Dilemmas Of Justice Research Articles

Peace Versus Justice? The dilemma of transitional justice in Africa edited by Chandra Lekha Sriram and Suren Pillay Scottsville: University of KwaZulu-Natal Press, 2009. Pp. 373, £19.99 (pbk).

Peace Versus Justice? The dilemma of transitional justice in Africa edited by Chandra Lekha Sriram and Suren Pillay Scottsville: University of KwaZulu-Natal Press, 2009. Pp. 373, £19.99 (pbk). - Volume 49 Issue 2

Should EOAD patients be included in clinical trials?

Alzheimer disease (AD) is a devastating neurodegenerative disease affecting 1 in 68 in the population. An arbitrary cutoff 65 years as the age of onset to distinguish between early- and late-onset AD has been proposed and has been used in the literature for decades. As the majority of patients develop AD after 65 years of age, most clinical trials address this population. While the early-onset cases represent only 1% to 6% of AD cases, this population is the active working subset and thus contributes to a higher public health burden per individual, and early-onset cases are the most devastating at the level of the individual and their families. In this review, we compare and contrast the clinical, neuropsychological, imaging, genetic, biomarker, and pathological features of these two arbitrary groups. Finally, we discuss the ethical dilemma of non-abandonment and justice as it pertains to exclusion of the early-onset AD patients from clinical trials.

Peace versus justice?: the dilemma of transitional justice in Africa

The chapters in this volume consider a wide range of approaches to accountability and peacebuilding. These include not only domestic courts and tribunals, hybrid tribunals, or the International Criminal Court, but also truth commissions and informal or non-state justice and conflict resolution processes. Taken together, they demonstrate the wealth of experiences and experimentation in transitional justice processes on the continent. CHANDRA LEKHA SRIRAM is Professor of Human Rights at the School of Law, University of East London, United Kingdom. She is also the Chair of the International Studies Association Human Rights Section and consults on issues of governance and conflict prevention for the United Nations Development Programme. SUREN PILLAY is a Senior Lecturer in the Department of Political Studies at the University of the Western Cape, South Africa, and a Senior Research Specialist in the Democracy and Governance programme of the Human Sciences Research Council. Southern Africa: University of KwaZulu-Natal Press

Climate change and environmental justice: reflections on litigation over oil extraction and rights violations in Nigeria

This article uses developments in three cases claiming environmental harm and human rights violations arising from Shell Oil's operations in Nigeria – brought in the United States, the Netherlands, and Nigeria – to explore the complex intersection of transnational corporate responsibility, environmental justice, and climate change. It considers the nature of environmental rights violations in general and those in Nigeria in particular, the barriers to addressing these problems through law, and the ways in which the problem of climate change intersects with these justice dilemmas. The article takes an interdisciplinary law and geography approach to these issues, analysing how the way in which we view the nation-state, the multinational corporation, and their interrelationship influences our understanding of the state–corporate relationships in, and justice implications of, these situations. It argues that whether we treat Nigeria and Shell Oil as enclosed, permeable, or enmeshed spaces limits or expands the ways in which these cases might fit into broader environmental justice strategies. The article concludes with an assessment of how future efforts might build upon these cases and this analysis of their implications.

Beyond the Courts? The Complex Relationship of Trials and Amnesties

Since its inception, the central dilemmas of transitional justice have often been framed in stark dichotomies, encapsulated most notably in the phrase: ‘peace versus justice’. This phrase has been widely used to describe the extent to which elites in states undergoing transitions from mass violence may face political, military, and economic pressures to compromise justice in order to obtain peace. Where amnesty laws have been enacted as part of negotiated peace deals they are often perceived as embodying such compromises as they can serve to shield the signatories of peace agreements and their supporters from criminal prosecutions. Although in a small number of cases, such amnesty or immunity agreements may be granted provisionally, more commonly, they are intended to create a permanent barrier to the pursuit of trials for past crimes, where such trials would arguably risk destabilising the fragile political transition. As a result, amnesty laws to shield offenders from criminal sanctions are commonly viewed as the antithesis of trials. At first blush, this perception of amnesty laws as a once-only political pact to close the door on the past is understandable. However, as this paper will argue, closer inspection reveals that transitional states rarely face a binary choice between amnesty and justice, but rather may undergo a continual process of re-negotiation of the balance between impunity and accountability as the transition evolves. Indeed, during political transitions countries rarely follow a linear path towards justice. Instead, the salience of calls for amnesty or trials often wax and wane depending on the changing political circumstances and the relevance of practical concerns such as the passage of time, the degradation of evidence and the mortality of victims, witnesses and perpetrators. This paper will explore some of these relationships by focusing on how trials and amnesties have been sequenced within transitional states. Drawing upon fieldwork conducted by the author in Argentina, Bosnia-Herzegovina, Uganda, South Africa and Uruguay, together with the experiences of amnesties in Cambodia, Sierra Leone and Timor-Leste, the paper will detail how trials have been launched in the shadow of pre-existing amnesties, and conversely, how demands for amnesty may continue or reignite following prosecutions by national or international courts. In this way, the paper seeks to highlight that neither trials nor amnesty laws definitively close the door on the past and instead many societies continue to revisit and adapt their processes in response to changing political contexts. In some contexts, this may result in highly complex sequencing arrangements. By exploring these complexities, this paper will highlight two key findings: firstly, that even where trials are pursued, demands for amnesty or immunity may continue to be made. Although in some cases, these demands may seek to undermine transitional justice agendas, in other instances, they could seek to respond to the problems faced by over-burdened criminal justice institutions by incentivising offender testimony or encouraging offender participation in alternative accountability mechanisms. The second finding is that the more egregious forms of amnesty that offer unconditional impunity for serious human rights violations may not be fully sustainable in the longer-term, and may instead face judicial challenges to narrow their scope or invalidate them entirely. The implications of these two findings point towards the development of more nuanced approaches to amnesty laws that incorporate elements of accountability and may even coexist with some form of criminal prosecutions. The final section of this paper will explore how such coexistence can be written into the text of the amnesty laws.

The International Criminal Court and the Darfur crimes: The dilemma of peace and supra-national criminal justice

ABSTRACT The supra-national criminal prosecution by the International Criminal Court (ICC) of the alleged crimes committed in Darfur raises critical legal and conceptual issues. This article addresses the dilemma of peace, justice and reconciliation from a legal perspective, as well as the justice options that are available. The article also assesses the Sudan's criminal and military laws (both at the substantive and procedural levels) in terms of the country's ability to prosecute international crimes such as war crimes, crimes against humanity and genocide. In this respect, the article argues that these laws fall short of international criminal law standards and principles – particularly the amendments introduced after the United Nations Security Council referred the Darfur situation to the ICC. The article critically examines the Sudan government's policy of non-engagement, which ultimately led to supra-national criminal prosecution (represented by the ICC intervention under the complementarity principle of the Rome Statute). Finally, the article interrogates the report issued by the African Union High-Level Panel on Darfur (AUPD), and evaluates the strengths and weaknesses of its recommendations.

Who Counts? Dilemmas of Justice in a Postwestphalian World

Abstract: Who counts as a subject of justice? Not so long ago, it was widely assumed that those “who counted” were simply the citizens of a bounded territorial state. Today, however, as activists target injustices that cut across borders, that “Westphalian” view is contested and the “who” of justice is an object of hot dispute. This new situation calls for a new kind of justice theorizing, whose contours I sketch in this essay. Arguing, first, for a reflexive mode of theorizing, I introduce the concept of “misframing”, which can subject the Westphalian “who” to critical scrutiny. Arguing, second, for the necessity of a substantive normative principle to evaluate competing “who’s”, I introduce the “all‐subjected principle” as superior to three better known alternatives: namely, membership, humanism, and the all‐affected principle.

Dilemmas of Justice and Reconciliation: Rwandans and the Gacaca Courts

Following the 1994 genocide, several justice initiatives were implemented in Rwanda, including a tribunal established by the United Nations, Rwanda's national court system and Gacaca, a ‘traditional’ community-run conflict resolution mechanism adapted to prosecute genocide perpetrators. Since their inception in 2001, the Gacaca courts have been praised for their efficiency and for widening participation, but criticised for lack of due process, trained personnel and attention to atrocities committed by the Rwandan Patriotic Front (RPF). To evaluate these criticisms, we present preliminary findings from a survey of 227 Rwandans and analyse their attitudes towards Gacaca in relation to demographic characteristics such as education, residence and loss of relatives during the genocide.

SEN, LA DÉMOCRATIE ET LE MARCHÉ PORTÉE ET LIMITES D'UNE CRITIQUE

Les travaux de SEN constituent un systeme de pensee dans lequel la declinaison de plusieurs registres argumentatifs permet la defense de la democratie. A la base de ce systeme, on trouve une critique de l’economie politique orthodoxe et de ses fondements. Neanmoins, certaines zones d’ombre meritent d’etre explorees pour saisir la portee de cette critique. En particulier, la representation de l’economie moderne que propose SEN reste tres proche de celle que l’on trouve dans l’economie liberale standard, ce qui, d’une part, laisse sans reponses des problemes de justice sociale pourtant au cœur des debats contemporains et, d’autre part, fragilise certains arguments en faveur de la democratie. L’approche par les libertes peut pourtant etre mobilisee, au-dela voire contre SEN, pour une lecture plus radicale des inegalites et des transformations socio-economiques qui permettraient de les reduire.

Dilemmas of Justice in Peace/Coexistence Education: Affect and the Politics of Identity

Click to increase image sizeClick to decrease image size Notes Thus returning it to its old etymological sense of action (ad verve Latin ē m ō ti ō n-em, n. of action f. ē -mov ē -re, f. ē out + mov ē -re to move).

Book Review: The Politics of past Evil: Religion, Reconciliation, and the Dilemmas of Transitional Justice

Book Review: The Politics of past Evil: Religion, Reconciliation, and the Dilemmas of Transitional Justice

Daniel Philpott, ed., The Politics of Past Evil: Religion, Reconciliation, and the Dilemmas of Transitional Justice.

Daniel Philpott, ed., <i>The Politics of Past Evil: Religion, Reconciliation, and the Dilemmas of Transitional Justice</i>.

Abnormal Justice

Abnormal Justice

Neighbourhood regeneration through mixed communities: a ‘social justice dilemma’?

Since 2005, the English government has adopted a policy of regenerating disadvantaged neighbourhoods by reconstructing them as mixed communities, in which schools appealing to higher income residents are a key feature. This creates some difficulties for those concerned with social justice, who support the notion of integrated schools and neighbourhoods, but are concerned that the re‐modelling of neighbourhoods and schools in this way could further disadvantage existing populations. Mix is supported but mixing is opposed. This article interrogates this ‘social justice dilemma’ by analysing the origins and development of the mixed communities policy. It demonstrates the distinction between the principle of mix and the policy of mixed communities, while illuminating the political and discursive processes that conflate the two. Finally the authors indicate how research can be mobilised in support of neoliberal discourses about neighbourhoods and schools and draw some broader conclusions for education research and policy.

Child Soldiers in Peace Agreements: The Peace and Justice Dilemma!

Child soldiers' needs and rights did not feature in pre-1996 peace agreements. In subsequent agreements, only matters of demobilisation and reintegration got priority. Justice and impunity were not addressed. Recruitment and use of child soldiers, although prohibited in international law, continue with impunity. As a deterrent, justice and impunity concerns should be included in peace agreements. This may, however, impede the peace process. Concerns of justice vis-à-vis peace may arise, because addressing impunity could derail the peace prospects. The prosecutions in the Special Court of Sierra Leone and the indictments before the International Criminal Court for crimes of recruiting and using children in armed conflict complicate the relation between peace and justice. This paper explores and analyses the relationship paying special attention to the emerging jurisprudence in the international criminal tribunals and the peace process in Northern Uganda. It is observed that dichotomy between peace and justice may be just an illusion; it is possible to pursue both peace and justice without rewarding impunity.

Peacebuilding: A Time to Listen to and Learn from ReconciliationismTristan Anne Borer, ed. Telling the Truths: Truth Telling and Peace Building in Post-Conflict Societies. Notre Dame, IN: University of Notre Dame Press, 2006.Charles T. Call, ed. Constructing Justice and Security after War. Washington, DC: United States Institute of Peace Press, 2007.Chester A. Crocker, Fen Olser Hampson, and Pamela Aall, eds.

Peacebuilding: A Time to Listen to and Learn from ReconciliationismTristan Anne Borer, ed. <i>Telling the Truths: Truth Telling and Peace Building in Post-Conflict Societies</i>. Notre Dame, IN: University of Notre Dame Press, 2006.Charles T. Call, ed. <i>Constructing Justice and Security after War</i>. Washington, DC: United States Institute of Peace Press, 2007.Chester A. Crocker, Fen Olser Hampson, and Pamela Aall, eds.

Can Amnesties and International Justice be Reconciled?

When states are attempting to recover from periods of serious human rights abuse, they often must try to reconcile the competing demands of different stakeholders. These demands may range from claims that complete impunity is a necessary sacrifice to achieve peace, to the belief that without justice no meaningful peace can be reached. This paper will attempt to highlight the ways in which international courts and quasi-judicial bodies address the dilemma of peace versus justice, in relation to amnesty laws. The discussion will consider the main international standards on impunity, the international jurisprudence relating to amnesties and whether international courts should recognize amnesties that are accompanied by alternative forms of justice. This paper will argue that international courts should recognize amnesties that are introduced with democratic approval to promote peace and reconciliation, provided that they are accompanied by mechanisms to fulfil the victims' rights.

Affirming, Transforming, or Neglecting Gender? Conceptualizing Gender in the Pension Reform Process

This article analyzes the gender visions adopted by policy actors in pension reform debates. Based on the work of Fraser (Fraser, N. 1994. After the Family Wage: Gender Equity and the Welfare State. Political Theory 22 : 591–618; Fraser, N. 1995. From Redistribution to Recognition? Dilemmas of Justice in a 'Post- Socialist' Age. New Left Review 212:68–93), four gendered visions of public pensions are introduced and then applied to pension reforms in Belgium and Sweden. In line with international trends, both cases seek to integrate women within a pension system that treats men and women the same regardless of their nonmarket activities. However, in both cases, some compensation is introduced to acknowledge the caring functions performed mainly by women. Based on Fraser's typology, this arrangement leads to one of the worst-case scenarios since it legitimizes pension systems that are predominantly geared toward full-time contributors and penalizes those individuals most likely to spend sometimes away from the labor market. The Belgian case emphasizes the negative role of the EU in retrenching pension rights and benefits for women. The Swedish case is interesting because of the scope of its reform and the fact that women in the service sector end up supporting the principle of tying benefits to contributions.

The Politics of Past Evil: Religion, Reconciliation, and the Dilemmas of Transitional Justice. Edited by Dan Philpott. Notre Dame, Ind.: Notre Dame University Press, 2006. 250pp. $25.00

The Politics of Past Evil: Religion, Reconciliation, and the Dilemmas of Transitional Justice. Edited by Dan Philpott. Notre Dame, Ind.: Notre Dame University Press, 2006. 250pp. $25.00

Latino Settlement, Service Provision and Social Justice in Charlotte, North Carolina

Latino Settlement, Service Provision and Social Justice in Charlotte, North Carolina Heather A. Smith (bio) The large scale and unexpected settlement of Latino immigrants into the collective states of the U.S. South has precipitated a number of challenges for receiving communities, not least of which is meeting the service provision needs of newly arrived, culturally foreign, non-English speaking and often impoverished immigrants. In Charlotte, North Carolina, a city where the metro area Latino population has grown about 1,000% since 1980, the struggle to meet the health care, personal safety and educational needs of this population is bringing to the fore growing antiimmigrant sentiment. Strain between racial/ethnic groups is emerging as limited funds are perceived to be re-directed towards program building for Hispanics and increased pressure is placed on local providers to identify and respond differently to documented versus undocumented immigrants. In this context, unexpected but not entirely unfamiliar issues of social justice have arisen as Charlotte's service providers seek to adjust their structures to meet the needs of the city's changing resident base. Drawn largely from a series of 41 key informant interviews conducted between fall 2005 and early spring 2006, this commentary focuses on the experience and social justice dilemmas faced by Charlotte's educational, police and health care professionals. Perhaps nowhere else in the city is the impact of Latino migration and settlement more acutely felt than in the school system. Since 2000, enrollment of Hispanic children in Charlotte-Mecklenburg Schools (CMS) has grown from 4.5% of the student body to 12.2% in early 2006. Representatives of CMS emphasize that the steady 2% per year increase experienced over the last five years is likely to accelerate given higher than average fertility among Latino families and sustained and maturing immigration streams. The school system already has two elementary schools with majority Hispanic enrollment and a third hovering at 49%. Two middle schools have 2006 enrollments with more than a 1/3 of the students being Latino and one of CMS's 17 high schools counts more than a quarter of its student body as Hispanic. Given these statistics, some anticipate that Hispanics will make up more than a third of all Charlotte-Mecklenburg's public high school graduates by the year 2013. As CMS teachers and administrators seek to provide equal access to educational opportunity for all their students, several issues of social justice have arisen to complicate these efforts. First, in the state of North Carolina, public universities do not accept in-state applications from immigrants with undocumented status. Last year as many as 1,400 illegal immigrants [End Page 114] graduated from North Carolina high schools. With public post secondary education closed to them in their state of residence, what are Hispanic students to do? Community leaders both within and beyond the school system are deeply concerned about the effects of this situation on Latino student retention and success. They cite rising drop-out rates and falling age thresholds for when dropouts occur. They see rising non-enrollment among the school age children of Latino families. They are keenly aware of the growing influence of gangs as an alternative to school attendance and achievement. And, they witness growing teen pregnancy, poverty and hardship as the opportunity structures associated with advanced education remain closed to an increasing number of Hispanic youth. The injustice that flows from the fact that while children-regardless of their status-can access public education at the elementary through high school level, undocumented students-regardless of their academic achievement and potential-are blocked from accessing post secondary education in their home state is a frequently vocalized concern around this particular issue. This "disincentive to learn" placed in front of Latino children is powerful and is a source of escalating concern to many interviewed teachers and CMS representatives. Another social justice issue currently facing the school system is the distribution or realignment of funds toward Hispanics at a time of frequently shrinking budgets and growing anti-immigrant sentiment. Some years ago CMS established a diversity office whose mandate was to serve all forms of diversity in the system. Recently however, some believe that the needs of...