FHESS COMMUNICATION XVI — CARE ACCOUNTABILITY AND THE SEQUENTIAL SYNERGY OF INDEPENDENT INSTITUTIONAL CAPACITIES

FHESS Communication XVI develops a configurational reading of represented civilian damage, public responsibility grammar, ICC institutional capacity, and the sequential synergy of independently competent institutional positions. The communication takes as its empirical finding field the shelling of the Abuelaish family home in Gaza on 16 January 2009, in which Bessan, Mayar and Aya Abuelaish and their cousin Noor were killed and other family members were injured. Publicly available material concerning the incident is preserved together with differing accounts relevant to its factual and legal readability. The communication examines Professor Izzeldin Abuelaish’s publicly expressed responsibility grammar, including his recurring appeal that each person contribute according to their circumstances and abilities. CARE ACCOUNTABILITY is introduced as an FHESS research reading of this publicly observable responsibility grammar. Professor Abuelaish retains full authorship of his own position. The study reconstructs the Palestinian Article 12(3) declaration of 2009, the ICC Office of the Prosecutor’s 2012 jurisdictional differentiation, the later temporal opening from 13 June 2014, and subsequent ICC proceedings in the Situation in the State of Palestine. These later institutional developments provide an empirical control field through which the precise position of the earlier jurisdictional interruption becomes readable. A central distinction is developed between CRIMINAL RESPONSIBILITY NOT REACHED and CRIMINAL RESPONSIBILITY EXAMINED AND NOT RETAINED. The communication proposes criminal-law differentiation as a necessary intermediate position within a sequential care configuration, while preserving the independent KRINEIN (DISCERNING AND DECIDING WITHIN THE COMPETENT INSTITUTIONAL POSITION) of every participating actor. The resulting configuration is expressed as a SEQUENTIAL SYNERGY OF INDEPENDENT INSTITUTIONAL CAPACITIES: represented damage can become available to successive competent positions, each of which actualises its own capacity without absorbing the competence or authorship of another. FESS (Field Endometaphysical Science Series) provides the broader configurational research framework. FHESS (Field Hybridity Endocriminological Science Series) examines the operation of positions, grammars and capacities within hybrid relational fields under care accountability. Communication XVI was submitted to the Office of the Prosecutor of the International Criminal Court on 19 September 2026, together with Annexes XVI-A to XVI-D and a submission inventory. CARE ACTIVATES — GRACES HAPPEN.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-09-19
DOI
https://doi.org/10.5281/zenodo.22841406
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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FHESS COMMUNICATION XVI — CARE ACCOUNTABILITY AND THE SEQUENTIAL SYNERGY OF INDEPENDENT INSTITUTIONAL CAPACITIES

Guido Ulens
Zenodo (CERN European Organization for Nuclear Research)
International Law and Human Rights
article

FHESS COMMUNICATION XVI — CARE ACCOUNTABILITY AND THE SEQUENTIAL SYNERGY OF INDEPENDENT INSTITUTIONAL CAPACITIES

Guido Ulens
article en

Abstract

FHESS Communication XVI develops a configurational reading of represented civilian damage, public responsibility grammar, ICC institutional capacity, and the sequential synergy of independently competent institutional positions. The communication takes as its empirical finding field the shelling of the Abuelaish family home in Gaza on 16 January 2009, in which Bessan, Mayar and Aya Abuelaish and their cousin Noor were killed and other family members were injured. Publicly available material concerning the incident is preserved together with differing accounts relevant to its factual and legal readability. The communication examines Professor Izzeldin Abuelaish’s publicly expressed responsibility grammar, including his recurring appeal that each person contribute according to their circumstances and abilities. CARE ACCOUNTABILITY is introduced as an FHESS research reading of this publicly observable responsibility grammar. Professor Abuelaish retains full authorship of his own position. The study reconstructs the Palestinian Article 12(3) declaration of 2009, the ICC Office of the Prosecutor’s 2012 jurisdictional differentiation, the later temporal opening from 13 June 2014, and subsequent ICC proceedings in the Situation in the State of Palestine. These later institutional developments provide an empirical control field through which the precise position of the earlier jurisdictional interruption becomes readable. A central distinction is developed between CRIMINAL RESPONSIBILITY NOT REACHED and CRIMINAL RESPONSIBILITY EXAMINED AND NOT RETAINED. The communication proposes criminal-law differentiation as a necessary intermediate position within a sequential care configuration, while preserving the independent KRINEIN (DISCERNING AND DECIDING WITHIN THE COMPETENT INSTITUTIONAL POSITION) of every participating actor. The resulting configuration is expressed as a SEQUENTIAL SYNERGY OF INDEPENDENT INSTITUTIONAL CAPACITIES: represented damage can become available to successive competent positions, each of which actualises its own capacity without absorbing the competence or authorship of another. FESS (Field Endometaphysical Science Series) provides the broader configurational research framework. FHESS (Field Hybridity Endocriminological Science Series) examines the operation of positions, grammars and capacities within hybrid relational fields under care accountability. Communication XVI was submitted to the Office of the Prosecutor of the International Criminal Court on 19 September 2026, together with Annexes XVI-A to XVI-D and a submission inventory. CARE ACTIVATES — GRACES HAPPEN.

Zenodo (CERN European Organization for Nuclear Research)
Hybrid Plastics (United States) (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
International Law and Human Rights
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