In Focus

NEW! Justice is not a construct
Justice and human rights are not pragmatic utilities


Justice is not a construct

This issue of the Magazine F3 focuses on international justice but not only. The multi-billion-dollar funding stream of Illicit trade; civil forfeiture; migration; interfaith dialogue and youth resilience to address violent extremism; Goal 16 of UN Development Agenda and many others priority themes are debated.

The special focus on justice is to reiterate that justice as well as human rights are not artificial values defined by different contexts and cultures. Justice is the litmus test for the well-being of a community and the conduct of its governors. All over the centuries, the most advanced societies were those striving to develop justice systems reflecting values and virtues, political and moral obligations. These were the societies were equal rights, peace and cohesion were central. By contrast, history castes an ignominious shadow on those who built empires funded on violence and inequity. For those, justice was nothing but an instrumental architecture of rules to justify repression and wars. Too many dictators used law to trample human rights, maintain the status quo and impose regimes of terror.

Justice is not relative to whatever ends and objectives but is an independent, objective, non-arbitrary variable. Justice is the only innate human right we have as equal rational agents, and is the right of freely follow our own will so as long as it is compatible with the freedom of everyone else in accordance with a universal law.

Today, we see people disappearing, jailed without a fair trial, abused, deprived of their rights, silenced and forgotten. Today  we face risks without frontiers threatening the survival of the human species: from climate change to terrorism and the improper use of new technologies. As global community, we have developed tools such as conventions, courts, and mechanisms to strengthen the rule of law, coordination and mutual assistance. But still, in too many places old paradigms and regressive conceptions of society are impeding a real progress towards universal values and principles.

The Chart of the United Nations, the UN Declaration of Human Rights as well as the International Tribunals are among the most important achievements of the 20th century. Despite the progresses of the present, the atrocities committed in many countries in the name of principles that blatantly violate human rights require international justice to be reinvigorated. Justice cannot be reduced to pragmatic utility, and the global community together with its member states must recognize the need to develop a common cultural model to sustain the universal idea of justice.

Table of contents

Justice is not relative in the global community
by Jafar Javan

Pennies from heaven
by Dilia Marcela Ortiz Fonseca

The questionable ethics of civil forfeiture
by Dick M. Carpenter II

Enforcement of international sentences in light of the ICC Decision in Lubanga and Katanga cases
by Filip Vojta

A legal response to today’s reality: economic crimes as crimes against humanity
by Suncana Roksandic Vidlicka

Illicit trade: the worldwide, multi-billion dollar funding stream
by Sharon A Melzer

Interfaith dialogue as a means to address incitement to violence based on religion or belief
by Ahmed Shaheed

The use and abuse of the ‘Clash of Civilizations’ rhetoric
by Alessia Vedano

The truth in international criminal trials: A chance to write history?
by Andrés Felipe Morales Arias

Restoring Dignity and Hope for Refugees
by Valentina Tamborra

The return of hybrid courts: omen or promise?
by Davide Brunone

The art of crime - New models of governance, compliance and accountability for the art world
by Marcílio Franca

Is there a unique perspective to transitional justice?
by Golriz Moezzi

Is Italy facing a migration emergency? Italy’s challenge and its new legal framework
by Clarissa Spada

Drawings from the border
by Francesco Piobbichi

Equality of arms: the continued development of due process rights at courts of international character
by Bradley Alan Fuller, J.D.

Preventing crime and violent extremism by strengthening youth resilience: Implementation of the BOUNCE resilience tools in 10 European cities
by Christiaens, E., Hardyns, W., Pauwels, L & Klima, N.

On SDG 16: Peace, Justice, and Strong Institutions
by David M. Malone

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