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Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid
Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid
Ali M Abid
Two very different approaches to Criminal Justice have developed in recent years suggesting systemic reforms that would reduce rates of crime and incarceration and lessen the disproportionate effect on minority groups and other suspect classes. The first of these is the Restorative Justice movement, which has programs operating in most US states and many countries around the world. The Restorative Justice movement focuses on reintegrating offenders with the community and having them repair the damage directly to their victims. The movement describes itself as based on the systems of indigenous and pre-modern societies and as wholly distinct from the conventional …
Doctrines Of Equivalence? A Critical Comparison Of The Instrumentalization Of International Humanitarian Law And The Islamic Jus In Bello For The Purposes Of Targeting, Matthew Hoisington
Doctrines Of Equivalence? A Critical Comparison Of The Instrumentalization Of International Humanitarian Law And The Islamic Jus In Bello For The Purposes Of Targeting, Matthew Hoisington
Matthew Hoisington
This article addresses the instrumentalization of international humanitarian law (IHL) and the Islamic jus in bello for the purposes of targeting. It begins with an examination of the radical innovations in the Islamic jus in bello that resulted in its instrumentalization by al Qaeda and other Islamic armed groups in the name of jihad. It then addresses the key legal arguments of the U.S.-led response, particularly in the post-9/11 period. Finally, it offers a critical appraisal of the use of targeting rules to justify killing by both sides. The conclusion summarizes the argument and comments on the dangers of legal …