Hello, my name is
Jonathan Kwik,
LL.B., LL.M.
- alamat : Achtergracht 166 baru
- PO Box 15557 1001 NB Amsterdam
- email : hcjkwik@uva.nl
News
Profile
Jonathan Kwik adalah seorang peneliti di T.M.C. Asser Instituut yang terkait dengan proyek ELSA Lab. Spesialisasinya adalah dalam hukum yang mengatur perilaku dalam konflik bersenjata dan kecerdasan buatan (AI). Ia menyelesaikan disertasi doktoralnya di Fakultas Hukum Universitas Amsterdam di bawah bimbingan Prof. Tom van Engers, Terry Gill, dan Harmen van der Wilt tentang penggunaan sah sistem senjata yang tertanam AI di tingkat operasional. Jonathan memegang gelar Master of Laws (dengan pujian) dari Universitas Groningen dalam hukum pidana internasional dan kriminologi, serta gelar Bachelor of Laws dari Universitas Groningen dalam hukum internasional.
APJIhl board of expert
Kandidat doktor di Fakultas Hukum Universitas Amsterdam dan peneliti madya di T.M.C. Asser Institute di Den Haag. Spesialisasinya adalah hukum yang mengatur perilaku permusuhan dan kecerdasan buatan. Lulus dengan predikat cum laude dari University of Groningen, dan mengajar hukum humaniter internasional dan hukum internasional publik di Universitas Katolik Soegijapranata di Semarang, Indonesia. Jonathan Kwik telah bekerja sama dengan ICRC dalam berbagai kesempatan sebagai mitra akademis, dan banyak menerbitkan karya tulis di bidang hukum humaniter internasional, hukum penargetan, pemodelan Al, tanggung jawab pidana (internasional), dan rekonsiliasi pascakonflik.
Wine Class
Wine merupakan minuman beralkohol yang unik sekaligus kompleks. Meski dibuat oleh produsen yang sama dengan jenis anggur serupa, perbedaan tahun panen bisa mengubah citarasa dan harganya.
Wine tak sekedar minuman untuk mengiringi santapan lezat tetapi juga menjadi bagian dari pergaulan sosial.
Wine itu berbeda dengan minuman beralkohol lain. Selain kadar alkoholnya yang relatif tak terlalu tinggi, wine juga paling alami.
Whiskey, misalnya, meski berasal dari tanaman padi-padian seperti barley, memerlukan proses penyulingan. Liqueur seperti Kahlua dan Bailey’s apalagi. Di dalamnya ditambahkan perasa, pewarna, dan gula.
Berbeda dengan wine, yang bisa berfermentasi tanpa gula, asam, enzim, air, maupun zat lain. Pasalnya, buah anggur sendiri, terutama varietas Vitis vinifera, sudah memiliki keseimbangan kimiawi alami. Winepun memiliki karakteristik yang sangat beragam.
Mengingat beberapa tahun belakangan ini perkembangan wine sangat baik di Indonesia. Kini, hampir di setiap hotel berbintang dan resto menawarkan koleksi wine dari berbagai negera dengan harga yang beragam.
Menarik bukan, mau tahu lebih tentang wine ? JOIN @astatrainingcenter, pendidikan hanya satu tahun dan kalian juga akan mendapatkan ilmu tentang Wine 🍷
Scientific Work
2023
Jonathan Kwik; Tom van Engers
Performance or Explainability? A Law of Armed Conflict Perspective Journal Article
In: Artificial Intelligence and Normative Challenges, pp. 255–279, 2023.
@article{nokey,
title = {Performance or Explainability? A Law of Armed Conflict Perspective},
author = {Jonathan Kwik and Tom van Engers },
editor = { Angelos Kornilakis and Georgios Nouskalis and Vassilis Pergantis and Themistoklis Tzimas},
year = {2023},
date = {2023-11-21},
journal = {Artificial Intelligence and Normative Challenges},
pages = {255–279},
publisher = {Springer},
edition = {International and Comparative Legal Perspectives},
series = {Law, Governance and Technology Series (LGTS, volume 59)},
abstract = {Machine learning techniques lie at the centre of many recent advancements in artificial intelligence (AI), including in weapon systems. While powerful, these techniques utilise opaque models whose internal workings are generally quite difficult to explain, which necessitated the development of explainable AI (XAI). In the military domain, both performance and explainability are important and legally required by international humanitarian law (IHL). In practice, however, these two desiderata are in conflict, as improving explainability may involve paying an opportunity cost in performance and vice versa. It is unclear how IHL requires States to address this dilemma. In this article, we attempt to operationalise normative IHL requirements in terms of P (performance) and X (explainability) to derive qualitative guidelines for decision-makers on this issue. We first explain the explainability-performance trade-off, what causes it, and what its consequences are. Then, we explore relevant IHL principles that include P and X as requirements, and develop four tenets derived from these principles. We demonstrate how IHL prescribes minimum values for both P and X, but that once these values are achieved, P should be prioritised over X. We conclude by formulating a general guideline and provide an example of how this would impact model choice.},
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Machine learning techniques lie at the centre of many recent advancements in artificial intelligence (AI), including in weapon systems. While powerful, these techniques utilise opaque models whose internal workings are generally quite difficult to explain, which necessitated the development of explainable AI (XAI). In the military domain, both performance and explainability are important and legally required by international humanitarian law (IHL). In practice, however, these two desiderata are in conflict, as improving explainability may involve paying an opportunity cost in performance and vice versa. It is unclear how IHL requires States to address this dilemma. In this article, we attempt to operationalise normative IHL requirements in terms of P (performance) and X (explainability) to derive qualitative guidelines for decision-makers on this issue. We first explain the explainability-performance trade-off, what causes it, and what its consequences are. Then, we explore relevant IHL principles that include P and X as requirements, and develop four tenets derived from these principles. We demonstrate how IHL prescribes minimum values for both P and X, but that once these values are achieved, P should be prioritised over X. We conclude by formulating a general guideline and provide an example of how this would impact model choice.
Tomasz Zurek; Jonathan Kwik; Tom van Engers
Model of a military autonomous device following International Humanitarian Law Journal Article
In: Ethics and Information Technology, vol. 25, 2023.
@article{nokey,
title = {Model of a military autonomous device following International Humanitarian Law},
author = {Tomasz Zurek and Jonathan Kwik and Tom van Engers },
url = {https://link.springer.com/article/10.1007/s10676-023-09682-1},
doi = {10.1007/s10676-023-09682-1},
year = {2023},
date = {2023-02-15},
urldate = {2023-02-15},
journal = {Ethics and Information Technology},
volume = {25},
abstract = {In this paper we introduce a computational control framework that can keep AI-driven military autonomous devices operating within the boundaries set by applicable rules of International Humanitarian Law (IHL) related to targeting. We discuss the necessary legal tests and variables, and introduce the structure of a hypothetical IHL-compliant targeting system.},
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In this paper we introduce a computational control framework that can keep AI-driven military autonomous devices operating within the boundaries set by applicable rules of International Humanitarian Law (IHL) related to targeting. We discuss the necessary legal tests and variables, and introduce the structure of a hypothetical IHL-compliant targeting system.
Alice Giannini; Jonathan Kwik
Negligence Failures and Negligence Fixes. A Comparative Analysis of Criminal Regulation of AI and Autonomous Vehicles Journal Article
In: Criminal Law Forum, vol. 34, pp. 43–85, 2023.
@article{nokey,
title = {Negligence Failures and Negligence Fixes. A Comparative Analysis of Criminal Regulation of AI and Autonomous Vehicles},
author = {Alice Giannini and Jonathan Kwik },
url = {https://link.springer.com/article/10.1007/s10609-023-09451-1},
doi = {10.1007/s10609-023-09451-1},
year = {2023},
date = {2023-01-12},
journal = {Criminal Law Forum},
volume = {34},
pages = {43–85},
abstract = {Automated vehicles (“AV”) can greatly improve road safety and societal welfare, but legal systems have struggled with the prospect of whom to hold criminally liable for resulting harm, and how. This difficulty is derived from the characteristics of modern artificial intelligence (“AI”) used in AV technology. Singapore, France and the UK have pioneered legal models tailored to address criminal liability for AI misbehaviour. In this article, we analyse the three models comparatively both to determine their individual merits and to draw lessons from to inform future legislative efforts. We first examine the roots of the problem by analysing the characteristics of modern AI vis-à-vis basic legal foundations underlying criminal liability. We identify several problems, such as the epistemic problem, a lack of control, the issue of generic risk, and the problem of many hands, which discommode the building blocks of criminal negligence such as awareness, foreseeability and risk taking – a condition we refer to as negligence failures. Subsequently, we analyse the three models on their ability to address these issues. We find diverging philosophies as to where to place the central weight of criminal liability, but nevertheless identify common themes such as drawing bright-lines between liability and immunity, and the introduction of novel vocabulary necessary to navigate the new legal landscape sculpted by AI. We end with specific recommendations for future legislation, such as the importance of implementing an AI training and licensing regime for users, and that transition demands must be empirically tested to allow de facto control.},
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Automated vehicles (“AV”) can greatly improve road safety and societal welfare, but legal systems have struggled with the prospect of whom to hold criminally liable for resulting harm, and how. This difficulty is derived from the characteristics of modern artificial intelligence (“AI”) used in AV technology. Singapore, France and the UK have pioneered legal models tailored to address criminal liability for AI misbehaviour. In this article, we analyse the three models comparatively both to determine their individual merits and to draw lessons from to inform future legislative efforts. We first examine the roots of the problem by analysing the characteristics of modern AI vis-à-vis basic legal foundations underlying criminal liability. We identify several problems, such as the epistemic problem, a lack of control, the issue of generic risk, and the problem of many hands, which discommode the building blocks of criminal negligence such as awareness, foreseeability and risk taking – a condition we refer to as negligence failures. Subsequently, we analyse the three models on their ability to address these issues. We find diverging philosophies as to where to place the central weight of criminal liability, but nevertheless identify common themes such as drawing bright-lines between liability and immunity, and the introduction of novel vocabulary necessary to navigate the new legal landscape sculpted by AI. We end with specific recommendations for future legislation, such as the importance of implementing an AI training and licensing regime for users, and that transition demands must be empirically tested to allow de facto control.
2022
Jonathan Kwik
Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups Journal Article
In: MDPI, vol. 12, iss. 1, 2022.
@article{nokey,
title = {Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups},
author = {Jonathan Kwik},
url = {https://www.mdpi.com/2075-471X/12/1/5/html#},
doi = {https://doi.org/10.3390/laws12010005},
year = {2022},
date = {2022-12-30},
journal = {MDPI},
volume = {12},
issue = {1},
abstract = {The intersection between autonomous weapon systems (‘AWS’) and non-State armed groups (‘NSAG’) is an underexplored aspect of the AWS debate. This article explores the main ways future policymakers can reduce the risk of NSAGs committing violations of the laws of armed conflict (‘LOAC’) using AWS once the technology becomes more prolific and easily distributable. It does this by sketching a chronological picture of an NSAG’s weapons obtention process, looking first at its likely suppliers and transport routes (acquisition), and, subsequently, at factors which can increase the risk of LOAC violations once the system is in their possession (use). With regard to use, we find that the lack of explicit legal obligations in LOAC to (a) review weapons meant solely for transfer and (b) provide technical training to recipients of transfer constitute serious reasons why LOAC violations may be aggravated with the introduction of AWS to insurgent groups. We also find, however, that States are uniquely and powerfully placed to address both acquisition and use factors, and outline how they can be persuaded into implementing the risk-reducing measures recommended in this article for purely strategic reasons, i.e., even if they express no interest in improving LOAC compliance per se.},
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The intersection between autonomous weapon systems (‘AWS’) and non-State armed groups (‘NSAG’) is an underexplored aspect of the AWS debate. This article explores the main ways future policymakers can reduce the risk of NSAGs committing violations of the laws of armed conflict (‘LOAC’) using AWS once the technology becomes more prolific and easily distributable. It does this by sketching a chronological picture of an NSAG’s weapons obtention process, looking first at its likely suppliers and transport routes (acquisition), and, subsequently, at factors which can increase the risk of LOAC violations once the system is in their possession (use). With regard to use, we find that the lack of explicit legal obligations in LOAC to (a) review weapons meant solely for transfer and (b) provide technical training to recipients of transfer constitute serious reasons why LOAC violations may be aggravated with the introduction of AWS to insurgent groups. We also find, however, that States are uniquely and powerfully placed to address both acquisition and use factors, and outline how they can be persuaded into implementing the risk-reducing measures recommended in this article for purely strategic reasons, i.e., even if they express no interest in improving LOAC compliance per se.
Tomasz Zurek; Mostafa Mohajeriparizi; Jonathan Kwik; Tom van Engers
Can a Military Autonomous Device Follow International Humanitarian Law? Journal Article
In: Frontiers in Artificial Intelligence and Applications, vol. 362, pp. 273 - 278, 2022.
@article{nokey,
title = {Can a Military Autonomous Device Follow International Humanitarian Law?},
author = {Tomasz Zurek and Mostafa Mohajeriparizi and Jonathan Kwik and Tom van Engers},
url = {https://ebooks.iospress.nl/doi/10.3233/FAIA220479},
doi = {10.3233/FAIA220479},
year = {2022},
date = {2022-12-14},
urldate = {2022-12-14},
journal = { Frontiers in Artificial Intelligence and Applications},
volume = {362},
pages = {273 - 278},
abstract = {The paper presents a formal model and an experimental verification of the system controlling the International Humanitarian Law compliance for the autonomous military device.},
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The paper presents a formal model and an experimental verification of the system controlling the International Humanitarian Law compliance for the autonomous military device.
Jonathan Kwik
A Practicable Operationalisation of Meaningful Human Control Journal Article
In: MDPI, vol. 11, iss. 3, no. 43, pp. 1-21, 2022.
@article{nokey,
title = {A Practicable Operationalisation of Meaningful Human Control},
author = {Jonathan Kwik},
editor = {Patricia Easteal},
url = {https://www.mdpi.com/2075-471X/11/3/43},
doi = {https://doi.org/10.3390/laws11030043},
year = {2022},
date = {2022-05-16},
urldate = {2022-05-16},
journal = {MDPI},
volume = {11},
number = {43},
issue = {3},
pages = {1-21},
abstract = {Meaningful Human Control (MHC) has been a consistent key term in legal debates concerning autonomous weapon systems (AWS), but its usefulness as a policy or lawmaking tool is limited due to a lack of clarity on what the concept encompasses. This study engaged in a thorough literature study of official statements, policy papers and academic papers published between 2013–2021 to determine features common to these proposals and synthesise a workable framework of MHC. The framework identifies five core elements—awareness, weaponeering, context control, prediction and accountability—and many interlocking mechanisms which link these elements together in a causal and chronological manner corresponding to the military targeting process. Subsequently, a detailed commentary and discussion is provided on the individual differences between sources, how specific elements can be implemented in practice by military commanders, and particularly controversial points are highlighted which require specific consideration by commentators and policymakers. The framework identifies concrete and practicable ways commanders can exercise control over AWS and serves as a solid foundation for further legal analysis of commanders’ duties when employing AWS, for future policy discussions, and as a problem-solving tool to resolve important legal questions such as the ubiquitous ‘accountability gap’ conundrum. },
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Meaningful Human Control (MHC) has been a consistent key term in legal debates concerning autonomous weapon systems (AWS), but its usefulness as a policy or lawmaking tool is limited due to a lack of clarity on what the concept encompasses. This study engaged in a thorough literature study of official statements, policy papers and academic papers published between 2013–2021 to determine features common to these proposals and synthesise a workable framework of MHC. The framework identifies five core elements—awareness, weaponeering, context control, prediction and accountability—and many interlocking mechanisms which link these elements together in a causal and chronological manner corresponding to the military targeting process. Subsequently, a detailed commentary and discussion is provided on the individual differences between sources, how specific elements can be implemented in practice by military commanders, and particularly controversial points are highlighted which require specific consideration by commentators and policymakers. The framework identifies concrete and practicable ways commanders can exercise control over AWS and serves as a solid foundation for further legal analysis of commanders’ duties when employing AWS, for future policy discussions, and as a problem-solving tool to resolve important legal questions such as the ubiquitous ‘accountability gap’ conundrum.
Jonathan Kwik; Tomasz Zurek; Tom van Engers
Designing International Humanitarian Law into Military Autonomous Devices Journal Article
In: ASSER research paper 2022-06, 2022.
@article{nokey,
title = {Designing International Humanitarian Law into Military Autonomous Devices},
author = {Jonathan Kwik and Tomasz Zurek and Tom van Engers},
url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4109286},
year = {2022},
date = {2022-05-13},
journal = {ASSER research paper 2022-06},
abstract = {This position paper presents a discussion on the problem of implementing the rules of International Humanitarian Law in AI-driven military autonomous devices. We introduce a structure of a hybrid data- and knowledge-driven computational framework of a hypothetical targeting system built from the ground up with IHL compliance in mind. We provide a model and a discussion of necessary legal tests and variables. },
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This position paper presents a discussion on the problem of implementing the rules of International Humanitarian Law in AI-driven military autonomous devices. We introduce a structure of a hybrid data- and knowledge-driven computational framework of a hypothetical targeting system built from the ground up with IHL compliance in mind. We provide a model and a discussion of necessary legal tests and variables.
2021
Jonathan Kwik; Tom Van Engers
Algorithmic fog of war: When lack of transparency violates the law of armed conflict Journal Article
In: Faculty of Law, University of Amsterdam, Amsterdam 1001NA, Netherlands, vol. 2, no. 1-2, pp. 43-66, 2021.
@article{nokey,
title = {Algorithmic fog of war: When lack of transparency violates the law of armed conflict},
author = {Jonathan Kwik and Tom Van Engers},
url = {https://content.iospress.com/articles/journal-of-future-robot-life/frl200019},
doi = {10.3233/FRL-200019},
year = {2021},
date = {2021-12-07},
journal = {Faculty of Law, University of Amsterdam, Amsterdam 1001NA, Netherlands},
volume = {2},
number = {1-2},
pages = {43-66},
abstract = {Under international law, weapon capabilities and their use are regulated by legal requirements set by International Humanitarian Law (IHL). Currently, there are strong military incentives to equip capabilities with increasingly advanced artificial intelligence (AI), which include opaque (less transparent) models. As opaque models sacrifice transparency for performance, it is necessary to examine whether their use remains in conformity with IHL obligations. First, we demonstrate that the incentives for automation drive AI toward complex task areas and dynamic and unstructured environments, which in turn necessitates resort to more opaque solutions. We subsequently discuss the ramifications of opaque models for foreseeability and explainability. Then, we analyse their impact on IHL requirements from a development, pre-deployment and post-deployment perspective. We find that while IHL does not regulate opaque AI directly, the lack of foreseeability and explainability frustrates the fulfilment of key IHL requirements to the extent that the use of fully opaque AI could violate international law. States are urged to implement interpretability during development and seriously consider the challenging complication of determining the appropriate balance between transparency and performance in their capabilities.},
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Under international law, weapon capabilities and their use are regulated by legal requirements set by International Humanitarian Law (IHL). Currently, there are strong military incentives to equip capabilities with increasingly advanced artificial intelligence (AI), which include opaque (less transparent) models. As opaque models sacrifice transparency for performance, it is necessary to examine whether their use remains in conformity with IHL obligations. First, we demonstrate that the incentives for automation drive AI toward complex task areas and dynamic and unstructured environments, which in turn necessitates resort to more opaque solutions. We subsequently discuss the ramifications of opaque models for foreseeability and explainability. Then, we analyse their impact on IHL requirements from a development, pre-deployment and post-deployment perspective. We find that while IHL does not regulate opaque AI directly, the lack of foreseeability and explainability frustrates the fulfilment of key IHL requirements to the extent that the use of fully opaque AI could violate international law. States are urged to implement interpretability during development and seriously consider the challenging complication of determining the appropriate balance between transparency and performance in their capabilities.
2020
Yustina Trihoni Nalesti Dewi; Jonathan Kwik; Yulita Titik Sunarimahingsih; Bernadeta Tyas Susanti
Preservation As Reconciliation: The Value Of Raising Awareness On Cultural Property In Post-conflict Ambon Journal Article
In: INTERNATIONAL JOURNAL OF CONSERVATION SCIENCE, vol. 11, no. 4, pp. 1127-1134, 2020, ISSN: 2067-533X.
@article{4,
title = {Preservation As Reconciliation: The Value Of Raising Awareness On Cultural Property In Post-conflict Ambon},
author = {Yustina Trihoni Nalesti Dewi and Jonathan Kwik and Yulita Titik Sunarimahingsih and Bernadeta Tyas Susanti},
url = {http://ijcs.ro/volume-11-2020/#Issue4
http://ijcs.ro/public/IJCS-20-85_Dewi.pdf},
issn = {2067-533X},
year = {2020},
date = {2020-12-15},
journal = {INTERNATIONAL JOURNAL OF CONSERVATION SCIENCE},
volume = {11},
number = {4},
pages = {1127-1134},
abstract = {A significant portion of cultural symbols in Ambon, Indonesia were destroyed during the 1999-2004 religious conflict. This widespread devastation of religious and cultural objects was an attack against Ambonese group identities, the ramifications of which persist today, complicating reconciliatory efforts. This paper aims to raise awareness on the importance of the conservation of cultural objects in Ambon as one way to promote sustainable peace in the region, and draws attention to customary socio-political entities (negeri) as important actors to be considered in the discussion. Data was obtained through studies of literature and documentation, interviews, and focus group discussions. It was found that to their recent rise in prominence in Ambonese governance, negeri are expected to be able to significantly contribute in this effort through the social engagement of its members. Raising awareness should include cross-religious (Muslim/Christian) education, which will indirectly aid in the reconciliation effort by building mutual trust and recognition between cultural identities.},
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A significant portion of cultural symbols in Ambon, Indonesia were destroyed during the 1999-2004 religious conflict. This widespread devastation of religious and cultural objects was an attack against Ambonese group identities, the ramifications of which persist today, complicating reconciliatory efforts. This paper aims to raise awareness on the importance of the conservation of cultural objects in Ambon as one way to promote sustainable peace in the region, and draws attention to customary socio-political entities (negeri) as important actors to be considered in the discussion. Data was obtained through studies of literature and documentation, interviews, and focus group discussions. It was found that to their recent rise in prominence in Ambonese governance, negeri are expected to be able to significantly contribute in this effort through the social engagement of its members. Raising awareness should include cross-religious (Muslim/Christian) education, which will indirectly aid in the reconciliation effort by building mutual trust and recognition between cultural identities.
Jonathan Kwik
The Road to Ongwen: Consolidating Contradictory Child Soldiering Narratives in International Criminal Law Journal Article
In: Asia Pacific Journal of International Humanitarian Law, vol. 1, no. 1, pp. 135, 2020, ISSN: 2719-1141.
@article{5,
title = {The Road to Ongwen: Consolidating Contradictory Child Soldiering Narratives in International Criminal Law},
author = {Jonathan Kwik},
url = {http://apjihl.org/index.php/apjihl/issue/view/1/1},
issn = {2719-1141},
year = {2020},
date = {2020-11-01},
journal = {Asia Pacific Journal of International Humanitarian Law},
volume = {1},
number = {1},
pages = {135},
abstract = {The trial of Dominic Ongwen, an ex-child soldier turned perpetrator, has attracted debate concerning the position of international criminal law (ICL) on perpetrators of war crimes with a complex background of childhood victimization. From some perspectives, such persons are accountable adults responsible for unspeakable crimes, while from others, the lack of regard for their oppressive and corrupting upbringing in a violent armed group does a disservice to their victim status. This article explores the development of the narrative in ICL on three key subjects related to the Ongwen discussion: (1) the traditional prosecutorial focus on adults vis-à-vis children; (2) to what extent children’s agency is recognized; and (3) the long-term effects of child soldiering. Several potential inconsistencies are identified with respect to each subject. While it is found that most inconsistencies have formed as a result of positive intentions, they could nevertheless negatively impact future ex-child soldier perpetrator cases if left unaddressed. The article subsequently discusses the ramifications of each diverging narrative and whether they can be consolidated. It is demonstrated how mostcontradictions are theoretically reconcilable but that ICL must make deliberate efforts to do so, in order to guarantee the adoption of a consistent and congruent narrative moving forward.},
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The trial of Dominic Ongwen, an ex-child soldier turned perpetrator, has attracted debate concerning the position of international criminal law (ICL) on perpetrators of war crimes with a complex background of childhood victimization. From some perspectives, such persons are accountable adults responsible for unspeakable crimes, while from others, the lack of regard for their oppressive and corrupting upbringing in a violent armed group does a disservice to their victim status. This article explores the development of the narrative in ICL on three key subjects related to the Ongwen discussion: (1) the traditional prosecutorial focus on adults vis-à-vis children; (2) to what extent children’s agency is recognized; and (3) the long-term effects of child soldiering. Several potential inconsistencies are identified with respect to each subject. While it is found that most inconsistencies have formed as a result of positive intentions, they could nevertheless negatively impact future ex-child soldier perpetrator cases if left unaddressed. The article subsequently discusses the ramifications of each diverging narrative and whether they can be consolidated. It is demonstrated how mostcontradictions are theoretically reconcilable but that ICL must make deliberate efforts to do so, in order to guarantee the adoption of a consistent and congruent narrative moving forward.
Eddy Pratomo; Jonathan Kwik
Good agreements make good neighbours: Settlements on maritime boundary disputes in South East Asia Journal Article
In: Marine Policy, vol. 117, no. 103943, pp. 1-8, 2020.
@article{3,
title = {Good agreements make good neighbours: Settlements on maritime boundary disputes in South East Asia},
author = {Eddy Pratomo and Jonathan Kwik},
url = {https://www.sciencedirect.com/science/article/abs/pii/S0308597X19308929},
doi = {https://doi.org/10.1016/j.marpol.2020.103943},
year = {2020},
date = {2020-04-01},
journal = {Marine Policy},
volume = {117},
number = {103943},
pages = {1-8},
abstract = {Control over marine areas is instrumental for a country's economy, resources, and security. This vested interest of States in surrounding oceans leads to maritime boundary disputes, which are common in South East Asia. Maritime boundary disputes can be resolved through many methods, and it is often difficult for individual States to determine which option to pursue. Indonesia, as the largest archipelagic State in the world, has an extensive history dealing with maritime boundary disputes. This article examines landmark cases with which Indonesia was involved to examine the effectivity of various dispute settlement methods, both casuistically and from a broader policy perspective. Firstly, a theoretical study is presented of the different forms of dispute resolution available for maritime boundary issues, including their advantages and disadvantages. Then, specific cases are discussed: The South China Sea dispute, the development of the archipelagic principle in UNCLOS, and several experiences of disputes concerning Indonesia's maritime perimeter. Ultimately, the authors recommend exhausting all possibilities for negotiated settlements before considering other avenues such to arbitration, litigation, avoidance, and temporary alternatives. Negotiated settlements offer both short-term advantages (increased utility for both parties, mutual acceptability, flexibility, amicableness) as well as long-term gains (higher implementability, positive precedents for future ventures). Some weaknesses were also determined, namely time-intensiveness and the necessity to grant concessions. In general, States are encouraged to pursue negotiated settlements based on mutual interests, as these tend to endure. Specifically, Indonesia and geographically similar States should continue pursuing diplomatic solutions for unresolved segments, reinforcing its existing rights, and preventing misinformation spread to the public.},
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Control over marine areas is instrumental for a country's economy, resources, and security. This vested interest of States in surrounding oceans leads to maritime boundary disputes, which are common in South East Asia. Maritime boundary disputes can be resolved through many methods, and it is often difficult for individual States to determine which option to pursue. Indonesia, as the largest archipelagic State in the world, has an extensive history dealing with maritime boundary disputes. This article examines landmark cases with which Indonesia was involved to examine the effectivity of various dispute settlement methods, both casuistically and from a broader policy perspective. Firstly, a theoretical study is presented of the different forms of dispute resolution available for maritime boundary issues, including their advantages and disadvantages. Then, specific cases are discussed: The South China Sea dispute, the development of the archipelagic principle in UNCLOS, and several experiences of disputes concerning Indonesia's maritime perimeter. Ultimately, the authors recommend exhausting all possibilities for negotiated settlements before considering other avenues such to arbitration, litigation, avoidance, and temporary alternatives. Negotiated settlements offer both short-term advantages (increased utility for both parties, mutual acceptability, flexibility, amicableness) as well as long-term gains (higher implementability, positive precedents for future ventures). Some weaknesses were also determined, namely time-intensiveness and the necessity to grant concessions. In general, States are encouraged to pursue negotiated settlements based on mutual interests, as these tend to endure. Specifically, Indonesia and geographically similar States should continue pursuing diplomatic solutions for unresolved segments, reinforcing its existing rights, and preventing misinformation spread to the public.
2019
Yustina Trihoni Nalesti Dewi; Jonathan Kwik
The Baku Bae Movement : A Ward against Prolonged Religious Violence in Post-Conflict Ambon Journal Article
In: Journal of law, religion and state, vol. 7, no. 3, pp. 243-279, 2019, ISSN: 2212-4810.
@article{1,
title = {The Baku Bae Movement : A Ward against Prolonged Religious Violence in Post-Conflict Ambon},
author = {Yustina Trihoni Nalesti Dewi and Jonathan Kwik},
url = {https://brill.com/view/journals/jlrs/7/3/article-p243_243.xml},
doi = {10.1163/22124810-00703001},
issn = {2212-4810},
year = {2019},
date = {2019-12-13},
journal = {Journal of law, religion and state},
volume = {7},
number = {3},
pages = {243-279},
abstract = {Ethnic and religious plurality is inextricably linked with Ambonese history. The conflict of 1999–2003 disrupted this stability and caused great damage, segregation, and radicalization. Reestablishing peace proved difficult because of complex social, economic, political, and religious factors, and parties struggled to address deep-rooted issues such as intergroup distrust and hatred. The Baku Bae Peace Movement (gbb) was an informal movement with humble beginnings, which quickly developed into a community effort and reignited intergroup fraternity by deploying a series of effective strategies. This article examines the gbb, its key strengths and weaknesses, and the contextual factors that led to its success. The success of the gbb may be attributed to inclusive grassroots participation and the invocation of shared moral values. This article concludes that although the gbb is difficult to replicate elsewhere, its core values can be implemented in other conflict regions to minimize or resolve religious violence, polarization, and fundamentalism.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
Ethnic and religious plurality is inextricably linked with Ambonese history. The conflict of 1999–2003 disrupted this stability and caused great damage, segregation, and radicalization. Reestablishing peace proved difficult because of complex social, economic, political, and religious factors, and parties struggled to address deep-rooted issues such as intergroup distrust and hatred. The Baku Bae Peace Movement (gbb) was an informal movement with humble beginnings, which quickly developed into a community effort and reignited intergroup fraternity by deploying a series of effective strategies. This article examines the gbb, its key strengths and weaknesses, and the contextual factors that led to its success. The success of the gbb may be attributed to inclusive grassroots participation and the invocation of shared moral values. This article concludes that although the gbb is difficult to replicate elsewhere, its core values can be implemented in other conflict regions to minimize or resolve religious violence, polarization, and fundamentalism.
2017
Trihoni Nalesti Dewi; Jonathan Kwik; Aholiab Watloly
The Strategic Role of Lembaga Adat Negeri in the Fulfilment of Victims’ Rights to Reparation in Post-Conflict Ambon Journal Article
In: Udayana Journal of Law and Culture, vol. 1, no. 2, pp. 157-180, 2017, ISSN: 2549-0680.
@article{2,
title = {The Strategic Role of Lembaga Adat Negeri in the Fulfilment of Victims’ Rights to Reparation in Post-Conflict Ambon},
author = {Trihoni Nalesti Dewi and Jonathan Kwik and Aholiab Watloly},
url = {https://ojs.unud.ac.id/index.php/UJLC/article/view/32180},
doi = {https://doi.org/10.24843/UJLC.2017.v01.i02.p05},
issn = {2549-0680},
year = {2017},
date = {2017-07-31},
journal = {Udayana Journal of Law and Culture},
volume = {1},
number = {2},
pages = {157-180},
abstract = {This article demonstrates the strategic position of Lembaga Adat Negeri in the fulfilment of the long-neglected right to reparation of victims in post-conflict Ambon. Lembaga Adat Negeri were chosen as the object of analysis due to their close cultural affiliation with the Ambonese society. Due to the important role that Lembaga Adat Negeri play in local Ambonese governance, it is argued that they can assist in absorbing local aspirations and aid the reparation process. The recent enactment of Law No. 6 of 2014 concerning Desa provides Lembaga Adat Negeri with ever greater momentum to spearhead reconciliation based on Ambonese traditional values and contribute to the peaceful transition of the divided people, in particular by way of fulfilling the right to reparation of victims.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
This article demonstrates the strategic position of Lembaga Adat Negeri in the fulfilment of the long-neglected right to reparation of victims in post-conflict Ambon. Lembaga Adat Negeri were chosen as the object of analysis due to their close cultural affiliation with the Ambonese society. Due to the important role that Lembaga Adat Negeri play in local Ambonese governance, it is argued that they can assist in absorbing local aspirations and aid the reparation process. The recent enactment of Law No. 6 of 2014 concerning Desa provides Lembaga Adat Negeri with ever greater momentum to spearhead reconciliation based on Ambonese traditional values and contribute to the peaceful transition of the divided people, in particular by way of fulfilling the right to reparation of victims.
Moot Competition
The Speaker
- Judge for IHL Moot Court Competition Asia-Pacific Round 2019 (Hongkong)
- Judge for IHL Moot Court Competition Indonesian National Round 2020
International Humanitarian Law Study Group 2021
- Judge for IHLMCCC Asia-Pacific Rounds 2017 (Hong Kong)
Mooting Class International Humanitarian Law Speakers
Designing International Law and Ethics into Military Artificial Intelligence Institut Asser, Belanda
Certificate
As Judge of the 15th Indonesian National Round of International Humanitarian Law Moot Court Competition 2020
