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- Volume 2018, Issue 14, 2018
Freedom from Fear - Volume 2018, Issue 14, 2018
Volume 2018, Issue 14, 2018
This journal aims to contribute to the advancement of knowledge and awareness of the international community’s priority issues in the field of justice, crime prevention and human rights. The Magazine pursues the promotion of innovative dialogue by spreading awareness, creating consensus and a sense of shared responsibility of the problems that affect the global community. As a forum for long-term change, the Magazine endeavors to promote democratic values, civil stability, and aid the international community in developing actions towards greater peace, justice and security for all members of social, civil and political society.
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Justice is not relative in the global community
Author: Jafar JavanWhat does really justice mean? Is there a justice for all? The etymology associates the word justice to righteousness, equity and just behaviour. Over the centuries, justice has been always considered as a central virtue to both the moral and political dimensions of societies. Despite the many – and sometimes opposite – interpretations, justice should be aimed at establishing balance among powers and societal order. Justice is the litmus test for the well being of the community as well as for the conduct of its governors.
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“Pennies from heaven” Three case studies on civil forfeiture
Author: Dilia Marcela Ortiz FonsecaColombia, 19th June 1991: Pablo Escobar turns himself in, a few hours after a Constituent Assembly overturned the extradition of Colombian nationals. Seven years of terrorism and political murders perpetrated by the Medellin Cartel and “The Extraditables”, whose motto was “we prefer a tomb in Colombia, than a dungeon in the US”, were over. That day, Colombia knelt down to the narcos: with no extradition law, no money laundering legislation, no international judiciary cooperation and a level of corruption that had reached the highest instances of power.
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The questionable ethics of civil forfeiture
Author: Dick M. CarpenterOn a cool, sunny November day, Mark Brewer - a disabled decorated U.S. Air Force veteran - was driving through the state of Nebraska on his way to Los Angles to visit his uncle. While there, Brewer planned to make a down payment on a house. To that end, he was carrying more than $60,000 in cash, that he had saved during his military service and from disability payments.
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Enforcement of international sentences in light of the ICC Decision in Lubanga and Katanga cases
Author: Filip VojtaOn 19 November 2015, following two specially-crafted agreements with the Democratic Republic of Congo (DRC), the International Criminal Court (ICC) has transferred two of its convicted defendants, Congolese nationals Thomas Lubanga Dylio and Germain Katanga, to serve the remainder of their sentences in a national prison facility in DRC. The transfer represents a precedent in the practice of enforcing the sentences of fully international criminal tribunals – here also counting the ad hoc international tribunals, i.e. the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) – as for the first time the state of origin of the perpetrator has been effectively decided as the enforcement state. The decision paves the way for discussion over its potential impact on the future of the established system for enforcement of international sentences, as well as its significance, particularly in the light of the challenges the enforcement system has encountered through the enforcement practice of the ICTY.
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A legal response to today’s reality: Economic crimes as crimes against humanity
Author: Sunčana Roksandić Vidlička“…Those who use weapons and resources and violate human rights are as guilty as those who collaborate in business with them. Both groups should face tangible sanctions, investigations and criminal trials.”
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Illicit trade: The worldwide, multi-billion dollar funding stream
Author: Sharon A. MelzerSomewhere in the world, there is a national health crisis. Doctors quickly receive the life-saving pharmaceuticals. However, the “pharmaceuticals” are counterfeits containing a combination of toxic chemicals and are powerless against the pandemic. In another part of the world, a country has developed a sophisticated, laser-guided missile capable of neutralizing targets with minimal collateral damage. Except, some of the missile’s components are counterfeit, causing its guidance system to malfunction. Meanwhile, a terrorist organization engages in the trafficking of illicit tobacco and antiquities to fund their operations while a crime group moves its proceeds across borders via diamonds. Moreover, a rogue nation is circumventing the international community’s sanctions and finances their prohibited activities through illicit trade. Unfortunately, these illustrations are not plots from Hollywood movies but examples where illicit trade and security intersect.
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Interfaith dialogue as a means to address incitement to violence based on religion or belief
Author: Ahmed ShaheedIn age of rising incitement to violence based on religion or belief it would be useful to examine the great potential of interfaith dialogue to prevent and mitigate the advocacy of religious hatred. In fact, this type of dialogue can play a positive role on several fronts.
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The use and abuse of the ‘Clash of Civilizations’ rhetoric
Author: Alessia VedanoFor well over two decades, and particularly in the aftermath of 9/11, public perception of terrorism has largely been dominated by its seemingly inherent link with the Islamic faith. From al-Qaeda to the more recently- born Islamic State of Iraq and the Levant (ISIL), - perhaps better known as the Islamic State of Iraq and Syria (ISIS) - today’s terrorist narrative revolves to great extents around the contraposition of Islamic against Western ideals and values. It is safe to claim that today, should a Western citizen be asked what he or she associates “terrorism” with, the reply would quite surely make reference to the Islamic State, and probably to the State in Iraq and the Levant (ISIS).
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The truth in international criminal trials: A chance to write history?
Author: Andrés Felipe Morales AriasSince it was first addressed as the right to know the fate of missing and dead persons under international humanitarian law, the idea of a ‘right to truth’ has gradually expanded into other fields of law such as human rights law and international criminal law. Though this right has not been codified in a legally binding instrument of international law, the Human Rights Council (HRC), as the monitoring body of the International Covenant on Civil and Political Rights (ICCPR), has interpreted that there is a right to truth and that it is a development of the right to remedy. This has been the theme of various of its Resolutions. The United Nations General Assembly Resolutions are no different as they also understand the truth as a right. The jurisprudence of the European and Inter-American Courts of Human Rights similarly recognized the right to truth, this time, as an extension to the right to access to justice. It is because of this wide recognition that some commentators, including Yasmin Naqvi, researcher at the ICRC, consider this right to be a general practice of international law which grants it the status of a norm of customary law. But, even if considered a right because of its customary status, what does the right to truth entail? What is its content? What are its contours? These are questions that remain unanswered.
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The return of hybrid courts: Omen or promise?
Author: Davide BrunoneAccording to Greek mythology, chimeras were monstrous hybrid creatures made up of the parts of different animals, usually a lion, a goat and a snake. These monsters were regarded as nature’s abortions and their appearance was considered an omen for disaster.
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The art of crime - New models of governance, compliance and accountability for the art world
Author: Marcílio FrancaIssue 29/2005 of German magazine Der Spiegel announced that, according to German Police findings, terrorist Mohammed Atta possibly tried to finance the attacks of 11 September 2001 through illegal art trade. According to the publication, Atta had offered antiques to a Professor of the University of Göttingen, who suspected the origin of the artwork and declined. Despite the world’s astonishment at such revelation, Al Qaeda was not the first terrorist organization to use the art and antiques market to finance their criminal operations, a market that only in 2016, handled an officially reported amount of 45 billion dollars, according to the TEFAF Report 2017 on the global art market.
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Is there a unique perspective to transitional justice?
Author: Golriz MoezziOrdinary justice and transitional justice are significantly and distinctively different. As many studies will show, the qualities of ordinary justice assume there is in place a reasonable democratic system. This paper will identify the features of ordinary justice compared to transitional justice. The focus will be on: definitional perspective, timing arguments, and limitations of transitional justice both substantive and procedural. The general hypothesis is: a level of uncertainty makes transitional justice unique because it requires a fresh perspective every time. There is indeed something unique that arises from uncertainty.
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Is Italy facing a migration emergency? Italy’s challenge and its new legal framework
Author: Clarissa SpadaThis essay aims to analyse the new 2017 Italian law established for the improvement of both the asylum procedures and the contrast of illegal migration in a context in which Europe is required to improve procedures` efficiency without undermining the rights of people in need of protection.
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Drawings from the border
Author: Francesco PiobbichiIf I had not lived in Lampedusa, I would have never found the inner resilience to narrate these stories of migration through drawings. Moreover, at the age of 40-something, I would have never depicted the emotions making me able to describe these last four years spent on working along this European-Mediterranean border.
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Equality of arms: The continued development of due process rights at courts of international character
Author: Bradley Alan FullerAudi Alteram Partem, the Latin phrase meaning, “the other side shall be heard as well,” enshrined on the walls in City Hall of The Hague.
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Preventing crime and violent extremism by strengthening youth resilience: Implementation of the BOUNCE resilience tools in 10 European cities
Authors: E. Christiaens, W. Hardyns, L. Pauwels and N. KlimaA new trend in prevention policies is the focus on resilience, which particularly for youngsters is said to lower their susceptibility to criminal behaviour and radicalization. To that end, the “BOUNCE programme” aims to strengthen youngsters’ resilience by means of a 10-session group intervention. Over the past year, ten European pilot cities have been introduced to the BOUNCE resilience tools and are now left to implement the youth training on their own. The case of BOUNCE confirms the need for integrated implementation strategies to obtain effective early prevention of youth delinquency.
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On SDG 16: Peace, Justice, and Strong Institutions
Author: David M. MaloneWhen the 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs) were adopted, Goal 16 was seen as truly transformative, formally linking, for the first time at the United Nations, development, peace, justice, and good governance. Some of its more ambitious targets include significantly reducing all forms of violence, ending abuse and violence against children, promoting the rule of law, reducing illicit financial flows and corruption, and developing accountable and transparent institutions.
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