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Full-Text Articles in Criminal Law
An International "Truth Commission": Utilizing Restorative Justice As An Alternative To Retribution, Carrie J. Niebur Eisnaugle
An International "Truth Commission": Utilizing Restorative Justice As An Alternative To Retribution, Carrie J. Niebur Eisnaugle
Vanderbilt Journal of Transnational Law
A restorative justice paradigm emphasizes healing relationships between offenders, their victims, and the community in which the offense took place. It rejects retribution as a response to crime, focusing instead on the needs of all parties involved. This Note discusses the necessity for, and possible benefits of, using restorative justice principles when responding to international crimes and conflicts. Prosecution, war, and other violent means remain the most common responses to crime and conflict today. Such retributive reactions often lead to further violence rather than healing and peace. Using restorative justice principles to address crime and conflict, as was done in …
The Alien Tort Statute And How Individuals "Violate" International Law, John M. Rogers
The Alien Tort Statute And How Individuals "Violate" International Law, John M. Rogers
Vanderbilt Journal of Transnational Law
Does any argument favor a broad interpretation of the Alien Tort Statute? If I had to make such an agreement, I suppose I would try to cloud the difference between universal crimes and violations of international law. One way to do this would be to focus on those crimes that are also violations of the obligations of one state to another. For instance, an attack on a diplomat may be both a violation of international law (i.e., failure to prevent or punish the attack may result in international responsibility by the territorial state to the sending state) and a universal …