutor v. Henry? Norman, Fofanah and Kondewa, Judgment, SCSL Trial Chamber I, Case No.
SCSL-04-14-J (August 2, 2007). Articles and resume strentghs Books. Mirko Bagaric and John Morss, “International Sentencing Law: In Search of Justification and a. Coherent Framework,” 6 International Criminal Law Review (2006): 191-255. Anthony Cassese, International Criminal Law (Oxford: Oxford University Press, 2003). Mark C. Fleming, “Appellate Review in the International Criminal Tribunals,” 37 Texas. International Law Journal (2002): 111-155. Ralph Henham, “International Sentencing in the Context of luce Collective Violence,” 7 International. Criminal Law Review (2007): 449-468. Ralph Henham, “Procedural justice and human rights in international sentencing,” 4. International Criminal Law Review (2004): 185-210.
Kriangsak Kittichaisaree, International Criminal Law (Oxford: Oxford University Press, 2002). Gunal Mettraux, “Crimes Against Humanity in the Jurisprudence of the International Criminal. Tribunals for the Former Yugoslavia and for Rwanda,” 43 Harvard International Law Journal. Steven R. High Persuasive? Ratner and Jason S. Abrams, Accountability for Human Rights Atrocities in. International Law: Beyond the Nuremberg Legacy, 2nd Ed. (Oxford: Oxford University Press, About the dissertation fellowship Author. Cosette Creamer is a J.D.-Ph.D. candidate at Harvard University, Department of Government. and worked as a legal intern for the Sierra Leone Court Monitoring Program during the Summer. The publication of this essay has been financed by the Open Society Initiative for West. Africa (OSIWA). School Persuasive Essays? The Contents of this Publication are entirely the sole responsibility of.
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