Category: News

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July 25 is the 206th day of the year (207th in leap years) in the Gregorian calendar. There are 159 days remaining until the end of the year.

On this day in 1788, Wolfgang Mozart completes his Symphony No. 40 in G minor.

The question of the Symphony’s premiere

There is no completely solid documentary evidence that the premiere of the 40th Symphony took place in Mozart’s lifetime. However, as Zaslaw (1983) points out, the circumstantial evidence that it was performed is very strong. On several occasions between the composition of the symphony and the composer’s death, symphony concerts were given featuring Mozart’s music, including concerts in which the program has survived, including a symphony, unidentified by date or key.

Most important is the fact that Mozart revised his symphony (the manuscripts of both versions still exist). As Zaslaw says, this “demonstrates that [the symphony] was performed, for Mozart would hardly have gone to the trouble of adding the clarinets and rewriting the flutes and oboes to accommodate them, had he not had a specific performance in view.” The orchestra for the 1791 Vienna concert included the clarinetist brothers Anton and Johann Stadler; which, as Zaslaw points out, limits the possibilities to just the 39th and 40th symphonies.

Zaslaw adds: “The version without clarinets must also have been performed, for the reorchestrated version of two passages in the slow movement, which exists in Mozart’s hand, must have resulted from his having heard the work and discovered an aspect needing improvement.”

Concerning the concerts for which the Symphony was originally (1788) intended, Otto Erich Deutsch suggests that Mozart was preparing to hold a series of three “Concerts in the Casino”, in a new casino in the Spiegelgasse owned by Philipp Otto. Mozart even sent a pair of tickets for this series to his friend Michael Puchberg. But it seems impossible to determine whether the concert series was held, or was cancelled for lack of interest. Zaslaw suggests that only the first of the three concerts was actually held.

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

Breakfast Tune: Eurythmics – Sweet Dreams banjo cover, Banjo Guy Ollie

Banjo Guy Ollie – Published on Jun 29, 2015 Here’s my third full song cover (after Metallica’s Enter Sandman and Game of Throne) on my 5 string Tenor banjo and Mandolin …and Bodhran drum for kick snare.

Huge , HUGE thanks to my friend Karen Weekes for the loan of her beautifully strong and haunting voice, as Annie Lennox was busy that week and I couldn’t get her to record.

Today in History

Andrea Doria begins to sink after a collision in the North Atlantic; An Air France Concorde crashes outside Paris; First ‘test-tube’ baby born; Golfer Ben Hogan dies; ‘A Chorus Line’ opens on Broadway.

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June 24 is the 175th day of the year (176th in leap years) in the Gregorian calendar. There are 190 days remaining until the end of the year.

On this day in 1957, the U.S. Supreme Court rules that obscenity is not protected by the First Amendment.

Roth v. United States, along with its companion case, Alberts v. California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.

Prior history

Under the common law rule that prevailed before Roth, articulated most famously in the 1868 English case Hicklin v. Regina, any material that tended to “deprave and corrupt those whose minds are open to such immoral influences” was deemed “obscene” and could be banned on that basis. Thus, works by Balzac, Flaubert, James Joyce and D. H. Lawrence were banned based on isolated passages and the effect they might have on children.

Samuel Roth, who ran a literary business in New York City, was convicted under a federal statute criminalizing the sending of “obscene, lewd, lascivious or filthy” materials through the mail for advertising and selling a publication called American Aphrodite (“A Quarterly for the Fancy-Free”) containing literary erotica and nude photography. David Alberts, who ran a mail-order business from Los Angeles, was convicted under a California statute for publishing pictures of “nude and scantily-clad women.” The Court granted a writ of certiorari and affirmed both convictions.

The case

Roth came down as a 6-3 decision, with the opinion of the Court authored by William J. Brennan, Jr.. The Court repudiated the Hicklin test and defined obscenity more strictly, as material whose “dominant theme taken as a whole appeals to the prurient interest” to the “average person, applying contemporary community standards.” Only material meeting this test could be banned as “obscene.” However, Brennan reaffirmed that obscenity was not protected by the First Amendment and thus upheld the convictions of Roth and Alberts for publishing and sending obscene material over the mail.

Congress could ban material, “utterly without redeeming social importance,” or in other words, “whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interest.”

With the Court unable to agree as to what constituted obscenity, the Justices were put in the position of having to personally review almost every obscenity prosecution in the United States, with the Justices gathering for weekly screenings of “obscene” motion pictures (Black and Douglas pointedly refused to participate, believing all the material protected). Meanwhile, pornography and sexually oriented publications proliferated as a result of the Warren Court’s holdings, the “Sexual Revolution” of the 1960s flowered, and pressure increasingly came to the Court to allow leeway for state and local governments to crack down on obscenity. During his ill-fated bid to become Chief Justice, Justice Abe Fortas was attacked vigorously in Congress by conservatives such as Strom Thurmond for siding with the Warren Court majority in liberalizing protection for pornography. In his 1968 presidential campaign, Richard Nixon campaigned against the Warren Court, pledging to appoint “strict constructionists” to the Supreme Court.

The demise of Roth

In Miller v. California (1973), a five-person majority agreed for the first time since Roth as to a test for determining constitutionally unprotected obscenity, superseding the Roth test. By the time Miller was considered in 1973, Brennan had abandoned the Roth test and argued that all obscenity was constitutionally protected, unless distributed to minors or unwilling third-parties.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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July 23 is the 204th day of the year (205th in leap years) in the Gregorian calendar. There are 161 days remaining until the end of the year.

THE GREAT COMET OF 1997. Above, the bright head of comet Hale-Bopp, called the coma, is pointed towards the Sun. The coma is composed of dust and gas, masking the solid nucleus of the comet made up of rock, dust and ice. Photo taken by Jim Young at NASA’s Jet Propulsion Laboratories Table Mountain Observatory in March 1997.

The comet was discovered in 1995 by two independent observers, Alan Hale and Thomas Bopp, both in the United States. Hale had spent many hundreds of hours searching for comets without success, and was tracking known comets from his driveway in New Mexico when he chanced upon Hale-Bopp just after midnight. The comet had an apparent magnitude of 10.5 and lay near the globular cluster M70 in the constellation of Sagittarius. Hale first established that there was no other deep-sky object  near M70, and then consulted a directory of known comets, finding that none were known to be in this area of the sky. Once he had established that the object was moving relative to the background stars, he emailed the Central Bureau for Astronomical Telegrams, the clearing house for astronomical discoveries.

Bopp did not own a telescope. He was out with friends near Stanfield, Arizona observing star clusters and galaxies when he chanced across the comet while at the eyepiece of his friend’s telescope. He realized he might have spotted something new when, like Hale, he checked his star maps to determine if any other deep-sky objects were known to be near M70, and found that there were none. He alerted the Central Bureau of Astronomical Telegrams through a Western Union telegram. Brian Marsden, who has run the bureau since 1968, laughed, “Nobody sends telegrams anymore. I mean, by the time that telegram got here, Alan Hale had already e-mailed us three times with updated coordinates.”

The following morning, it was confirmed that this was a new comet, and it was named Comet Hale-Bopp, with the designation C/1995 O1. The discovery was announced in International Astronomical Union circular 6187.

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July 22 is the 203rd day of the year (204th in leap years) in the Gregorian calendar. There are 162 days remaining until the end of the year.

On this day in 1933, Wiley Post becomes the first person to fly solo around the world traveling 15,596 miles in 7 days, 18 hours and 45 minutes.

Like many pilots at the time, Post disliked the fact that the speed record for flying around the world was not held by a fixed-wing aircraft, but by the Graf Zeppelin, piloted by Hugo Eckener in 1929 with a time of 21 days. On June 23, 1931, Post and his navigator, Harold Gatty, left Roosevelt Field on Long Island, New York in the Winnie Mae with a flight plan that would take them around the world, stopping at Harbour Grace, Flintshire, Hanover twice, Berlin, Moscow, Novosibirsk, Irkutsk, Blagoveshchensk, Khabarovsk, Nome where his airscrew had to be repaired, Fairbanks where the airscrew was replaced, Edmonton, and Cleveland before returning to Roosevelt Field. They arrived back on July 1, after traveling 15,474 miles in the record time of 8 days and 15 hours and 51 minutes. The reception they received rivaled Lindbergh’s everywhere they went. They had lunch at the White House on July 6, rode in a ticker-tape parade the next day in New York City, and were honored at a banquet given by the Aeronautical Chamber of Commerce of America at the Hotel Astor. After the flight, Post acquired the Winnie Mae from F.C. Hall, and he and Gatty published an account of their journey titled, Around the World in Eight Days, with an introduction by Will Rogers.

His Lockheed Vega aircraft, the Winnie Mae is on display at the National Air and Space Museum’s Steven F. Udvar-Hazy Center, and his pressure suit is being prepared for display at the same location. On August 15, 1935, Post and American  humorist Will Rogers were killed when Post’s aircraft crashed on takeoff from a lagoon near Point Barrow, in Alaska.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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July 21 is the 202nd day of the year (203rd in leap years) in the Gregorian calendar. There are 163 days remaining until the end of the year.

On this day in 1861, the first battle of Bull Run.. In the first major land battle of the Civil War, a large Union force under General Irvin McDowell is routed by a Confederate army under General Pierre G.T. Beauregard. . . .

On the morning of July 21, hearing of the proximity of the two opposing forces, hundreds of civilians–men, women, and children–turned out to watch the first major battle of the Civil War. The fighting commenced with three Union divisions crossing the Bull Run stream, and the Confederate flank was driven back to Henry House Hill. However, at this strategic location, Beauregard had fashioned a strong defensive line anchored by a brigade of Virginia infantry under General Thomas J. Jackson. Firing from a concealed slope, Jackson’s men repulsed a series of Federal charges, winning Jackson his famous nickname “Stonewall.”

Meanwhile, Confederate cavalry under J.E.B. Stuart captured the Union artillery, and Beauregard ordered a counterattack on the exposed Union right flank. The rebels came charging down the hill, yelling furiously, and McDowell’s line was broken, forcing his troops in a hasty retreat across Bull Run. The retreat soon became an unorganized flight, and supplies littered the road back to Washington. Union forces endured a loss of 3,000 men killed, wounded, or missing in action while the Confederates suffered 2,000 casualties. The scale of this bloodshed horrified not only the frightened spectators at Bull Run but also the U.S. government in Washington, which was faced with an uncertain military strategy in quelling the “Southern insurrection.”

Bull Run was the largest and bloodiest battle in American history up to that point. Union casualties were 460 killed, 1,124 wounded, and 1,312 missing or captured; Confederate casualties were 387 killed, 1,582 wounded, and 13 missing. Among the latter was Col. Francis S. Bartow, who was the first Confederate brigade commander to be killed in the Civil War. General Bee was mortally wounded and died the following day.

Union forces and civilians alike feared that Confederate forces would advance on Washington, D.C., with very little standing in their way. On July 24, Prof. Thaddeus S. C. Lowe ascended in the balloon Enterprise to observe the Confederates moving in and about Manassas Junction and Fairfax. He saw no evidence of massing Rebel forces, but was forced to land in Confederate territory. It was overnight before he was rescued and could report to headquarters. He reported that his observations “restored confidence” to the Union commanders.

The Northern public was shocked at the unexpected defeat of their army when an easy victory had been widely anticipated. Both sides quickly came to realize the war would be longer and more brutal than they had imagined. On July 22 President Lincoln signed a bill that provided for the enlistment of another 500,000 men for up to three years of service.

The reaction in the Confederacy was more muted. There was little public celebration as the Southerners realized that despite their victory, the greater battles that would inevitably come would mean greater losses for their side as well.

Beauregard was considered the hero of the battle and was promoted that day by President Davis to full general in the Confederate Army. Stonewall Jackson, arguably the most important tactical contributor to the victory, received no special recognition, but would later achieve glory for his 1862 Valley Campaign. Irvin McDowell bore the brunt of the blame for the Union defeat and was soon replaced by Maj. Gen. George B. McClellan, who was named general-in-chief of all the Union armies. McDowell was also present to bear significant blame for the defeat of Maj. Gen. John Pope’s Army of Virginia by Gen. Robert E. Lee’s Army of Northern Virginia thirteen months later, at the Second Battle of Bull Run. Patterson was also removed from command.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

July 20 is the 201st day of the year (202nd in leap years) in the Gregorian calendar. There are 164 days remaining until the end of the year.

On this day in 1881, Sitting Bull surrenders.

Five years after General George A. Custer’s infamous defeat at the Battle of Little Bighorn, Hunkpapa Teton Sioux leader Sitting Bull surrenders to the U.S. Army, which promises amnesty for him and his followers. Sitting Bull had been a major leader in the 1876 Sioux uprising that resulted in the death of Custer and 264 of his men at Little Bighorn. Pursued by the U.S. Army after the Indian victory, he escaped to Canada with his followers.

Surrender

Hunger and cold eventually forced Sitting Bull, his family, and nearly 200 other Sioux in his band to return to the United States and surrender on July 19, 1881. Sitting Bull had his young son Crow Foot surrender his rifle to the commanding officer of Fort Buford. He told the soldiers that he wished to regard them and the white race as friends. Two weeks later, Sitting Bull and his band were transferred to Fort Yates, the military post located adjacent to the Standing Rock Agency.

Arriving with 185 people, Sitting Bull and his band were kept separate from the other Hunkpapa gathered at the agency. Army officials were concerned that the famed chief would stir up trouble among the recently surrendered northern bands. On August 26, 1881, he was visited by census taker William T. Selwyn who counted twelve people in the Hunkpapa leader’s immediate family. Forty-one families, totaling 195 people, were recorded in Sitting Bull’s band. The military decided to transfer him and his band to Fort Randall, to be held as prisoners of war. Loaded onto a steamboat, Sitting Bull’s band, now totaling 172 people, were sent down the Missouri River to Fort Randall. There they spent the next 20 months. They were allowed to return to the Standing Rock Agency in May 1883.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

July 19 is the 200th day of the year (201st in leap years) in the Gregorian calendar. There are 165 days remaining until the end of the year.

On this day in 1848, a two-day Women’s Rights Convention opens in Seneca Falls, New York. There the “Bloomers” are introduced.

The Seneca Falls Convention was an early and influential women’s rights convention held in Seneca Falls, New York, July 19-20, 1848. It was organized by local New York women upon the occasion of a visit by Boston-based Lucretia Mott, a Quaker famous for her speaking ability, a skill rarely cultivated by American women at the time. The local women, primarily members of a radical Quaker group, organized the meeting along with Elizabeth Cady Stanton, a skeptical non-Quaker who followed logic more than religion.

The meeting spanned two days and six sessions, and included a lecture on law, a humorous presentation, and multiple discussions about the role of women in society. Stanton and the Quaker women presented two prepared documents, the Declaration of Sentiments and an accompanying list of resolutions, to be debated and modified before being put forward for signatures. A heated debate sprang up regarding women’s right to vote, with many including Mott urging the removal of this concept, but Frederick Douglass argued eloquently for its inclusion, and the suffrage resolution was retained. Exactly 100 of approximately 300 attendees signed the document, mostly women.

The convention was seen by some of its contemporaries, including featured speaker Mott, as but a single step in the continuing effort by women to gain for themselves a greater proportion of social, civil and moral rights, but it was viewed by others as a revolutionary beginning to the struggle by women for complete equality with men. Afterward, Stanton presented the resulting Declaration of Sentiments as a foundational document in the American woman’s suffrage movement, and she promoted the event as the first time that women and men gathered together to demand the right for women to vote. Stanton’s authoring of the History of Woman Suffrage helped to establish the Seneca Falls Convention as the moment when the push for women’s suffrage first gained national prominence. By 1851, at the second National Women’s Rights Convention in Worcester, Massachusetts, the issue of women’s right to vote had become a central tenet of the women’s rights movement.

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

Breakfast Tune: Folsom Prison Blues (Banjo), James Stiltner

Today in History

Women’s rights activists meet at Seneca Falls; The ‘don’t ask, don’t tell’ policy on gays in the U.S. military; Apollo 11 enters lunar orbit; Baseball’s Pete Rose gets jail time; Moscow Olympics begins. (July 19)

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July 18 is the 199th day of the year (200th in leap years) in the Gregorian calendar. There are 166 days remaining until the end of the year.

On this day in 1940, Franklin Delano Roosevelt, who first took office in 1933 as America’s 32nd president, is nominated for an unprecedented third term. Roosevelt, a Democrat, would eventually be elected to a record four terms in office, the only U.S. president to serve more than two terms.

Roosevelt was born January 30, 1882, in Hyde Park, New York, and went on to serve as a New York state senator from 1911 to 1913, assistant secretary of the Navy from 1913 to 1920 and governor of New York from 1929 to 1932. In 1932, he defeated incumbent Herbert Hoover to be elected president for the first time. During his first term, Roosevelt enacted his New Deal social programs, which were aimed at lifting America out of the Great Depression. In 1936, he won his second term in office by defeating Kansas governor Alf Landon in a landslide.

Election of 1940

The two-term tradition had been an unwritten rule (until the 22nd Amendment after his presidency) since George Washington declined to run for a third term in 1796, and both Ulysses S. Grant and Theodore Roosevelt were attacked for trying to obtain a third non-consecutive term. FDR systematically undercut prominent Democrats who were angling for the nomination, including two cabinet members, Secretary of State Cordell Hull and James Farley, Roosevelt’s campaign manager in 1932 and 1936, Postmaster General and Democratic Party chairman. Roosevelt moved the convention to Chicago where he had strong support from the city machine (which controlled the auditorium sound system). At the convention the opposition was poorly organized but Farley had packed the galleries. Roosevelt sent a message saying that he would not run, unless he was drafted, and that the delegates were free to vote for anyone. The delegates were stunned; then the loudspeaker screamed “We want Roosevelt… The world wants Roosevelt!” The delegates went wild and he was nominated by 946 to 147 on the first ballot. The tactic employed by Roosevelt was not entirely successful, as his goal had been to be drafted by acclamation. The new vice presidential nominee was Henry A. Wallace, a liberal intellectual who was Secretary of Agriculture.

In his campaign against Republican Wendell Willkie, Roosevelt stressed both his proven leadership experience and his intention to do everything possible to keep the United States out of war. In one of his speeches he declared to potential recruits that “you boys are not going to be sent into any foreign war.” He won the 1940 election with 55% of the popular vote and 38 of the 48 states. A shift to the left within the Administration was shown by the naming of Henry A. Wallace as Vice President in place of the conservative Texan John Nance Garner, who had become a bitter enemy of Roosevelt after 1937.

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

Breakfast Tune: Carolina Chocolate Drops “Goin Down The Road” On Canvas Preview – Oct. 24, 2013 Episode

Today in History

The Spanish Civil War begins; Sen. Ted Kennedy’s passenger dies when he drives his car off a bridge on Chappaquiddick Island; South Africa’s Nelson Mandela and musician Ricky Skaggs born.

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This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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July 17 is the 198th day of the year (199th in leap years) in the Gregorian calendar. There are 167 days remaining until the end of the year.

On this day in 1998, a diplomatic conference adopts the Rome Statute of the International Criminal Court, establishing a permanent international court to prosecute individuals for genocide, crime against humanity, war crimes, and the crime of aggression.

The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of March 2011, 114 states are party to the statute. Grenada will become the 115th state party on 1 August 2011. A further 34 states have signed but not ratified the treaty. Among other things, the statute establishes the court’s functions, jurisdiction and structure.

Under the Rome Statue, the ICC can only investigate and prosecute in situations where states are unable or unwilling to do so themselves. Thus, the majority of international crimes continue to go unpunished unless and until domestic systems can properly deal with them. Therefore, permanent solutions to impunity must be found at the domestic level.

History

Following years of negotiations aimed at establishing a permanent international tribunal to prosecute individuals accused of genocide and other serious international crimes, such as crimes against humanity, war crimes and the recently defined crimes of aggression, the United Nations General Assembly convened a five-week diplomatic conference in Rome in June 1998 “to finalize and adopt a convention on the establishment of an international criminal court”. On 17 July 1998, the Rome Statute was adopted by a vote of 120 to 7, with 21 countries abstaining.[5] The seven countries that voted against the treaty were Iraq, Israel, Libya, the People’s Republic of China, Qatar, the United States, and Yemen.

On 11 April 2002, ten countries ratified the statute at the same time at a special ceremony held at the United Nations headquarters in New York City, bringing the total number of signatories to sixty, which was the minimum number required to bring the statue into force, as defined in Article 126. The treaty entered into force on 1 July 2002; the ICC can only prosecute crimes committed on or after that date. The statute was modified in 2010 after the Review Conference in Kampala, Uganda, but the amendments to the statute that were adopted at that time are not effective yet.

The Rome Statute is the result of multiple attempts for the creation of a supranational and international tribunal. At the end of 19th century, the international community took the first steps towards the institution of permanent courts with supranational jurisdiction. With the Hague International Peace Conferences, representatives of the most powerful nations made an attempt to harmonize laws of war and to limit the use of technologically advanced weapons. After World War I and even more after the heinous crimes committed during World War II, it became a priority to prosecute individuals responsible for crimes so serious that needed to be called “against humanity”. In order to re-affirm basic principles of democratic civilisation, the alleged criminals were not executed in public squares or sent to torture camps, but instead treated as criminals: with a regular trial, the right to defense and the presumption of innocence. The Nuremberg trials marked a crucial moment in legal history, and after that, some treaties that led to the drafting of the Rome Statute were signed.

UN General Assembly Resolution n. 260 9 December 1948, the Convention on the Prevention and Punishment of the Crime of Genocide, was the first step towards the establishment of an international permanent criminal tribunal with jurisdiction on crimes yet to be defined in international treaties. In the resolution there was a hope for an effort from the Legal UN commission in that direction. The General Assembly, after the considerations expressed from the commission, established a committee to draft a statute and study the related legal issues. In 1951 a first draft was presented; a second followed in 195] but there were a number of delays, officially due to the difficulties in the definition of the crime of aggression, that were only solved with diplomatic assemblies in the years following the statute’s coming into force. The geopolitical tensions of the Cold War also contributed to the delays.

Trinidad and Tobago asked the General Assembly in December 1989 to re-open the talks for the establishment of an international criminal court and in 1994 presented a draft Statute. The General Assembly created an ad hoc committee for the International Criminal Court and, after hearing the conclusions, a Preparatory Committee that worked for two years (1996-1998) on the draft. Meanwhile, the United Nations created the ad hoc tribunals for the former Yugoslavia (ICTY) and for Rwanda (ICTR) using statutes-and amendments due to issues raised during pre-trial or trial stages of the proceedings-that are quite similar to the Rome Statute.

During its 52nd session the UN General Assembly decided to convene a diplomatic conference for the establishment of the International Criminal Court, held in Rome 15 June-17 July 1998 to define the treaty, entered into force on 1 July 2002.