Justice Mechanisms Research Articles

The Role of Ethnicity in Post-Conflict Peace Building: A Case Study of Rwanda, Bosnia and Sri Lanka

This paper examines the role of ethnicity in post-conflict peacebuilding, focusing on Rwanda as a primary case study and drawing comparisons with Bosnia and Sri Lanka. It explores how ethnic divisions, often rooted in colonial legacies, have shaped conflict dynamics and influenced recovery processes. The study delves into Rwanda's post-genocide strategies, including institutional reforms, justice mechanisms, economic reconstruction, and reconciliation programs, highlighting both successes and challenges. The research contrasts Rwanda's approach to the institutionalized ethnic divisions in Bosnia and the majoritarian policies in Sri Lanka, offering insights into the complexities of balancing ethnic identities in peacebuilding. Key lessons emphasize the importance of inclusive governance, equitable resource distribution, grassroots reconciliation, and the integration of justice and economic development in fostering long-term peace. The findings contribute to understanding how ethnic dynamics can either hinder or promote stability in divided societies.

ACORDO DE NÃO PERSECUÇÃO PENAL (ANPP): UM ESTUDO DO POSSÍVEL IMPACTO PARA A EFICIÊNCIA DO SISTEMA DE JUSTIÇA CRIMINAL BRASILEIRO

The Non-Prosecution Agreement (ANPP), introduced by Law No. 13.964/19, is a legislative innovation aimed at increasing the speed and efficiency of the Brazilian criminal justice system. This article analyzes the impact of the ANPP on the streamlining of processes and the reduction of processing time, based on empirical data from the "Justice in Numbers 2020 at 2024" reports by the CNMP and specific studies on the subject. The research highlights the importance of the ANPP in promoting justice in the criminal sphere, contributing to a more agile and effective penal system. The analysis covers the genesis of the ANPP, its normative contours, and practical application, as well as its possible impacts on the criminal justice context, with an emphasis on reducing procedural overload and improving system efficiency, especially regarding procedural speed. Finally, the limitations and challenges faced in the application of the ANPP will be discussed, as well as future prospects for its consolidation as an effective criminal justice mechanism.

Legislative Approaches to Drug Rehabilitation: A Socio-Legal Analysis of Policies Supporting the Reintegration of Former Addicts into Society

This study explores the legislative frameworks governing drug rehabilitation and the reintegration of former drug addicts into society through a normative juridical analysis. The research examines how laws and policies influence the recovery journey, highlighting critical gaps in anti-discrimination measures, public health integration, and societal reintegration mechanisms. Comparative case studies from countries with progressive approaches, such as Portugal and Norway, illustrate effective models for aligning legal systems with public health strategies. The findings emphasize the need for legislative reforms that promote inclusivity, support long-term recovery, and foster societal acceptance. Recommendations include expanding anti-discrimination protections, incorporating restorative justice mechanisms, and enhancing interagency collaboration to ensure holistic rehabilitation programs. This research contributes to the discourse on aligning law and social policy to address the multifaceted challenges of drug addiction and reintegration.

MODEL HARMONISASI HUKUM PIDANA DAN PERDATA UNTUK PENYELESAIAN KASUS KEKERASAN

Violent crimes often involve two legal aspects, namely criminal and civil, which require harmonization to ensure substantive justice for victims and perpetrators. The main problem faced is the separation of criminal and civil legal processes, which often hinders the holistic restoration of victims' rights. This study aims to analyze the harmonization mechanism of criminal and civil laws applied in various countries, including the United Arab Emirates, Canada, Germany, and Indonesia, and to develop a legal harmonization model that is appropriate to the Indonesian context by considering local values and international standards. The research method used is normative with a statutory regulatory approach, conceptualization, comparison, and history, which focuses on the analysis of relevant legal regulations and legal theories. The results of the study indicate that legal harmonization can be achieved through integrated application, restorative justice mechanisms, and recognition of customary legal practices that do not conflict with human rights. A model that calls for the importance of national legal reform, integration of local values, and application of international standards to create a more responsive legal system. The main recommendations are strengthening legal infrastructure, training law enforcement officers, and implementing best practices from other countries.

Recent Advances in the Study of Conflict-Related Sexual Violence.

Conflict-related sexual violence (CRSV) is a frequent but not ubiquitous part of warfare, affecting not only survivors but also their families and wider communities. This thematic review describes advances in research on CRSV, reviews new developments in the literature, and proposes recommendations for future study. An increasing number of studies consider how to address methodological and ethical research challenges, how understudied victim/survivor groups as well as families and communities are affected by CRSV, how survivor-centered justice mechanisms can be developed to reduce impunity, and how CRSV is perceived by different actors. Research is expanding to deepen and nuance knowledge on CRSV, particularly on CRSV by rebel groups and the experiences of diverse victims. The research community is also growing more diverse. Remaining challenges exist, in particular regarding data and measurement, justice and accountability, and violations by state-affiliated actors.

Development of the justice mechanism: testing justice

The article examines in a fundamental format the problems of the mechanism of justice on the principles of justice and its development. The shortcomings of the basic level of the domestic justice mechanism are shown. The problems of the scientific methodology of fundamental approaches to eliminating these shortcomings and improving the mechanism of justice, including in the long term, are highlighted. In particular, it is proposed to reform non-federal justice (to expand the vector of development of world justice from centralization to decentralization with its separation from the federal justice mechanism; to create judicial structures below the level of world justice in the sparsely populated territories of the north-east of the country; to restore on a fundamentally different basis the constitutional (statutory) courts of the subjects of the Russian Federation); to create some qualitatively new judicial bodies of their own jurisdiction; to create a state constitutional body (under the conditional name “Council of the Judiciary of the Russian Federation”), personifying the judicial branch of the state the authorities.

Advancing Gender-Sensitive Transitional Justice: A Path towards Healing and Equality in Sudan

This study explores the critical need for gender-sensitive transitional justice in Sudan, highlighting its potential to address historical injustices and promote healing among affected populations. It examines the concept of transitional justice, emphasizing the importance of incorporating gender perspectives into truth-seeking, reparations, and institutional reforms. The analysis is grounded in the historical context of gender inequality in Sudan and the impact of conflict on women and marginalized groups. Case studies of successful gender-sensitive initiatives illustrate their effectiveness and potential for replication. The study draws on qualitative data collected through interviews with key stakeholders, including survivors, civil society organizations, and advocacy groups, as well as a review of relevant literature and policy documents. Findings suggest that inclusive engagement and the active participation of diverse voices are essential for shaping effective transitional justice mechanisms that foster equality and sustainable peace.

PENYELESAIAN KDRT BERBASIS RESTORATIVE JUSTICE PADA KEPOLISIAN RESORT SINJAI PERSPEKTIF HUKUM ISLAM

This research examines the problem of domestic violence within the Sinjai Police Department. The aim of the research is to reveal the views of Islamic law on the mechanism for resolving domestic violence using the theory of restorative justice within the Sinjai Police Department. Qualitative research method with a normative and empirical approach, supported by primary data sourced from interviews, observation and documentation. As well as, secondary data sourced from legislation, National Police Regulations, the Koran, and related literature. The research results show that: First, the mechanism for resolving domestic violence cases using a Restorative Justice approach at the Sinjai Police is through the stages of complaints/reports from the public, providing victim protection, then investigators taking statements from victims or witnesses, and conducting an investigation of the crime scene. After that a case was filed. Apart from that, investigators use mediation. If you agree to make peace, a statement letter will be made to maintain the unity of the family, and the investigation will be stopped as part of restorative justice efforts. Second, the mechanism for resolving domestic violence cases using restorative justice from an Islamic legal perspective as an effort to provide the best for perpetrators and victims in accordance with the justice they expect. Whether the decision to reconcile or divorce has also been regulated in the Koran and is in accordance with the restorative justice mechanism.

Establishment of a Special Agrarian Court

The establishment of a Special Agrarian Court is often the most common problem faced by communities related to land. These problems can be grouped into three categories, namely: uncertainty over land rights, monopoly over land ownership, and the sacrifice of economically weak groups for land tenure interests. One of the reasons why decisions related to land cannot be implemented is because there are several decisions that have permanent legal force but conflict with each other regarding the land object that is being disputed. The purpose of this research is to achieve justice in dealing with agrarian conflict problems, a special institution is needed. who can run the justice mechanism properly. A study has proposed the establishment of an Agrarian Court as a judicial body that focuses on resolving agrarian disputes, with the authority to conduct examinations, trials, and make decisions related to these conflicts. The method used in this research is normative law. The technique applied in this study is juridical. normative that utilizes a legal and conceptual approach.

International legal regulation of the application of restitution as a form of material responsibility of states

The article attempts to determine the principles of international legal regulation of the application of restitution as a form of material responsibility in international law, as restitution is a means of legal protection available to the claimant in the consideration of an international dispute, for which seized property is returned to the original owner in kind. The theoretical provisions regarding the international legal regulation of the application of restitution as one of the forms of material responsibility under international law have been analyzed, using the following sources – the UN International Law Commission (ILC); Article 35 of the Articles on State Responsibility of 2001; Permanent Court of International Justice (PCIJ) (predecessor of the UN International Court of Justice). Legal doctrine distinguishes two forms of restitution – restitution in kind («restitutio in integrum») and restoration («restitutio in pristinum»). Restitution in kind (restitutio in integrum) consists in restoring the former material situation. The second form of restitution – restoration (restitutio in pristinum) – is the restoration of immaterial rights. The issue of property restitution has been central to many political changes and peace agreements since the end of the Cold War. Restitution of property, homes, and land has been seen as a means of redressing past injustices in many forms, ranging from communist nationalization and colonial-era land confiscation to outright ethnic cleansing and war crimes. The politics of restitution often figure in broader transitional justice efforts following repression, persecution, and mass violations of human rights. Among the range of transitional justice mechanisms, restitution is most closely related to reparations, both because of their shared historical origins and because of their common desire to return victims to the conditions in which they would have been satisfied if their rights had not been violated. Practical examples of restitution that took place in the Czech Republic, South Africa, Bosnia and Guatemala were analyzed. Were studied the recommendations on how to better plan, organize and implement the restitution program in the conditions of the transition period, which were aptly described in his writings by the outstanding scientist Mr. Rhodri C. Williams [13].

Re-conceptualising the Theory of Justice and the Needs of Victims of Sexual Violence in Nigeria: an Appraisal of a Victim Centered Approach

Abstract Background In the 21st century, the recognition of the rights and needs of victims of sexual violence has emerged as a fundamental discourse within international, regional, and local policy agendas. This has been influenced by the lasting psychological, emotional, and physical effects of sexual violence on the victims. These commentaries and agitation have spurred the need for alternative ways in which the Nigerian criminal justice system can be strengthened by incorporating criminal justice mechanisms and interventions that would enhance the needs and interests of victims in accessing justice despite its adversarial system of justice. Methods This study aims to appraise the different mechanisms of justice, needs, and interests of victims of sexual violence through a theoretical lens and drawing lessons from South Africa and Australia. To achieve this work, a doctrinal research methodology that utilized existing literature and secondary sources such as textbooks and online websites was adopted. Results The study found that there is a need for accountability for the protection of victims, implementation of legislation, and scaling up of resources for effective support services. In addition, the absence of resources, effective monitoring and compliance institutions, monitoring reports, specialized courts, and special regulations hampers the implementation of a victim-centered approach. Among others, the study recommends an all-inclusive criminal justice mechanism that would further incorporate a victim-centered approach towards advancing the rights and quality of justice for victims of Sexual Violence and the need for a victim impact statement to our criminal justice system for cases of sexual violence. Conclusion The study concludes that there is a need to make provisions for more effective alternative responses to incorporate the justice interests and needs of victims of sexual violence.

Reflections on the Systemic Efficiency of Contemporary Democracy

This research article analyzes the complexity of democracy in the current context and the challenges it faces in maintaining its effectiveness and fundamental principles. Although democracy is seen as an effective system that protects human rights and promotes equality, it does not always guarantee these results. Democracy should be evaluated not only by the conduct of elections but also by its ability to respect and guarantee human rights and real equality, taking into account the variety of cultural, political, and economic influences. Additionally, it is necessary to have transitional justice mechanisms in place in contexts where democracy must address and repair human rights violations to ensure true social renewal.

The lived experiences of Women's identities and intersections in accessing social justice within the Ghanaian informal legal system: A phenomenological investigation

In sub-Saharan Africa, there is insufficient formal justice infrastructure in many countries, so informal courts play a significant role. This paper examines the intersections of women's identities and access to social justice within Ghana's informal court system. Using an exploratory qualitative research approach, the study involved 15 women who utilised the informal court system. Findings indicate that traditional gender roles, social harmony-based adjudication, and the social consequences of court decisions on family households hinder women's access to justice. While these courts are accessible and affordable, their decisions primarily focus on reconciliation, failing to provide women with equal access to social justice. The study emphasizes the need for promoting gender equity, enhancing fairness in informal justice mechanisms, and creating supportive environments for women's access to justice. It suggests socio-legal reforms to address socio-cultural barriers and promote gender equality within informal justice systems.

Judicial Review of Administrative Regulations: Constitutional Justice vs Administrative Justice

The main purpose of the article is to discuss two forms of judicial control over administrative regulation (constitutional and administrative justice) and identify the problems related to the distribution of functions between them. The core of the research is the theoretical characterization of judicial review of administrative regulations and examination of Armenian practice. In particular, the article explains the essence and the features of administrative regulations and, on this basis, attempts to provide a scientifically grounded answer to the question of how their legality should be verified. As a result of the research, the author’s approach to the separation of the mechanisms of constitutional and administrative justice during judicial control over administrative regulations is presented. It is stated that the legality of administrative regulations can be verified within the framework of constitutional justice only in case the protection of human rights has not been ensured by the mechanisms of administrative one. This includes cases where legality of administrative regulations is discussed regarding their compliance with constitutional requirements.

Earth Rights for the Advancement of a Planetary Health Agenda.

This article discusses Earth's Rights as an environmental justice mechanism of reparation, protection, and justice for indigenous communities, environmental defenders, and other populations in Latin America. We argue that Earth's rights encompass and include the right to health and can be integrated into international human rights frameworks to protect all forms of life, responding to colonial legacies of discrimination and violence. We respond to the scarcity of literature discussing Earth's rights in relation to situations where human rights and Earth's rights are violated. We ground our argument in the theoretical conceptualization of Latin American proposals of Earth's rights and its potential for actionable policy approaches that include human health as inevitably interconnected to our planet's well-being. We address the environmental injustices that affect the right to health and argue that an Earth's rights framework can support reparations for historically marginalized communities.

Comparing universal jurisdiction in Europe and in Latin America: a vehicle for international justice or for colonial reckoning?

ABSTRACT A particular concern in recent years has been the limited options for prosecutions of persons responsible for atrocities in States not amenable to ICC jurisdiction. The need for accountability for atrocities builds on long histories of human rights and humanitarian law practice, both treaty-based and customary in nature, which has been driven also by the work of the ECtHR and the IACtHR mechanisms. At the domestic level, ever since the Pinochet decision, universal jurisdiction (UJ) has been considered a promising way to fill the lacuna. Indeed, some commentators have observed a resurgence in the use of UJ in recent years based on a number of trials of ex-ISIS and Syrian regime members in European courts. Yet UJ as it has been practised has serious limitations. While there are exceptions, many European states are steadily turning the exercise of UJ into the application of extraterritorial jurisdiction based on active or passive personality, especially in relation to their former colonies. In Latin America too, there have been some recent examples of investigations and prosecutions on the basis of ‘pure’ UJ, but the vast majority of exercises of jurisdiction are in furtherance of extraditions, particularly at the behest of former colonial powers. This article compares the recent uptick in European and Latin American usages of UJ, concluding that to date both regions still exhibit little appetite for pursuing ‘pure’ UJ. It warns that significant colonialist pressures in both regions threaten to limit this crucial mechanism for international justice.

Legal Analysis of Criminal Regulations in Cases Criminal act Child Abuse Under Law Child Protection Act

In Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, there is an article that prohibits obscene acts, which is regulated in Article 76E which reads: "Everyone is prohibited from committing violence or threats of violence, coercing, committing tricks, committing a series of lies, or persuading children to commit or allow obscene acts to be committed." Furthermore, Article 76D which reads: "Everyone is prohibited from committing violence or threats of violence to force a child to have intercourse with him or with another person This research was conducted with the aim of finding out how to protect the law for children who are victims of criminal acts of obscenity and how to prove and apply the law to criminal acts of obscenity committed by children. . The research method conducted in this study is a normative juridical research method so that it can be concluded as follows: 1. Child protection is regulated in Law Number 23 of 2002. In addition to Law No. 23 of 2002 concerning Child Protection in protecting victims of child molestation, Law No. 13 of 2006 concerning the Protection of Witnesses and Victims can also protect victims of child abuse and victims of other criminal acts.2. Evidence in the crime of obscenity uses evidence in accordance with the Criminal Code. The valid evidence according to Law No. 8 of 1981 is regulated in Article 184 of the Criminal Procedure Code which consists of witness statements, expert statements, letter of recommendation, and information of the defendant. In the application of the law against child molesters, Article 82 of Law Number 23 of 2002 concerning Child Protection can be applied by using the mechanism and system of child justice, namely Law Number 11 of 2012 concerning the Child Criminal Justice System.

Gender-Sensitive Approaches In Women's Involvement In Constitution-Making And Peacebuilding Processes In South Sudan

Constitutions play a pivotal role in shaping the political, economic, and social equality of both women and men. As the supreme law, they establish the state's framework, allocate political authority, delineate governance systems, dictate leadership selection, and safeguard fundamental rights. Constitutional reform presents a unique chance to reshape governance structures by enshrining women's rights, incorporating inclusive language, and establishing institutions that ensure and advance gender equality. In South Sudan, akin to many African nations, a pluralistic legal system merges customary practices, religious laws, common law, and statutory regulations. While customary and religious laws hold recognition, they remain unwritten, flexible, and often linked to ethnic concerns, varying across communities. Rooted in generations of tradition, these laws seek to uphold positive community values and norms. However, they frequently disadvantage women, despite the presence of traditional justice mechanisms that some argue are more accessible, cost-effective, prompt, and culturally apt. These alternative justice systems are deeply entrenched in patriarchal norms, often excluding women from comprehensive rights, including equitable participation in governance and decision-making bodies. Drawing lessons from post-conflict nations, this paper contends that the transformative potential of constitutions materializes when women capitalize on constitution reform opportunities to redefine the constitutional community's ambit, compelling the state to honor, safeguard, and fulfill women's rights

Міжнародно-правові та національні гарантії реалізації права особи на захист життя і здоров’я

This article analyzes the norms of international and national legislation concerning the right of individuals to life and health protection, through the lens of their practical implementation. The study identifies the positive and negative aspects of the legislative regulation of the right to protection, examines the reasons for states’ non-compliance with certain international legal treaties, and offers several remarks on the effectiveness and feasibility of the established legal provisions. In particular, the publication emphasizes the high efficacy of the norms of the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child in light of the practice of the European Court of Human Rights and the activities of UN specialized committees. At the same time, the paper criticizes the effectiveness of the provisions of the Geneva Conventions and their additional protocols due to the lack of proper mechanisms for their implementation and identifies the main reasons for states’ violations of the aforementioned international treaties. Among the main issues of the implementation of the norms of these conventions, the author identifies the lack of political will of the states, insufficient training and awareness of military personnel, non-compliance by states with international justice mechanisms, and the lack of effective control and monitoring of compliance with the norms of the conventions. Additionally, based on the analysis of the practice of applying the legal rules on necessary defense, the article highlights the urgent need to define the time limits of the defense situation and the criteria for determining the proportionality of actions during defense at the legislative level. Furthermore, to improve and eliminate inconsistencies between the provisions of the Criminal Code of Ukraine and the Constitution of Ukraine, the author proposes specific amendments to the Basic Law.

Network power and firm innovation: the moderating roles of power distance and procedural justice

PurposeThis study aims to investigate the influence of network power on exploratory and exploitative innovation and examines the moderating effects of power distance and procedural justice on these untested relationships.Design/methodology/approachThis study uses survey data collected from firms in China and explores the influential mechanisms of network power, power distance and procedural justice in firm innovation.FindingsThis study empirically shows that network power has an inverted U-shaped effect on exploratory and exploitative innovation. Power distance weakens the effect of network power on exploratory and exploitative innovation, and procedural justice enhances the effect of network power on exploratory and exploitative innovation.Research limitations/implicationsThis study extends resource dependence theory and contributes to the literature on innovation management. Future studies should use different collection channels or research methods to provide more evidence for model promotion. In addition, the dynamic power game among network members and the roles of other mediators or moderators warrant further consideration.Practical implicationsManagers should exercise power strategies properly and ensure that their innovation income exceeds expenditures. Managers need to pay serious attention to power distance and procedural justice in the network and formulate suitable cooperation strategies based on actual conditions.Originality/valueThis study applies the resource dependence theory to investigate the influence of network power on exploratory and exploitative innovation. In addition, the moderating roles of power distance and procedural justice in the above relationships, which have rarely been discussed in previous studies, were tested.