Want to Stabilize the Middle East? Transitional Justice or Retaliatory Justice?

A special issue of Laws (ISSN 2075-471X). This special issue belongs to the section "Criminal Justice Issues".

Deadline for manuscript submissions: closed (31 December 2021) | Viewed by 11282

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Guest Editor
1. Robert H. McKinney School of Law, Indiana University, Indianapolis, IN 46202, USA
2. Cornell Law School, Cornell University, Ithaca, NY 14850, USA
3. Faculty of Law, Alexandria University, Alexandria 21526, Egypt
Interests: Islamic law; comparative Middle Eastern law; white collar crime; human rights law
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Special Issue Information

Dear Colleagues,

In the event of human rights abuses and mistreatments, victims have well-established rights to see the culprits punished, to know the truth, and to receive compensations/reparations. Because systemic human rights transgressions touch not only affect the victims, but society as a whole, states have responsibilities to assure that the defilements will not reoccur, and, thus, a distinctive duty to reform institutions that were either involved in or unable to avert the mistreatments. Academic scholars and activists cited that the core elements of a comprehensive transitional justice (“TJ”) policy include criminal prosecutions and trials, mainly those that address perpetrators considered to be the most accountable/liable. Transitioning countries under Shari‘a can accuse and punish culprits for intentional massacres as well as rape and launch reparation agendas for forced disappearances, deliberate and unintentional homicides, and physical injuries

Compensations (repressions), through which governments recognize and take steps to address the injuries suffered. Such initiatives often have significant components, such as health services/cash payments as well as symbolic features, public apologies, or memorialization (day of remembrance). An Islamic transitional justice institution would permit both retributive and restorative justice depending on the criminal abuse and the victims per se and their families, if deceased. Furthermore, institutional reform of offensive state institutions such as the military, police enforcements, and the judiciary (courts), to dismantle appropriately the operative machinery of manipulations and preclude reappearance of grave human rights abuses and impunity along with the truth commissions or other techniques to investigate and report on systematic patterns of exploitation and recommend changes and reforms in that field.

Islam—like Christianity, Judaism, Hinduism, or any other faith, Abrahamic or not—is not just about peace nor is it about war. Numerous Islamic law norms jumped up in many regions, with shifting allegations for future progress. Currently, Islam involves a gigantic variety of beliefs and performances, as what is customarily experienced by one group may be proscribed by another.

 

Prof. Dr. Mohamed A. 'Arafa

Guest Editor

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Keywords

  • Transitional justice
  • Criminal law
  • Islamic law
  • Human rights
  • Middle East
  • Punishment

Published Papers (2 papers)

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33 pages, 739 KiB  
Article
A “New Middle East” Following 9/11 and the “Arab Spring” of 2011?—(Neo)-Orientalist Imaginaries Rejuvenate the (Temporal) Inclusive Exclusion Character of Jus Gentium
by Khaled Al-Kassimi
Laws 2021, 10(2), 29; https://doi.org/10.3390/laws10020029 - 15 Apr 2021
Cited by 5 | Viewed by 6318
Abstract
The resurgence of a deterministic mode of representation mythologizing Arabs as figuring (threatening) Saracen by judging their epistemological commitments as hostile to Enlightened reason-based ideals is demonstratively identifiable after 9/11, and more so following the Arab uprisings in 2011, when we notice that [...] Read more.
The resurgence of a deterministic mode of representation mythologizing Arabs as figuring (threatening) Saracen by judging their epistemological commitments as hostile to Enlightened reason-based ideals is demonstratively identifiable after 9/11, and more so following the Arab uprisings in 2011, when we notice that the Arab in general, and Muslim in particular, was historicized as the “new barbarian” from which (liberal-secular) Westphalian society must be defended. Such neo-Orientalist representations disseminate powerful discursive (symbolic) articulations (i.e., culture talk) —in tandem with the (re)formulation of legal concepts and doctrines situated in jus gentium (i.e., sovereignty, immanence, and pre-emptive defense strategy)—legally adjudicating a redemptive war ostensibly to “moralize” a profane Arabia. Proponents of neo-Orientalism define their philosophical theology as not simply incompatible with Arab epistemology (Ar. العربية المعرفة نظرية), but that Arab-Muslims are an irreconcilable threat to Latin-European philosophical theology, thus, accentuating that neo-Orientalism is constituted by an ontological insecurity constituting Arab-Islamic philosophical theology as placing secular modern logic under “siege” and threatening “civil society”. This legal-historical research, therefore, argues that neo-Orientalism not only necessitates figuring the Arab as Islamist for the ontological security of a “modern” liberal-secular mode of Being, but that such essentialist imaginary is a culturalist myth that is transformed into a legal difference which proceeds to argue the necessity of sanctioning a violent episode transforming a supposed lawless “Middle East” receptive to terror, into a lawful “New Middle East” receptive to reason. This sacrilegos process reveals the “inclusive exclusion” temporal ethos of (a positivist) jus gentium which entails maintaining a supposed unbridgeable cultural gap between a (universalized) sovereign Latin-European subject, and a (particularized) Arab object denied sovereignty for the coherence of Latin-European epistemology. Full article

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5 pages, 163 KiB  
Book Review
Between Impunity and Imperialism: The Regulation of Transnational Bribery
by Mohamed A. ‘Arafa
Laws 2021, 10(3), 53; https://doi.org/10.3390/laws10030053 - 25 Jun 2021
Viewed by 4162
Abstract
The Regulation of Transnational Bribery by Kevin E. Davis, strips out the universal character of illegitimate payments used to bribe public officials of foreign countries in the milieu of international business which has been known for years. The manuscript deals with various definitions [...] Read more.
The Regulation of Transnational Bribery by Kevin E. Davis, strips out the universal character of illegitimate payments used to bribe public officials of foreign countries in the milieu of international business which has been known for years. The manuscript deals with various definitions of bribery as a transaction in which an official misuse his or her office “as a result of considerations of personal gain, which need not be monetary”. The book highlights the current debate about prohibiting transnational bribery. Such a debate is not about the practicality or desirability of the United States’ FCPA, which at one time was the only law in the world that efficiently banned transnational bribery. Full article
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