Saturday, August 31, 2019
Product Gross Margin Calculation vs. Product Contribution Margin Calculation Assigning the overhead costs to the products shows how profitable the products are after deducting all cost. However, it is important to find the appropriate method of overhead cost allocation. In SippicanÃ¢â¬â¢s case the traditional accounting method is used, which does not reflect the real resource usage of the different product lines. The correct method in this case would be to apply the time-driven ABC approach for cost allocation.Such method apart from showing the actual profitability after all cost deductions also depicts the differences in resource usage rates between the products and, thus, allows for identification of cost drivers. A contribution margin approach provides only insight into the products profitability after variable cost deduction, but it does not show whether the profit of a particular product is still profitable after all cost deductions. This could lead to a false perception of pr oduct profitability. In addition, this approach could lead to wrong decision making in terms of pricing or expansion actions.Moreover, with this approach it is not possible to identify any cost drivers. Thus, many profitability improvement opportunities might be lost. Moreover, in particular, in the SippicanÃ¢â¬â¢s case the overhead costs are not really fix. They are fix only in the short term but variable in the long term as with an increase in volume of the products or the number of various products more machines and labor are required. The correct term for such cost is step-fix cost. Thus, the overhead costs in this case are not really a period expense (only in the short term).Thus, the volume of each product line does indirectly drive the overhead cost in the long term. Consequently, it is important to see how each product affects the overhead costs or, to say it the other way around, what amount of resources does a product use and how does it differ from to the usage rates ot her product lines. Therefore, the executives should definitely not abandon the overhead assignment to the products, but instead use a different accounting method. Practical Capacity and Capacity Cost RatesFrom the information given in the Exhibits and in the text I have calculated the practical capacity and the capacity cost rates for the different resources. Table 1 summarizes the results. The practical capacity rates were calculated by multiplying the number of employees/machines with their respective total effective hours per month. The capacity cost rates were calculated by dividing the total monthly cost by the respective practical capacity to become the cost rate of the particular resource per hour. Table 1: Practical Capacities and Capacity Cost Rates Note: For exact calculations please see the attached excel file.Cost and Profitability Based on Time-Driven ABC Approach Table 2 shows the revised costs and profits of Sippican Corporation when calculating those according to the time-driven ABC approach. Table 2: Cost and Profitability Based on Time-driven ABC Approach Note: Total machine expenses include the expenses for machine production runs and the expenses for machine setups. For exact calculations please see the attached excel file. The expenses in each category were calculated by multiplying the actual usage of the resource (taken from Exhibit 3 and Exhibit 4) by the respective capacity cost rate.It can be inferred from the table that valves is the most profitable product line with a gross margin of 42. 8% and not of 35% as obtained by the traditional cost accounting system. The pumps have a gross margin of 19. 7% as opposed to 5% and the flow controllers have a negative gross margin of -3. 6% as opposed to a gross margin of 38% as calculated using the simple accounting method. These differences in the cost and the resulting profitability of the product lines arise from the fact that according to the time-driven ABC approach the cost are allocated to the product lines based on their real usage of the companyÃ¢â¬â¢s resources.In the simple accounting method the manufacturing cost were allocated as a percentage of direct labor cost at a rate of 185%. This method did not account for any specific cost arising from the complexity, diversity or other production related specifics of the product line. In contrary, the time-driven ABC approach does account for all the nuances of each product line. From the table can also be inferred that the practical capacity is not totally used since at the end there is a total of $28,288 of unused resources. Table 3 summarizes the capacity utilization of various resources.Table 3: Capacity Utilization Rates Note: For exact calculations please see the attached excel file. The significant shift in cost and profitability of flow controllers can be mainly explained by the considerably higher engineering and setup expenses (machines and labor). The latter arises due to the higher component number (10) of the flow controllers (resulting in higher complexity) which leads to a higher number of production runs and, thus, raises the number of setup hours. The number of production runs is further increased by the on average small batch sizes (see Table 4).Table 4: Average Batch Sizes for Production Runs and Shipments Note: For exact calculations please see the attached excel file. The time-driven ABC approach reveals that flow controllers use disproportionally higher amount of the companyÃ¢â¬â¢s resources per unit (see Table 5). It can be derived from Table 5 that flow controllers have much higher per unit cost than other two product lines across all cost categories. According to the time-driven ABC approach the total manufacturing overhead per unit cost amounts to $63. 4 as opposed to $24. 055 as derived by the simple accounting system.As already explained above, the high per unit cost for flow controllers across the categories are mostly due to on average small batch sizes. For th e majority of activities (setup, receiving and production control, partially packaging and shipping) the costs occur independent from the volume, but they do depend on the number of batches. For these reason the total manufacturing overhead per unit cost for valves and pumps are lower than estimated via the traditional accounting method as in these product lines the average batch sizes in production runs as well as in shipments were very high (375/188 for valves and 125/125 for pumps).Table 5: Cost per Unit Note: For exact calculations please see the attached excel file. Recommendations Flow Controllers Starting with flow controllers, there are two ways to deal with the negative gross margin. First way would be to keep on producing the flow controllers and increase the batch sizes and thereby reduce the setup- and shipping related cost. If the batch sizes for shipments and production were increased to 25 units, the gross margin would amounts to 8. 6% (see excel sheet for precise cal culations).To reach the target gross margin of 35% by only adjusting the batch sizes one would have to increase the batch sizes of both shipping and production to 190 units. In reality the increase in batch sizes can be implemented by either imposing a minimum order size or reducing the variety of the flow controllers (this would reduce the number of production runs and allow for higher batch sizes). The freed up capacity from these actions can be used to increase the overall volume of the product lines.One could also try to reengineer the flow controllers to require fewer components which also would result in fewer production runs and, thus, fewer setup hours. Moreover, as the past price increase has proven the demand for flow controllers to be quit inelastic Sippican could further raise prices for flow controllers and drive up the contribution margin. In reality the price increase should be accompanied with a promotion campaign which emphasizes the superiority of SippicanÃ¢â¬â¢s flow controllers to prevent the potential market share losses from the price increase.If the prices were to raise by 10% the resulting gross margin would account to 5. 8%. Moreover, one could also try to reducer the hours of engineering. Table 6 shows an example of gross margin effects of the various actions outlined above. The total effect on the gross margin when applying all these actions would amount to + 24. 2 % which results in a gross margin of 20. 6% (by deducting the current -3. 6%). This is just an example. Further margin increases could of course be realized by further improving the identified cost drivers (please see the excel file to see the gross margin effects if changing the discussed cost drivers).Table 6: Gross Margin Effects of Various Actions Note: For exact calculations please see the attached excel file. Another way to deal with the negative gross margin of flow controllers would be to abandon the production of them completely and thereby reduce the fix cost ( step-fix cost to be precise). Thus, abandoning the production of flow controllers would lead to high reduction in resources and thereby saved costs. However, such a measure could lead to negative indirect effects on the image of the company which, hitherto, could result in market share losses in other products.Therefore, this method of dealing with negative gross margin of flow controllers is highly unfavorable. However, in instead of laying off the employees and reducing the number of leased machines one could use the freed up capacity from abandoning the flow controllers production line for other purposes, such as volume increase in other production lines or taking a new production line into the portfolio. Pumps and Valves To deal with the price pressure apparent in the pumps market Sippican could attempt to further increase the batch sizes in production and shipment.In addition, by combining higher batch sizes with an increase in the volume of pumps Sippican could increase the re venues and additionally fully utilize its capacity. Similar improvements can be applied for valves. Ã¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬â [ 1 ]. 2 3 Brem, Lisa (2002). Sippican Corporation (A). HBS Publishing. February. HBS Note # 9-100-055. p. 4. Exhibit 2 [ 4 ]. 5 Brem, Lisa (2002). Sippican Corporation (A). HBS Publishing. February. HBS Note # 9-100-055. p. 4. Exhibit 2
Friday, August 30, 2019
Introduction This essay aims to examine healthcare policies in the countries of Germany, Sweden and USA. A discussion on how these countries differ in access to healthcare services, funding and how they address health inequalities will be done. The perspectives of convergence and path dependence will be used to examine the healthcare policies. The first part of this brief presents a brief overview of the healthcare policies present in the three countries. The second part will discuss the key concepts and models of social policy on healthcare in these countries. In the third part, the perspective of path dependency and convergence will be used to analyse healthcare policies of the three countries. A conclusion that will summarise the key concepts and issues raised in this essay will be presented at the end. Overview of the Healthcare Policies in Germany, Sweden and USA Healthcare policies in these three countries have significant differences. The World Health Organization (2014) has stressed that access to healthcare services should be equitable. This means that all individuals, regardless of their socio-economic background, religious beliefs, gender and race should receive the same type of care. Equitable distribution of healthcare services ensures that health inequality is addressed. The latter relates to the unfair distribution of healthcare services and health status between different socio-economic groups (Figueras et al., 2008). Those with higher socio-economic status tend to enjoy better health, have lower incidence of cardiovascular diseases, obesity, diabetes, hypertension and other chronic and acute conditions (Figueras et al., 2008). In contrast, those in the lower socio-economic status tend to have poorer health status and are more vulnerable to chronic diseases (World Health Organization, 2014). This disparity explains the differences in access to healthcare services in both groups (Blank and Burau, 2007). These observations should be a cause of concern since good health is viewed as a fundamental right for all individuals (Reibling, 2010). Amongst the three countries, the healthcare industry in the US is regarded as the most expensive when compared to the rest of the highly developed capitalist countries (Moody, 2011). However, in terms of child mortality, life expectancy and death due to medical errors, US fares the worst (OECD, 2011, 2009; HDR, 2011). The percent of public funding for healthcare is also the lowest in the US compared to Germany and Sweden. In recent surveys (OECD, 2009, 2008; Adema et al., 2011) public funding for healthcare in the US is only 47.7%. In contrast, the government of Germany spends 76.9% on healthcare while Sweden spends 81.5% (OECD, 2009). Amongst the three countries, the US spends the highest percent of its gross domestic product (GD) as of 2010 for healthcare (OECD, 2011). In 2010, the US spent 17.9% of its GDP on healthcare while Germany allocated 11 .6% and Sweden, 9.6% (OECD, 2011). All these countries exceeded the recommended allocation for healthcare from the countryÃ¢â¬â¢s GDP (Adema et al., 2011). Access to healthcare service also varies in the three countries. Access to healthcare is universal in Sweden while Germany exemplifies the quasi-universal with compulsory insurance (Baldock, 2011). In contrast to these two countries, there is a low degree of universality in the US and funding is mostly through employers of individuals (Glyn, 2006). There is also a debate on the coverage of healthcare policies in the US especially during the 2008 financial crisis where the government was forced to support healthcare of many poor, unemployed individuals (Moody, 2011). Funding of healthcare service in the US is also employer-based while insurance companies fund health service in Germany (Moody, 2011). In Sweden, taxation supports healthcare service regardless of the socioeconomic background of the individuals. Hence, most hospitals are publicly funded in Sweden while Germany enjoys a private-public partnership. In the US, private hospitals and clinics mostly provide for healthcare servi ce in the country (Greve, 2013). With focus on reducing health inequalities, the US places more importance on the healthcare needs of the poor (Glyn, 2006). Using the gatekeeping model (Greve, 2013), primary healthcare practitioners in the US screen individuals before they could gain access to publicly funded healthcare services. Only those with income levels in the poverty level, have disabilities, have very young children are allowed to access Medicaid (Greve, 2013). In contrast, patients in Sweden are referred to specialists by their general practitioners (GPs) regardless of their socio-economic background (Anell, 2012). However, there is very little gatekeeping in Germany, explaining the rich supply of doctors and specialists (Reibling, 2010). This means that there is no cost-sharing between the patients and the government when accessing healthcare specialists. Social health insurance in Germany follows the concepts of shared responsibility between the individuals and the state in funding and accessing healthcare services (Wahl, 2011). For example, Statutory Health Insurance (SHI) covers majority of the population. Employers and employees share in paying for the SHI (Reibling, 2010). When patients visit GPs and specialists, they also have to pay 10 euros for each doctor visit (Reibling, 2010). Only 10% of the population pays for private health insurance. Since patients have freedom of choice when selecting their providers, this tends to create high expectations for the quality of service offered by doctors, nurses and other healthcare professionals. However, this create dissatisfaction amongst doctors since their fees are regulated, unlike in the US where doctor fees vary from one state to the other. There is also an observation that doctors in most European countries earn less than their counterparts in the US, fueling dissatisfaction amon gst this group (Rechel et al., 2006). While both countries have rich supply of doctors, the payment scheme for healthcare professionals greatly varies. Similar to Germany, the US has also little gatekeeping for individuals who do not belong to the lower socio-economic status. The latter could choose healthcare providers and specialists according to their preference. Sweden also has a mix of private and publicly owned healthcare facilities. However, the government fund for most healthcare expenditures (Greve, 2011). This means that even when individuals seek care in privately owned facilities, the government pays for healthcare costs. This scheme also benefits the government since this will ease the volume of patients seen in publicly owned healthcare facilities. Since there is competition for healthcare, patients have more choice on the type of healthcare provider they want to access (Kangas and Palme, 2009). All healthcare employees in both public and private-owned healthcare facilities receive salaries while patients share in the healthcare costs (Kangas and Palme, 2009). There is also a ceiling on the costs of medications. Due to the minimal user fee and healthcare cost, healthcare is suggested to be equitable (Kangas and Palme, 2009). However, there is evidence (Brown, 2008) that the long waiting list and disparity in supply and demand derai l timely access to healthcare services in Sweden. Key Concepts and Models of Social Policy in the Three Countries The impact of health and social care policies in countries are often measured by health outcomes. These include incidence of diseases, daily adjusted life years (DALYs) for burden of disease and human development index (HDI) (World Health Organization, 2014). The HDI is a critical measurement of a countryÃ¢â¬â¢s health status since it has been shown that positive measure of health is intricately linked with human development and economic productivity (OECD, 2011). Amongst the three countries reviewed in this essay, USA ranked the highest in terms of human development followed by Germany and Sweden. The succeeding table summarises the HDI, life expectancy at birth, mean years of schooling, expected years of schooling, gross national income (GNI), GNI per capital rank minus HDI rank and nonincome HDI value in 2011: HDI Rank Human Development Index Value Life expectancy at birth (years) Mean years of schooling (years) Expected years of schooling (years) Gross national income (GNI) per capita (Constant 2005 PPP $) GNI per capita minus HDI rank Nonincome HDI Value United States (rank 4) 0.910 78.5 12.4 16.0 43,017 6 0.931 Germany (rank 9) 0.905 80.4 12.2 15.9 34,854 8 0.940 Sweden (rank 10) 0.904 81.4 11.7 15.7 35,837 4 0.936 Source: OECD, 2011 As shown in the table above, the life expectancy at birth is lowest in the US but high in Germany and Sweden. Better life expectancy in the latter two countries could be due to earlier treatment of childhood diseases (Mackenback and Bakker, 2003). The funding scheme in the US might also account for disparities in healthcare (Mackenback and Bakker, 2003). As opposed to Sweden and Germany, two-third of the population in the US either has private insurance or is covered by their employers. Employed individuals also make personal contributions in addition to employer contribution for their health coverage (Moody, 2011). The scheme employed in the US has important implications in healthcare access. It is shown that approximately 46 million people in the US do not have public or private insurance (Moody, 2011). The number of insured individuals decreases as income also decreases (Moody, 2011). It has been shown that those in higher income quintiles tend perceive better health status as com pared to those in the lower income quintile. The cost of healthcare is also regulated in Germany and Switzerland as opposed to the US where there is very little containment of cost (Blank and Burau, 2007). The concept of equity could be used to explain why there are significant differences in health status in the US. The OECD (2009) emphasise that measurement of equity in health status is focused on mortality and morbidity rate for the individuals. Currently, the OECD determines the health status of a state through its life expectancy at age 65 for the elderly and infant mortality rate for children (OECD, 2008). Both life expectancy and infant mortality rate is generally lower in the US compared to Germany and Sweden (OECD, 2009). This would show that despite having high human development index, the US is lagging behind Germany and Switzerland in terms of healthcare for the elderly and the very young. The OECD (2009) also notes that healthcare administration costs in the US is significantly greater than other OECD countries. Sometimes, the costs are twice as high compared to Sweden and Germany. While doctors in Sweden and Germany have ceiling rates for their healthcare services, doctors in the US charge higher (Moody, 2011). While competition for healthcare services is present in Sweden, the competition in the US has a negative impact since it inflates the cost instead of driving down the cost while maintaining quality of care (Moody, 2011). At present, Medicaid only covers those with disabilities, the elderly, families living in the poverty level and those with very young children (Rosenbaum, 2011). Meanwhile, Obamacare or the Patient Protection and Affordable Act mandate employers to provide for health coverage on their respective employees (Rosenbaum, 2011). Those who are eligible for subsidies would be given government subsidies to pay for their health insurances. Since Obamac are pushes those who are not covered by Medicaid to private insurers, it is expected that this will create competition amongst insurance companies (Rosenbaum, 2011). For instance, these companies might offer more health coverage for a wide range of health conditions at a lesser cost. Companies might also compete on the healthcare providers available to deliver healthcare for the insurers. Path Dependence and Convergence Path dependence suggests that history and institutional context play crucial roles in the development of healthcare policies (Kennett, 2001). Once a healthcare policy, however, is established, it tends to be resistant to changes or when reforms are inevitable, it stays within the boundaries of the original policy. On the other hand, socio-economic changes greatly influence the direction of healthcare policies in the Ã¢â¬ËconvergenceÃ¢â¬â¢ perspective (Starke et al., 2008). To illustrate, a number of countries in the European Union tend to follow similar paths in healthcare policies and integrate best practices from each nation. The convergence of healthcare policies is described as Ã¢â¬Ëpositive integrationÃ¢â¬â¢ (Starke et al., 2008). Since market competition for healthcare services are introduced in the welfare states in Europe, this creates Ã¢â¬Ënegative integrationÃ¢â¬â¢ of healthcare policies (Starke et al., 2008). GermanyÃ¢â¬â¢s healthcare policy tends to follow the path dependence amongst the countries in Europe. Healthcare policies in this country were established as early as the 19th century (Arts and Gelissen, 2010) beginning with the introduction of the social health insurance. Although the complexities of healthcare have increased, little have change on how healthcare service is funded and delivered. The long- standing tradition of corporatism still exists. For instance, governing boards that make decisions or negotiate terms with health care practitioners, the insurers and pharmaceutical industry are all composed of representative employers and employees (Starke et al., 2008). All those sitting in these boards are elected through democratic means. This has been practised for many years and little have changed on how governing boards are convened. On the other hand, subsidiarity is still practiced today Arts and Gelissen, 2002). This means that legislative framework is created or refor med by the government alone. Meanwhile, Sweden also follows the path dependency perspective. Similar to Germany, universal access to healthcare service has been practiced since the post-war period (Arts and Gelissen, 2002). The public through the city councils continue to provide funds for healthcare (Arts and Gelissen, 2010). It should be noted that this practice has been existence since the 19th century. However, there have been criticisms on the healthcare system in Sweden. Foremost amongst this is its struggle to cope up with the increasing demands for healthcare with low supply of healthcare providers (Van Kersbergen and Hemerijck, 2012). The ageing of the population coupled with the complexity of healthcare also pushes the national health services system of Sweden to look for innovations to deliver healthcare at a lesser cost (Van Kersbergen and Hemerijck, 2012). The challenge of meeting all healthcare demands with tighter financial resources might drive the country to look for alternative ways in funding healthcare of the people. Finally, the US exemplifies the Ã¢â¬ËconvergenceÃ¢â¬â¢ perspective. Healthcare reforms have increased in the last 20 years with the culmination of Obamacare in recent years. This suggests that healthcare policies in the country are subject to change, depending on the political, economic and social context of healthcare. To illustrate this point, the Patient Protection and Affordable Care Act also known as Obamacare is currently driving more individuals in the country to purchase private insurance. This is a source of conflict in the country since coverage of Medicaid is very restrictive (Rosenbaum, 2011). Medicaid will continue to expand coverage in the succeeding years to include those with mean annual income of 40,000 USD. This suggests that healthcare policies could continue to change until a consensus is reached between the government and healthcare consumers. The perspective of convergence would suggest that countries tend to follow best practices and create policies that co uld respond to current needs. Basing on this perspective, the US is a good example of how it changes its healthcare policy to meet the increasing demands for healthcare. Conclusion Variations in healthcare policies are noted in the countries of Germany, Sweden and the US. While all countries have high HDI, they differ in the life expectancy at age 65 and infant mortality rate. These two indicators are cited by the OECD as measures of how a country exercises equity in healthcare. Sweden and Germany almost have similar life expectancy for the elderly. These countries also differ in public spending for healthcare and access to healthcare services. Sweden has been practicing universal health care since the post-war period while Germany has shifted to quasi-universal in the last decades. The US, through its Medicaid, provides universal access to healthcare services only for those with disabilities, families with very young children or based on need. Those not covered with Medicaid have to purchase their own healthcare insurance or are provided with insurance by their employers. Hence, the US only practices very low universal access to healthcare. Finally, the perspe ctives of Ã¢â¬Ëpath dependenceÃ¢â¬â¢ and Ã¢â¬ËconvergenceÃ¢â¬â¢ are discussed in this essay. Sweden and Germany follow the path dependence perspective while the US demonstrates the convergence perspective. Finally, this brief shows that path dependence healthcare systems are faced with the challenge of providing universal access in the face of tightening budgets. Further, the US has to further expand its Medicaid or make reforms to make healthcare more equitable. References Adema, W. , Fron, P. & Ladaique, M. (2011). Is the European Welfare State really more expensive?: indicators on social spending, 1980-2012; and a manual of the OECD Social expenditure Database (SOCX). Paris: OECD. Arts, W. & Gelissen, J. (2010). Ã¢â¬ËModels of the welfare stateÃ¢â¬â¢. In Casttles, F. (Ed.). The Oxford handbook of the Welfare State, Oxford: Oxford University Press. Arts, W. & Gelissen, J. (2002). Ã¢â¬Ë3 worlds or more?Ã¢â¬â¢., Journal of European Social Policy, 12(2), pp. 137-158. Anell, A. (2012). Ã¢â¬ËSweden: Health system reviewÃ¢â¬â¢. Health Systems in transition, 14(5), pp. 1-159. Baldock, J. (2011). Social policy, social welfare and the welfare state. Oxford: Oxford University Press. Blank, R. & Burau, V. (2007). Comparative health policy. London: Palgrave. Brown, A. (2008). Fishing in Utopia: Sweden and the Future that Disappeared. Sweden: Grant. Figueras, J., McKee, M., Lessof, S., Duran, A. & Menabde, N. (2008). Health systems, health and wealth: Assessing the case for investing in health systems. Denmark: World Health Organization. Glyn, A. (2006). Capitalism unleashed. Oxford: Oxford University Press. Greve, B. (2013). Routledge Handbook of the Welfare State. London: Routledge. Greve, B. (2011). Ã¢â¬ËThe Nordic welfare states-revisitedÃ¢â¬â¢., Social Policy Administration, 45(2), pp. 111-113. HDR (2011). Human Development and its components [Online]. Available at: www.undp.org (Accessed: 25th March, 2014). Kangas, O. & Palme, J. (2009). Ã¢â¬ËThe Nordic ExperienceÃ¢â¬â¢. International Journal of Social Welfare, 18(Suppl 1), pp. S62-S72. Kennett, P. (2001). Comparative Social Policy. Open University: Open University Press. Mackenback, J. & Bakker, M. (2003) Ã¢â¬ËEuropean network on interventions and policies to reduce inequalities in health. Tackling socioeconomic inequalities in health: an analysis of recent European experiencesÃ¢â¬â¢. Lancet, 362, pp. 1409-1414. Moody, K. (2011). Ã¢â¬ËCapitalist care: Will the coalition governmentÃ¢â¬â¢s Ã¢â¬ËreformsÃ¢â¬â¢ move the NHS further toward a US-style healthcare market?Ã¢â¬â¢. Capital and Class, 35(3), pp. 415-434. OECD (2011). Human Development Index and its components. Europe: OECD. OECD (2009). Society at a Glance 2009: OECD Social Indicators. Europe: OECD. OECD (2008). Are we growing unequal[Online]. Available at: www.oecd.org (Accessed: 25th March, 2014). Rechel, B., Dubois, C. & McKee, M. (eds) (2006). The health care workforce in Europe. Learning from experience. Trowbridge: Cromwell Press. Reibling, N. (2010). Ã¢â¬ËHealthcare systems in Europe: towards an incorporation of patient accessÃ¢â¬â¢, Journal of European Policy, 20(1), pp. 5-18. Rosenbaum, S. (2011). Ã¢â¬ËThe Patient Protection and Affordable Care Act: Implications for Public Health Policy and PracticeÃ¢â¬â¢. Public Health Reports, 128(1), pp. 130-135. Starke, P., Obginer, H. & Castles, F. (2008) Ã¢â¬ËConvergence towards where: in what ways, if any, are welfare states becoming more similar?Ã¢â¬â¢. Journal of European Public Policy, 15(7), pp. 975-1000. Van Kersbergen, K. & Hemerijck, A. (2012). Ã¢â¬ËTwo decades of change in Europe: The emergence of the social investment stateÃ¢â¬â¢. Journal of Social Policy. 41(3), pp. 475-492. Wahl, A. (2011). The Rise and Fall of the Welfare State. London: Pluto Press. World Health Organization (2014). Health Systems: Equity [Online]. Available at: http://www.who.int/healthsystems/topics/equity/en/ (Accessed: 25th March, 2014).
Thursday, August 29, 2019
Because we cannot provide ARÃÅ TE'S personnel replacement chart we have made our own overview which we belief that must be a little similar to not only AIRTIME but also all other companies in BANGLADESH. The above figure has 2 approaches they are: Approach 1 The first is the traditional approach. Create a chart for each work group similar to the one shown in Figure 1. For each worker, identify at least three back-ups.Indicate by a code whether each worker can do the whole Job at present or if the individual needs additional training. (A typical code is RAN = Ready now as a replacement; RI ? Needs six months of on the Job development to be ready; and RE = Needs one year of on-the-Job development. ) Next to the code, managers can indicate what additional training or practical experience might be needed so that the worker can successfully perform all aspects of the work. This chart can be drafted in a group setting or by a manager and then shared more widely for reaction and improvemen t. Approach 2The second is a more detailed approach and is based on the so-called DIDACTIC Developing a Curriculum. (For more detailed information about the approach, see http://www. Dacca. Org. ) While DIDACTIC has traditionally been used to pinpoint the work activities of one Job or occupation, it can also be more creatively used to list all the work activities of a department or division. DIDACTIC is quite simple. Think of it as based on structured brainstorming. Call all the workers of a department or staff unit together?that can be done by shift?and ask them what they do every day regardless of their respective Jobs.Place each work activity, beginning with a verb, on a single sheet of paper and post it on a wall for everyone to see. (Examples of work activities might include Ã¢â¬Å"meets with prospective donors,Ã¢â¬ Ã¢â¬Å"advises the programming board,Ã¢â¬ or Ã¢â¬Å"updates the website. Ã¢â¬Å") When conducting a DIDACTIC session, it is most useful for one person to faci litate and several others to write down the work activities and post them on the wall. Once the brainstorming is finished, the activities can be organized into categories. The result of this session will be a map of all the work activities?essentially, a unimpressive Job description?of a unit or department.Once that (perhaps lengthy) list of work activities has been identified, it is then possible to examine each task to indicate which employees?and how many?perform those activities. Such a comprehensive list of work activities can guide cross-training and on-the-Job training to plan replacements. This approach can also be helpful in identifying and attempting to eliminate time-wasting work activities. It can also reduce the time it takes to train replacements by making clear exactly what work is done. The Job map can be translated into a checklist to guide, and effectively accelerate, on-the-Job cross-training.Such documentation of training will then aid managers in holding employe es accountable for knowing what to do. Promotion means to give a higher position, status, salary and responsibility to the employee. So, the vacancy can be filled by promoting a suitable candidate from the same organization. TRANSFER: Transfer means a change in the place of employment without any change in the position, status, salary and responsibility of the employee. So, the vacancy can e filled by transferring a suitable candidate from the same organization.REHIRING: The employees who have retired from the Job but they are rehired for their contribution and experience also the employee who leave the Job for a long period they also rehired if they apply to the organization internally. JOB POSTING: The major means for recruiting employees for other Jobs within the organization is a Job posting system. Job posting is a system in which the employer provides notices of Job openings and employees respond by applying for specific openings. The organization can notify employees of all J ob vacancies by posting deices, circulating publications or in some other way inviting employees to apply for jabs.In a unionized organization, Job posting and bidding can be quite formal; the procedure often is spelled out in the labor agreement. Is an organization that always focus on internal recruitment, promotions and transfers. They always motivate the internal employees to their career path in right way in AIRTIME. They always show them the right system so that AIRTIME can get their loyal employee and most importantly can recruit their employees internally which cost effective also. Promotion and transfer is highly appreciated in AIRTIME. They promote their employees and sometimes transfer them to other places with facilities.To get promote or to get promotion with transfer the employees must be eligible for some criteria. They are: They have to be on-roll employee of AIRTIME Ltd. Or its subsidiaries; For Brand S Ã¢â¬â have had at least 12 months of continuous service with AIRTIME services ; For Brand F/SMS, 1&2 Ã¢â¬â have had at least 18 months of continuous service with AIRTIME or one of its subsidiaries; Form Brand 3 & above Ã¢â¬â have had at least 24 months of continuous service with AIRTIME or one of its subsidiaries; Have spent at or a Job in another business unit or at another location within the company.Is case if an employee has changed location in the same circle while doing the same Job/role, he/she will be eligible to apply for the UP; Is cases where an employee has accepted a position as a consequence of organization changes, the employee in addition to satisfying the above conditions also needs to spends at least 6 months in the position before he/she is eligible of the UP; For the purpose of counting the minimum tenure as required above the following do not constitute a role change: Additional Jobs added on the existing Job;Job change within the same vertical in a function continuing to report to the same position or manager; Job name change, if the primary duties remain the same; A promotion with no change in responsibilities; Have been rated other than the following ratings Ã¢â¬ËALL', Ã¢â¬ËALL', Ã¢â¬ËALL' in their least performance appraisal in case of Band 1 and above employees; Have been rated other than the Ã¢â¬ËAH' rating in their latest performance appraisal in case of Band F, SMS and below employee; This is not applicable to young leaders in their first year training.In addition of fulfilling the above eligibility criteria, in case of a manager electing a candidate from his immediate (6 months) ex-team, he needs to take the consent of the current manager of the team. AIRTIME focuses more in rehiring. Because they belief that hiring an old employee than a new employee is far more better. Because the old employee knows a lot about the organization also knows the tradition and the culture of the organization and also it is cost effective. To rehire AIRTIME has some guideline.An ex-employee can be considered for re-hiring if: He/she has resigned voluntarily during his/her previous tenure; Must not have obtained performance rating of Ã¢â¬ËALL/ALL/ALL or AH' in the appraisal cycle before leaving the service of the company. To be considered for rehiring, an ex-employee has to apply for an open position after the period of recall specified in the following clause has passed and got selected for the same after going through the selection procedure.An employee who had been laid off shall be considered as re-hired when the position he/she has applied for and got selected is different from the position help prior to layoff in the same or different unit, where essential functions, requirements ND/or conditions of employment differ from the position help prior to layoff. From Competition: Re-hiring of ex-employees from competition (I. E.
Wednesday, August 28, 2019
Woolworths group plc operations in terms of management and leadership - Essay Example This research will begin with the statement that the need for developing leaders and managers evolved long time ago. Since then, an increasing range of approaches with different interventions has developed some focusing on the education of managers, others on training and development skills, behavioral elements of roles and others on holistic approaches to personal development within the workplace. The array of methods and interventions are still growing along with different types of developers ranging from in-house generalists, educational institutions and to externally outsourced experts. However, the intervention used must be appropriate to the environment and individuals willing to learn. Leadership and management development is still growing immensely within organizations and often in isolation from the HRM and other personnel. While there may be reasons for the isolation, it is important that there exists a link between major human resource management and development areas. In addition, the functions should be able to contribute to and be part of business strategic planning to secure the companyÃ¢â¬â¢s future senior leaders and managers. Leadership and management development involves the development of individuals and of companyÃ¢â¬â¢s capacity in respects of operational, goal achievement, trust/direction dimensions. The report looks at the operations of Woolworths Group plc, to examine its leadership and management strategies to give us an understanding of where it failed and how it can revive itself again.
Tuesday, August 27, 2019
Information technology and society - Assignment Example The society needs to care more on this issue because; through education people promote their social status and it also influences the way of life of individuals. Besides this, education provides access to such items as employment opportunities and thus improves the way of living of people. It is an important issue to focus on because knowledge gained through education can be applied in various fields such as health, information technology and in technical skills (Petersen, 2002). The application of information technology in the education is important so as to obtain current knowledge and improve access to many people across the globe. The name of the database is African Journals Online (AJOL) which provides access to African scholarly research online and is a non-profit making organization based in South Africa. The publisher that maintains this database is the International Network for the Availability of Scientific Publication (INASP) supported by Google. The staffs in AJOL maintains this database using digitalized full texts and capable software such as Linux as an operating system, Apache and PHP for scripting. The database is freely accessible and provides a user front-end where those using can browse and access the contents of the database online. It also has an administrative end where the staff, journal publishers and editors can log in and manage the contents of the database. In March 2004, AJOL re-launched a data system that was more sophisticated to increase the functionality of site and to ensure compatibility. This included the indexing of all journal content listed with AJOL through Open Archives Initiative, OAI search engines. Basically, information and knowledge products that are indexed include journals article so as to make them available to a greater audience and increase their visibility among the research community. An option for limiting
Land Law - Essay Example e above it is necessary to discuss the difference between joint tenancies and tenancies in common in order to determine whether property can be transferred to another by a will. It is also necessary to examine the way in which registration can occur with regard to ownership of the property in order to determine whether all five friends would be entitled to be entered on the property register. There also needs to be a discussion in relation to the fact that Ben is only 17 when the property has been bought, as well as a discussion in relation to the differing amounts invested by each in the property. There are two forms of co-ownership of property, which are joint tenancies1 and tenancies in common2. A joint tenancy is a collective ownership of that property. When a joint ownership is created there is unity of ownership amongst the parties3. As a result of this unity of ownership the sale or disposal of the property has to be done collectively. The Council of Mortgage Lenders allows up to four persons to be entered onto the title deeds of the property, although other persons can contribute towards the purchase price of the property. Persons not entitled to be entered onto the register will acquire a beneficial interest in the property only, although, it might be possible for them to be included on the register at a later date, if one of the four named persons either sells their share of the property or dies. Joint tenancy agreements create the right of survivorship4. Under a joint tenancy all persons have an equal share in the property. When one of the joint tenants dies, their share of the property will be divided amongst the surviving tenants. Joint tenants cannot sell their share of property to anyone other than one of the joint tenants, and they cannot transfer their share in a will. Joint tenancies are classed as unseverable5. None of the other tenants can force one of the parties to sell their share of the property and any decision to sell must be a
Monday, August 26, 2019
Advanced Computer Architecture - Assignment Example Multiprocessing tasks carry two simultaneous steps, one being performing the task of editing and the other is the handling of the data processing. A multiprocessor device over a single semiconductor chips a plurality of processors including a first group of processors and the second group of processors. The first bus is one to which first group of processors is coupled while the second external bus is the one to which the second bus is coupled. This term is also used to refer to a computer that has many independent processing elements. Processing elements are nearly full computers in their own right. The main contrast is that they have been freed from the encumbrance of communication with peripherals (El-Rewini and Abd-El-Barr, 2005). The processors are made of small and medium scale ICs which usually contains a less or large number of transistors. The multiprocessors involve computer architecture most common multiprocessor systems today use SMP architecture. In this scenario of multicore processors, the SMP architecture applies to the nuclei, handling them as separate processors. SMP systems permit any processor to labour on any task no matter where the data for the task are located in memory; with proper operating systems can easily move tasks between processors to balance the work load efficiently (Stallings, 2013). Multiprocessing in terms of architecture has some benefits like increased processing power, scale resource use of application requirements and also some additional operating system responsibilities such as, all processors remain busy, they work on consistent copies of shared data, execution of related processes synchronized and mutual exclusion is enforced. Multiprocessing is a processing type in which two or more processors work together to process more than one program simultaneously. Multiprocessor systems have more than one processor and thatÃ¢â¬â¢s
Sunday, August 25, 2019
Sankofa - Essay Example However, white man preferred the strong men who were able to work in the fields for long hours. After their capture they were tied together with chains to prevent them from escaping, those who tried to escape were either killed or whipped ruthlessly in front of others, this act helped to instill fear to others who had thought of either being resistant or either escaping. Caravans which consisted of long distance traders and a white man riding on a horse travelled to the coast and the latter to where there were big holding places for the staves. These slaves stayed in this holding place and waited for a merchant who would select them for travel. Women were mainly house slaves while men were field slave. The character of Nunu who was an African native with freedom experience though later sold to slavery is used to represent a true African character. As depicted by the character of noble Ali, Africans themselves were against the slave trade and the ruthless treatment the white men who used on Africans. Additionally, Africans were used against each other, when Master Lafayette who is the plantation owner instructs Noble Ali to whip a fellow slave Ali defy on the claim that he cannot be able to handle whipping and counting at the same time. The story in the film creates a huge reality of what happened during the Trans Saharan and Trans African slave trade. We are shown how Africans were subjected to untold mistreatment, when they were captured, dragged all the way to the coast tied with metallic chains. On arrival at the coast, they were placed in the dungeons tied up, upon arrival to the new world they were forced to leave their way of life and adapt the Christianity this created a religious conflict between the white manÃ¢â¬â¢s and the black manÃ¢â¬â¢s god. Women on the other hand, were mistreated through rape, which was done on public. During MonaÃ¢â¬â¢s transition into shoal, she claims that she dint know
Saturday, August 24, 2019
Global currency - Essay Example From the chart above, there are signs that the Rand attempts to gain against the US Dollar periodically by moving down to around 6.5 to a Dollar. However, in most of the times, it fluctuates and reaches highs of about 7.3 against the Dollar. Over the past month or so though, the Rand has really lost grounds to the US Dollar and has risen to highs of about 8.4 per Dollar. This indicates that there is potential for further escalations in the value of the Dollar against the Rand. The Rand can therefore be seen as a weaker currency in relation to the US Dollar and on the global markets. Figure 2 above shows the relationship between the South African Rand and the European common currency, the Euro. It is also seen that the Euro is stronger than the Rand. On the average, the Rand trades at about 9.5 to the Euro. Although there were times that the Rand gained and got to almost 8.5 to the Euro, most of the time, the Rand remains above the 9.5 mark. However, in the past three months, the Euro has strengthened further at levels over R10 per Euro. It is currently trading at 11 Rands per Euro. This shows that there is room for further appreciation of the Euro against the Rands. Aliber stated in 1970 that Ã¢â¬Å"the stronger a countrys currency, the more likely it is to invest in another country and the weaker the currency, the less likely it is to invest in another countryÃ¢â¬ (Goldstein,1991 p1976). This assumption Aliber made is tried and tested in numerous empirical tests. Aliber & Click (1993, p97) identifies that there is a capital market bias towards businesses from a stronger currency nation. In this case, it will be better for a US based business to operate in South Africa. Sharan (2002, p70) explains that the reason why businesses from countries with stronger currencies succeed in weaker currency nation is that it is much more easier to capitalize income in a weaker
Friday, August 23, 2019
Pregnant Mothers and Babies Deserve a Better Deal - Essay Example The theme of his writings indicates his passion for Ã¢â¬Å"humanised birth.Ã¢â¬ A child has the right to be born through right procedures and the woman has the right to give birth to a child in the normal course, wherein their human values and individual freedoms are protected. Medical fraternity has no business to adopt unethical practices cultivated on the fear psychology of pregnant women. Dr. Wagner makes a perfect case how and why a broken maternity system must be fixed to put women and children first, for it is an all-comprehending sociological problem which has important bearing on the overall welfare of the society. He is forthright to say that a patient need not and should not accept the doctorÃ¢â¬â¢s versions and decisions as truth-based in all circumstances, and doctors lie to the patients to serve their vested interests. Their disposition is like businessmen in any other category. They have a hidden agenda that serves their personal economic interests and that of the hospital of which they are the part. Detailing some of the pitfalls in the procedures adopted by obstetricians, Dr. Wagner writes, Ã¢â¬Å"Having the bag of water break before labour begins means that the baby and the womb are no longer protected from germs and infection.Ã¢â¬ (93)Wagner, citing many studies and real-life examples, concludes that natural births are healthier for women and babie s and it is an important psychological asset the mothers will carry proudly throughout their life. Delivering a baby is one of the most profound experiences, and the mother must own the right to make the informed choices of oneÃ¢â¬â¢s life instead of making abject surrender to the doctor at the hospital. No options should be imposed on the pregnant mother and her choices should not be fear-based.
Thursday, August 22, 2019
Role of the International Court and Tribunals in Relation to Armed Conflict Essay Introduction Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The volatility and persistence of armed conflicts around the world has caused the convention amongst states which aims to lessen the harm that it brought forth.Ã The research then aimed to identify the international laws and conventions that were created in order to lessen the evils of armed conflicts.Ã In addition, the research aimed to identify the international court and tribunals that were created in response to the said conventions and laws.Ã A few number of cases were also presented in order to understand more the applications of international laws and consequently the workings of the international court. The research will be identifying how these laws and courts are able to protect the rights of soldiers, prisoners of wars and civilians. Background of the Study Factors Leading to Conflict Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The historian AJP Taylor has described that wars are very much volatile as there are no standard systems in order to predict how one will occur. Ã Corollary with this, various psychologists have significantly related human nature in terms on the frequency of armed conflict.Ã EFM Durban and John Bowlby have argued that man is inherently violent.Ã Such a claim is in accordance with HobbeÃ¢â¬â¢s claim that on the state of nature man is in the state of war; hence claiming that man basically has the thirst for power and dominance, while consequently actualizing such in a violent manner. Durban and Bowlby claimed that although such a violence that man experiences is repressed in a conventional society, the creation of an outlet in order to occasionally express such a violent nature is inevitable.Ã This argument could be significantly related on how certain individuals such as for instance Hitler has displaced his hatred against the Jews.Ã Ã Such is in relation to the claim why certain individuals shift their grievances to certain ethnic groups, nations or ideologies. The Geneva Conventions Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The Geneva Conventions of 1949 contains four separate treatises which primarily focus on protecting soldiers from sufferings that may have been wounded, sick, shipwrecked or might be prisoners of wars (POWs).Ã In addition, the protection of civilians and their property are also taken into focus on the said conventions. Ã Ã The humanitarian focus of the Geneva Conventions was further expanded through the 1977 Additional Protocols. Ã Ã On the other hand, the details of the use of the weapons of war and the use of biological weapons are not included in the said convention as the use of the former were specified by the Hague Conventions of 1889 and 1907. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The First Geneva Conventions on August 12, 1949 necessitates that soldiers who are out of battle (i.e. hors de combat) should be protected.Ã The Article 12 claims that equal care should be given to all people regardless of sex, race, nationality, religion, political beliefs, etc.Ã Article 15 claims that the sick and the wounded must be protected from pillage and ill treatment.Ã The second Geneva Conventions on the other hand caters to those sick and wounded who are on the seas.Ã The 63 provisions focus on the armed forces who are Ã¢â¬Å"wounded, sick and shipwrecked, hospital ships and medical personnel, and civilians who accompany the armed forces.Ã¢â¬  Ã Ã The third Geneva Conventions contains 143 articles which clearly defines how prisoners of war (POWs) should be treated.Ã According to the American Red Cross, POWs should be Ã¢â¬Å"Ã¢â¬ ¦treated humanely, adequately housed, and receive sufficient food, clothing, and medical care. Its provisions also establish guidelines on labor, discipline, recreation, and criminal trialÃ¢â¬ .Ã Specific provisions of the third Geneva Conventions which tackled these provisions areÃ Arts. 70-72, 123, Arts. 13-14, 16, Arts. 25-27, 30, Art. 23, Art. 17, Arts. 50, 54, Arts. 82, 84, Arts. 109, 110, Art. 118,Ã and Art. 125.Ã The fourth Geneva Conventions then focuses on the protection of the civilians in times of armed conflict.Ã The 159 articles of the said conventions emphasizes the need to have civilian livesÃ¢â¬â¢ maintained in a normal disposition and protect them on every means of evil.Ã  Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã As a sum, the Geneva Conventions based its arguments on the basic rational that human dignity of all individuals must be of utmost importance regardless of any instance.Ã Necessary ways must be done in order to prevent any kind of suffering of both the combatants who have suffered wounds or any type of sickness.Ã In addition, the rights of the rights of the POWs are also taken into utmost detail, hence preventing any kind of torture and other types of human rights violations.Ã In addition the protection of the civilians most specially the assurance of the living a normal and quality life that is free from danger and any type of evils are also emphasized. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The 1949 Geneva Conventions paved the way for the creation of a more detailed law that focuses more on the workings of armed conflict.Ã The Law of Armed Conflict (LOAC) is a response to the demand of a more thorough legal perspective in terms of conducting armed conflicts. Law of Armed Conflict (LOAC) Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The Law of Armed Conflict (LOAC) stemmed out from customary practices of international law which required nations to comply with the set of laws that preside over the exercise of military operations in armed conflict.Ã The acceptance of the international jurisdiction of the LOAC could be seen in the US Constitution which dubbed treaty obligations as the Ã¢â¬Å"supreme law of the landÃ¢â¬ , hence a part of the US law.Ã Hence it could be implied that all individuals that are under the US law most particularly those militants who are engaged in armed conflicts are bounded by LOAC. The DoDD 5100.77, DoD Law of War Program emphasizes the necessity amongst all military departments to create a program that ensures that LOAC will be observed.Ã In addition with this, part of the treaty obligation of the US under the 1949 Geneva Conventions is the training of all military forces under LOAC and ensure that all weapons that will be used in armed conflict will be reviewed. The nature of combatants are clearly defined in the LOAC.Ã Lawful combatants are those individuals who are certified by any government authority to participate in armed conflict.Ã In addition, a lawful combatant must be under the jurisdiction by an individual whose duty is to be responsible to his subordinates.Ã Corollary with this, a permanent and unique emblem should be identified even in a distant such as uniforms.Ã More importantly, a lawful combatant should be able to carry his arms obviously. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã On the other hand, noncombatants are those people who are not certified by any government authority to engage in armed conflict.Ã These individuals are clearly defined as civilians who are with the Armed Forces, soldiers who are out of combat i.e. POWs, wounded, medical personnel and chaplains. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã In relation with this, unlawful combatants are those people who participate in armed conflict whom however are not authorized by any government authority to be such.Ã For instance, bandits who steal from civilians are seen as unlawful combatants and may be viewed as targets that could be captured or killed. Also, unlawful combatants could also be put into trial because of violating international laws. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Individuals who have undetermined status are those people which could not be categorized as a lawful combatant, noncombatant or an unlawful combatant. Undetermined individuals however are still viewed as under the protections of the Geneva Prisoner of War conventions until their status will be identified. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Military targets are also clearly defined in the LOAC.Ã Such is relevant in order to limit the attacks to appropriate individuals.Ã Military targets are defined are those individuals whose virtue of their own nature, location, purpose adds to an enemyÃ¢â¬â¢s capacity to engage in war.Ã More importantly, the arrest and/or annihilation of these military targets are perceived to actualize the military objectives of the government. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Regardless of the perceived goal of annihilation or capture of military targets, LOAC still takes into utmost focus the disposition of the civilian population.Ã Attacks on places which are not justified by military necessity are against the LOAC.Ã In addition, the attack on civilians in order to terrorize them is also against the international laws.Ã However, LOAC considers that the civilian deaths or other related casualties could not be totally prevented in armed conflicts. Hence, the LOAC emphasizes that as much as possible, military objectives would seek to minimize such harms.Ã LOAC emphasizes that losses on the part of the civilians must be in equal measure to the goals of the military.Ã In relation with this, LOAC also has a provision against attacking objects that are dedicated to peaceful purposes.Ã Medical units, vehicles for the wounded and the sick, hospital ships both for the civilian and the soldiers, safety zones as established by the Geneva Conventions, religious, cultural and charitable infrastructures, monuments and POW camps.Ã Albeit, LOAC also made clear that if by any chance that these objects will be used for war purposes, such will not be subject to any immunity. Problem Statement Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Based on the laws set forth by the Geneva Conventions and the Laws of Armed Conflict (LOAC), the research seeks to identify what are the international tribunals and courts that are created in order to resolve the conflicts which stemmed during and/or after a particular war.Ã In addition, the research seeks to know what are the roles that these tribunals and courts played in relation to resolving conflicts and various types of injustices. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã International Court and Tribunals are created either to solve general conflicts and criminal cases or specific criminal cases of a particular country. These courts and tribunals are operational based on the laws, conventions and scope agreed upon and must be able to dispense justice in all possible cases.Ã However, issues emerge as how international courts and tribunals handle, resolve conflicts and spend their budget. Objectives of the Study Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The research aimed to: Identify the laws that were created that led to the proper and just exercise of international armed conflict. Identify various international court and tribunals that resulted due to the enactment of these laws. Identify the roles of the said tribunals and court in the exercise of justice. Identify the issues that these tribunals and court currently face. Significance of the Study Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The research is relevant in order to increase the awareness of the researcher and his colleagues on the workings of international laws in terms of resolving armed conflicts.Ã In addition, the identification of the international court and tribunals which stemmed out from these laws are also relevant not only for academic awareness and knowledge but also for a wider perspective of how armed conflict has affected various countries all over the world.Ã Such will enable the researcher to know the quality of life of these people that could further aid him in participating in his own small way of minimizing the advent of various political leaders for war. Review of Related Literature Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The research will be identifying the courts and tribunals which were created in order to resolve various conflicts and injustices that resulted because of armed conflicts.Ã For the purpose of this paper, the research will be discussing the First Generation Tribunals i.e. Nuremberg Tribunal and the Tokyo Tribunal; the Second Generation Tribunals i.e. International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). Ã Ã Ã Ã Ã Ã Ã Ã The role of these courts in relation to armed conflict will be identified, discussed through its principles and cases being resolved.Ã In addition, the issues that envelope these international courts and tribunals will also be identified. First Generation Tribunals International Military Tribunal in Nuremberg (Nuremberg Tribunal) Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The Nuremberg Tribunal was responsible for the trial and prosecution of the political, military and economic leaders of Nazi Germany.Ã The said trial was made at the Nuremberg Palace of Justice on the city of Nuremberg Germany from 1945 to 1949.Ã Two sets of trials were made.Ã The first was the Ã¢â¬Å"Trial of the Major War Criminals Before the International Military Tribunal (IMT) which was held from November 20, 1945 to October 1, 1946 which comprises of the 24 most relevant leaders of the Nazis.Ã On the other hand, the Control Council Law No. 10 at the US Military Tribunals (NMT) on the other hand was for the lesser war criminals which included doctors and judges. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The first principle of the Nuremberg Tribunal claims that an individual who commits a crime that is punishable under international laws should be apprehended and punished.Ã Consequently, the second principle states that if by any chance that the law does not provide a specific type of penalty for a particular crime, does not automatically relieve the accused of the said crime that he committed.Ã The third principle on the other hand, emphasizes that being a government leader such as a head of state etc does not automatically relieve an accused of his accountability to the alleged crime.Ã In relation with this, the notion of the existence of a moral choice was cited on Principle four and as per the Tribunal should be the guiding virtue to acts that were claimed to be done due to duress from a superior. More importantly, the fifth principle made it clear that the accused must be subjected to a fair trial based on the laws and evidences that will be gathered.Ã The sixth principle then defines the set of crimes that are punishable under international law, these are:Ã crimes against peace, war crimes and crimes against humanity.Ã Crimes against peace were defined as the Ã¢â¬Å"planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurancesÃ¢â¬ and the Ã¢â¬Å"participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned underÃ¢â¬ .  On the other hand, war crimes are seen as the Ã¢â¬Å"murder, ill-treatment or deportation to slave-labor or for any other purpose of civilian population of or in occupied territory, murder or ill treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessityÃ¢â¬ .Ã Finally, crimes against humanity are characterized as Ã¢â¬Å"Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crimeÃ¢â¬ . Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The principles of the Nuremberg Tribunal which are affirmed by the General Assembly are the first set of principles that were formulated in order to lessen the evils brought forth by armed conflict.Ã The tribunal recognizes that equality of all men on the eyes of the law, as evident on the first and the third principles.Ã In addition, the notion of impartiality and fairness are also made clear as one of the guiding principles of the tribunal in order to trial those who were accused. However, one of the criticisms against the Nuremberg Tribunal is with regard to the notion that its principles are made ex post facto or Ã¢â¬Å"after the factÃ¢â¬ .Ã Such means that the principles are made just after the Axis powers surrendered and the principles are not really adapted to any existing custom law.Ã Ã Critics of the Nuremberg Tribunal argue that what happens is more of a Ã¢â¬Å"VictorÃ¢â¬â¢s JusticeÃ¢â¬ rather than a more impartial, neutral and just trial.Ã Ã In relation with this, other criticism such as the accused were not allowed to appeal against the court or may also influence the selection of the judges. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Below is a table summarizing the decision of the tribunal on the major personalities of the Nazi Regime. International Military Tribunal for the Far EastÃ (IMTFE) (Tokyo Tribunal) Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The International Military Tribunal for the Far East, also dubbed as the Tokyo Tribunal was created in response to the crimes committed by the leaders of the Japan Empire during the Second World War.Ã The jurisdiction among people is limited to the criminals of the Far Eastern who as members of an organization or as an individual have committed a crime that is against peace. The tribunal trialed the three types of crimes committed by Japanese leaders which are Ã¢â¬Å"Class A or crimes against peace, Class B or war crimes and Class C or crimes against humanity.Ã Ã The first class of criminals is those Japanese who have waged a conspiracy in order to start the war and the other two types of criminals refer to those of the Nanking Massacre.Ã The trials started on May 3, 1946 and were finished on November 12, 1948. The Nanking Massacre involves the thousand of deaths that resulted from the abuse of the Japanese forces.Ã Civilians were buried alive while some become the targets of bayonet practice.Ã In addition, some were shot in huge groups and were thrown into the Yangtze River.Ã In addition with this, numerous women were raped, murdered and mutilated. Japan has also conducted opium trafficking in China in order to weaken the latter from resisting. The tribunal on Article 6 have made clear the responsibility of the accused, wherein it emphasizes that the accused official position orÃ responsibility towards the government are not sufficient reasons in order to acquit him, unless proven so.Ã The Article 9 which states how the trial of the accused is to be conducted is somewhat similar to that of the Nuremberg Tribunal.Ã Although Article 9 is leaning towards a fair trial for the accused, the provisions are only focusing on Indictment, Language, Counsel for Accused, Evidence for Defense, and Production of Evidence for the Defense.Ã One could see that there are no such provisions saying that the accused is capable for an appeal or could have an influence for the selection of the judges.Ã Similarly, Article 16 describes the mode of penalty and punishment includes death or other penalties that are perceived by the tribunal to be just. Second Generation Tribunals The International Criminal Tribunal for the former Yugoslavia (ICTY) Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The International Criminal Tribunal for the former Yugoslavia or the ICTY was made on May 25 1993 by the Security Council Resolution 827 in order to trial the crimes that were made on the former Yugoslavia, more particularly on the Republic of Bosnia and Herzegovina in order to protect international peace and security.Ã ICTY is located at Hague Netherlands.  Ã The ICTY has already indicted 161 individuals who are responsible for the crimes against international and humanitarian law.Ã The conflicts that emerge on the former Yugoslavia shifted from Slovenia to Croatia and then to Bosnia which the later showed signs of genocide such as deportation and mass executions and concentration camps.Ã In addition with this, sexual assaults and rape were also documented.Ã In effect of this, on October 1992, the Security Council asked UN Secretary, Butros Butros Ghali to furnish an account of the violation of international humanitarian law in the former Yugoslavia. The ICTY has four major objectives: first is to bring to justice the individuals who are accountable on the grave violations of international and humanitarian law, to dispense justice to those who are afflicted, to prevent such crimes to occur again, to do its part to restore peace and held responsible those individuals who committed such crimes of international law and humanitarian law. The jurisdiction of the ICTY is limited only to individuals and not organizations and or groups, who were alleged to commit such crimes after the first of January, 1991.Ã The violations that are subject to ICTYÃ¢â¬â¢s jurisdiction are those violations coming from the Geneva conventions such as: Ã¢â¬Å"a) wilful killing; b) torture or inhuman treatment, including biological experiments; c) wilfully causing great suffering or serious injury to body or health; d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power; f) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial; g) unlawful deportation or transfer or unlawful confinement of a civilian; h) taking civilians as hostagesÃ¢â¬  Also, Violations on the Laws or Customs of War are also included such as: Ã Ã Ã Ã Ã Ã Ã Ã¢â¬Å"a) use of poisonous weapons or other weapons calculated to cause unnecessary suffering; b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity; c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings; d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science; e) plunder of public or private property.Ã¢â¬  Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Crimes against humanity which are normally done to the civilians of former Yugoslavia are also trialed. In addition with this, Genocide was also another crime that ICTY looked into. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The ICTY has also categorized into two types the criminal responsibilities of that were allegedly committed by every accused.Ã The first type are those individuals who have a well structured plan and authority to exercise such crimes, while on the other hand, the second type of accused are those superiors who have their subordinates commit crimes which the former has no knowledge of; and / or the superiors who did not made any steps in order to punish the said subordinate who made such a crime. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The ICTY also has Rules of Procedure and Evidence that were drafted and amended by its judges and provides the parameters of how proceedings in trials should undergo.Ã The basic premise of these standards resides on the notion of fairness which establishes the innocence of the accused and the burden of proof should rest on the prosecution.Ã More importantly, ICTY has made sure that all of the parties involved must have the capacity to present their cases and in such instances, the tribunal requires that the language of the accused will be used.Ã The tribunal has also made clear that death penalty can not be imposed and that the parties both have the right to appeal. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Corollary with this, the rules of the tribunal also provides the right for a public hearing.Ã In addition, the right of the accused to analyze the evidences of the prosecution, present his own evidences and the right against self-incrimination is also an evidence of a fair treatment to the accused.Ã Unlike the Nuremberg and the Tokyo tribunal, the ICTY provides a more balanced perspective in terms of dealing with armed conflict accused and criminals.Ã In addition, the utmost relevance that is centered on the importance of the human life is also evident as death penalty is not an accepted form of punishment to those trialed as guilty of the said allegations. International Criminal Court for Rwanda (ICTR) Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The International Criminal Court for Rwanda (ICTR) was made on November 8, 1994 which is roughly 18 months after the ICTY was made.Ã The Security Council adopted the resolution 955 in order to trial the human rights abuses that resulted the conflict of two major tribes in Rwanda that resulted to genocide between January 1, 1994 and December 31, 1994.Ã In addition with this, the neighboring states of Rwanda who have participated as well for the said genocide and other human rights violation were also subjected to the trials of the tribunal. Ã Ã ICTR is located in Arusha, United Republic of Tanzania. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The domestic conflict that emerge between the Hutu tribe which is the dominating tribe in Rwanda and the Tutsi Tribe which was the minority after the countryÃ¢â¬â¢s decolonizationÃ in 1962.Ã Ã The Hutus and the TutsiÃ¢â¬â¢s conflict emerge primarily out of political reasons and not really of ethnic differences.Ã Both of the tribes shared the same Roman Catholic faith and in times intermarried. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã In 1960, the Belgian government organized an election in response to the TutsiÃ¢â¬â¢s demand for independence.Ã However, a huge amount of the mayoral posts were given to the Hutus and in two years span, the Hutus have supplanted the Tutsis as the local elites.Ã At such a span of time, there has been a wide documentation of reports claiming massacres of Tutsis which further led the latter to move to near by countries.Ã After 15 years, the killings have abated and the Tutsi refugees who have returned organized a parliamentary forced known as Rwandan Patriotic Font (RPF) which later on signed peace conventions to Arusha Peace Accords which mandated the share of powers between the Hutus and the Tutsis. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The rare of how the Rwandan genocide have occurred was perceived to be so fast as around 1994 around 500,000 Ã¢â¬â 1,000,000 Tutsis has been killed while 10,000 to 100,000 Hutus were killed. The laws adopted by the ICTR are governed by its statute which was based from the Security Council Resolution 955, wherein the Article 14 of the Statute serves as the foundation of the judicial framework of the tribunal.Ã Ã The ICTR is primarily made of three organs which are the Chambers and the Appeals Chamber, the Office of the Prosecutor and the Registry. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The jurisdiction of the ICTR is under the parameters of Ã¢â¬Å"genocide, crimes against humanityÃ¢â¬ and Ã¢â¬Å"violations of Article 3 of the Geneva Conventions and of Additional Protocol IIÃ¢â¬ .Ã In relation with this, the crimes which are to be trialed are those executed between 1 January and 31 December 1994.Ã Those crimes to be included are those within Rwanda and in the territory of neighboring states which are significantly related to the alleged crimes. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã However certain objections were made with regards to the laws set forth by the ICTR.Ã The first objection was against the decision regarding the jurisdiction on crimes limited to July 1994 rather than December 1994.Ã Critics claimed that such is because of the tribunalÃ¢â¬â¢s preference to cover earlier crimes and suspend temporal jurisdiction to retribution crimes against Hutus that were made on December.Ã The second objection was about the penalty that was accepted in Resolution 955 which was the highest form appears to be life imprisonment.Ã Such a statute was objected due to the argument that the Rwandan Penal Code allows the execution of death penalty. Ã The stand on the preference of the possibility of death penalty to be given against the leaders of the mass killings is so much important to the victims.Ã The third objection was with regard to the limitation of the crimes to be trialed as those of concerning genocide alone.Ã In effect of this, the killings that the TutsiÃ¢â¬â¢s made after July would not be categorized as under the ICTR jurisdiction.Ã The fourth problem is with regard to the objection of the location of ICTR in Arusha stating that the Ã¢â¬Å"deterrent effect of the trial and the punishment will be lost if the trial and punishment will be lost if the trials were to be held hundreds of miles away from the scene of the crimeÃ¢â¬ .  International Criminal Court (ICC) Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The International Criminal Court was created on 2002 and is a permanent tribunal to trial cases and Ã¢â¬Å"crimes of genocide, crimes against humanity, war crimes and crimes of aggressionÃ¢â¬ as per Article 5 of its Statue. Ã Ã There have been a couple of appeals stating that crimes such as terrorism and drug trafficking must be included on the list of crimes that the court deals into. India has made a proposal to include the creation of the weapons of mass destruction, and nuclear weapons but such appeals to the court are defeated. Ã According to Article 11, the court only has jurisdiction after July 1, 2002 which was when the Rome Statute of the International Criminal Court took effect.Ã The ICC is the Ã¢â¬Å"court of last resortÃ¢â¬ and will only trial cases of national origin when proved to be based on a faulty reasoning. Ã ICC has jurisdiction over matters wherein the accused belongs to a territory or state party that is under the national or territory of a state party.Ã After which Article 14 states that such a case will be referred by the United Nations to the ICC.Ã Since the court is made to function in juxtaposition of various national courts, ICC can only make take over the on the trial of certain crimes that national courts are unwilling to look intoÃ Ã The Article 17 of the Statute claims that Ã¢â¬Å"(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution; Ã Ã Ã (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute; (c) The person concerned has already been tried for conduct which is the subject of the complaint (d)Ã Ã Ã Ã The case is not of sufficient gravity to justify further action by the CourtÃ¢â¬ . Similar to the tribunals presented above, the ICC also does not excuse criminals who hold certain positions on the government office. As defined in Article 27 these individuals include Ã¢â¬Å"Head of State or Government, a member of a Government or parliament, an elected representative or a governmentÃ¢â¬ Ã In relation with this, Article 28 of the Statute claims that the superiors of those criminals are held responsible for the crimes committed by the latter. Ã The military commander are held liable in grounds of having or not having the foreknowledge of the criminal acts to be conducted and the failure of the commander to prevent or to report to other individuals of high position the perceived criminal acts to be executed.Ã In relation with this, the military commander will be held responsible for the criminal acts of his subordinates, given the notion that the former did not properly exercise his control by disregarding the foreknowledge that he got, and also failure to exercise his power and control in order to prevent such acts. The ICC as of April 2007 have a total of 41 countries signed the Roman Statute but a number of countries are still opposing on it.Ã According to the Article 3 of the Statute, the official seat of the court is in Hague Netherlands; however, it may hold proceedings at almost any place. The Effectiveness of International Courts and Tribunals Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Barria and Roper provided an analysis on the effectiveness of the second generation international tribunals and also touching certain aspects of the effectiveness of international courts such as the ICC.Ã According to them, the assessment of the effectiveness of the ICTY and the ICTR are difficult to assess because they were established based on various rationales due to the argument that the Security Council perceived the said tribunals with a Ã¢â¬Å"multi-faceted mandateÃ¢â¬ . Although it could be asserted that the basis for the creation of the ICTY and the ICTR are based on a specific statute such as the Resolution 955, it could be perceived that they have the two tribunals serve two different ends.Ã The ICTR is perceived to maintain peace and order, make sure that violations against human rights and various killings will be stopped, and eventually leading on the process of national reconciliation.Ã As such, Barria and Roper argued that ICTRÃ¢â¬â¢s two main goals are closely similar to the ICTY, other than that the ICTR included on its mandate the task of reconciliation among the two opposing national forces. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã On a closer analysis, the establishment of the ICTY and the ICTR does not necessarily provided an immediate deterrent effect on the nations and parties that are involved, however, such hopes on the deterrent nature of the court are still expected on the far future. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã In addition, Barria and Roper criticized that international tribunals are not generally perceived as an avenue to maintain peace and order, however, newly established courts such as the ICC are perceived to have the capability of securing peace in the international community. Roberts, as cited in Barria and Roper have maintained that the ICTY and the ICTR are not really that successful in terms of maintaining peace and security.Ã More importantly, Shinoda as cited in Barria and Roper criticized the relationship of imposing justice on the notion of national peace and order.Ã As such, Shinoda argued: Ã¢â¬Å"Does justice really contribute to peace? Should we reject unjust peace even in post-conflict regions?Ã¢â¬ Ã As such, Barria and Roper argued that ICTY was not able to establish peace and order on the former Yugoslavia as hostilities between Bosnian Serbs, Croats and Muslims still exist. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã On the case of the ICTR, revenge killings on the part of the Tutsi tribes are still in effect, as there is no cooperation on the part of national forces within the state of Rwanda.Ã As such, Barria and Roper argued that the success of the imposing of peace and order through the second generation tribunals will be only fully actualized if it gained support from the nations involved and the international society. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Another significant criticism that was raised regarding the role of international tribunals was that of Cobban wherein she asserts that international tribunals besides the argument that they failed to dispense justice have due process that are long and expensive.Ã On the 25 indictments that the ICTR have done, more than $1 billion was the documented cost which makes every case cost around $40 million. Ã Conclusion International Court and Tribunals are created either to solve general conflicts and criminal cases or specific criminal cases of a particular country. These courts and tribunals are operational based on the laws, conventions and scope agreed upon and must be able to dispense justice in all possible cases.Ã However, issues emerge as how international courts and tribunals handle, resolve conflicts and spend their budget. The research has identifying the courts and tribunals which were created in order to resolve various conflicts and injustices that resulted because of armed conflicts.Ã The research has discussed the First Generation Tribunals i.e. Nuremberg Tribunal and the Tokyo Tribunal; the Second Generation Tribunals i.e. International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). The Nuremberg Tribunal was responsible for the trial and prosecution of the political, military and economic leaders of Nazi Germany.Ã The said trial was made at the Nuremberg Palace of Justice on the city of Nuremberg Germany from 1945 to 1949.Ã Two sets of trials were made.Ã The first was the Ã¢â¬Å"Trial of the Major War Criminals Before the International Military Tribunal (IMT) which was held from November 20, 1945 to October 1, 1946 which comprises of the 24 most relevant leaders of the Nazis.Ã On the other hand, the Control Council Law No. 10 at the US Military Tribunals (NMT) on the other hand was for the lesser war criminals which included doctors and judges The International Military Tribunal for the Far East, also dubbed as the Tokyo Tribunal was created in response to the crimes committed by the leaders of the Japan Empire during the Second World War.Ã The jurisdiction among peopleÃ is limited to the criminals of the Far Eastern who as members of an organization or as an individual have committed a crime that is against peace. The International Criminal Tribunal for the former Yugoslavia or the ICTY was made on May 25 1993 by the Security Council Resolution 827 in order to trial the crimes that were made on the former Yugoslavia, more particularly on the Republic of Bosnia and Herzegovina in order to protect international peace and security.Ã ICTY is located at Hague Netherlands.Ã Ã Ã The ICTY has already indicted 161 individuals who are responsible for the crimes against international and humanitarian law The International Criminal Court for Rwanda (ICTR) was made on November 8, 1994 which is roughly 18 months after the ICTY was made.Ã The Security Council adopted the resolution 955Ã in order to trial the human rights abuses that resulted the conflict of two major tribes in Rwanda that resulted to genocideÃ between January 1, 1994 and December 31, 1994.Ã In addition with this, the neighboring states of Rwanda who have participated as well for the said genocide and other human rights violation were also subjected to the trials of the tribunal .Ã Ã ICTR is located in Arusha, United Republic of Tanzania . The International Criminal Court was created on 2002 and is a permanent tribunal to trial cases and Ã¢â¬Å"crimes of genocide, crimes against humanity, war crimes and crimes of aggressionÃ¢â¬ Barria and Roper provided an analysis on the effectiveness of the second generation international tribunals and also touching certain aspects of the effectiveness of international courts such as the ICC.Ã According to them, the assessment of the effectiveness of the ICTY and the ICTR are difficult to assess because they were established based on various rationales due to the argument that the Security Council perceived the said tribunals with a Ã¢â¬Å"multi-faceted mandate. Another significant criticism that was raised regarding the role of international tribunals was that of Cobban wherein she asserts that international tribunals besides the argument that they failed to dispense justice have due process that are long and expensive. 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United Nations, Ã¢â¬Å"Part 1 ESTABLISHMENT OF THE COURT, Article 3Ã¢â¬ , http://www.un.org/law/icc/statute/99_corr/4.htm accessed 20 April 2007.  Ã¢â¬Å"Causes of WarÃ¢â¬ , http://www.spiritus-temporis.com/war/causes-of-war.html accessed on 18 April 2007.  Ibid.  American Red Cross, Ã¢â¬Å"1949 Geneva ConventionsÃ¢â¬ http://www.icrc.org/ihl.nsf/7c4d08d9b287a4214125673 9003e636b/fe20 c3d903ce27e3c125641e004a9 2f3 accessed 19 April 2007.  American Red Cross Ã¢â¬Å"FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and WarÃ¢â¬ (2001).  Ibid.  Ibid on page 3.  Ibid.  Powers Rod, Ã¢â¬Å"Law of Armed Conflict (LOAC)Ã¢â¬ (Guide to US Military) http://usmilitary.about.com/cs/wars/a/loac.htm accessed 19 April 2007.  Ibid.  Ibid.  Ibid.  Ibid.  Ibid.  Ibid.  Microsoft Encarta, Ã¢â¬Å"War Crimes TrialÃ¢â¬ , Microsoft Encarta Encyclopedia 2005.  Ibid.  Ibid.  Ibid.  Ibid.  Ibid.  Ibid.  Ibid.  Ibid.  Biddis M, Ã¢â¬Å"VictorÃ¢â¬â¢s Justice? The Nuremberg TribunalÃ¢â¬ , History Today (1995).  Ibid.  Ibid.  Table taken from: Biddis M, Ã¢â¬Å"VictorÃ¢â¬â¢s Justice? The Nuremberg TribunalÃ¢â¬ , History Today (1995).  Avalon Project at Yale School, Ã¢â¬Å"International Military Tribunal for the Far East, (Article 5)Ã¢â¬ http://www.yale.edu/lawweb/avalon/imtfem.htm accessed 20 April 2007.  Puja K, Ã¢â¬Å"Global Civil Society Remakes History:Ã¢â¬Å"The WomenÃ¢â¬â¢s International War Crimes Tribunal 2000Ã¢â¬ , Duke University, positions 9:3 Winter 2001, 611-618.  Ã¢â¬Å"The Tokyo War Crimes TrialÃ¢â¬ , http://www.cnd.org/mirror/nanjing/NMTT.htmlaccessed 20 April 2007.  Ibid.  Avalon Project at Yale School, Ã¢â¬Å"International Military Tribunal for the Far East, (Article 6)Ã¢â¬ http://www.yale.edu/lawweb/avalon/imtfem.htm accessed 20 April 2007  Ibid on Article 9.  Ibid on Article 16.  United Nations, Ã¢â¬Å"General InformationÃ¢â¬ , http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007.  United Nations. Ã¢â¬Å"Key Figures of ICTY CasesÃ¢â¬ , http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007.  PICT-PCTI, Ã¢â¬Å"International Military Tribunal for the Former YugoslvaiaÃ¢â¬ , http://www.pict-pcti.org/courts/ICTY.html accessed 20 April 2007.   United Nations, Ã¢â¬Å"General InformationÃ¢â¬ , http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007.  Global Policy, Ã¢â¬Å"Tribunal Laws Made SimpleÃ¢â¬ , http://www.globalpolicy.org/intljustice/tribunals/yugo/2004/ictyintro.htm Ã accessed 20 April 2007.  Ibid.  Ibid.  Ibid.  Ibid  Ibid.  United Nations, Ã¢â¬Å"International Criminal Tribunal for RwandaÃ¢â¬ , ictyhttp://www.unhchr.ch/html/menu2/2/rwatrib.htm accessed 20 April 2007.  Barria L and Ropper S, Ã¢â¬Å"How Effective are International Criminal Tribunals? An Assessment of the ICTY and the ICTR, The International Journal of Human Rights September 2005, Vol. 9, No. 3, 349Ã¢â¬â368.  United Nations, Ã¢â¬Å"General InformationÃ¢â¬ , http://126.96.36.199/default.htm accessed 20 April 2007.  Ibid.  Barria L and Ropper S, Ã¢â¬Å"How Effective are International Criminal Tribunals? An Assessment of the ICTY and the ICTR, The International Journal of Human Rights September 2005, Vol. 9, No. 3, 349Ã¢â¬â368  Ibid.  Ibid.