Using Indictment as a Negotiation Tactic

Earlier this month, the prosecutor of the International Criminal Court issued an arrest warrant for Sudan’s president, Omar Hassan al-Bashir, for crimes against humanity and war crimes connected with Darfur. The warrant raises again the timeless question of peace versus justice. (See articles by Marquette visiting professor Lisa Laplante on outlawing amnesty and me on balancing peace versus justice in negotiating peace.) Is it more important to have peace on the ground (or at least hope for it) or to attain justice (in the manner of prosecutions)? Darfur presents this issue in a quite pressing manner.

Last summer, among much hand-wringing that the indictment would only make it more difficult for peace to be negotiated, Judge Richard Goldstone wrote a top-notch op-ed for the New York Times explaining the fallacy of that concern. Goldstone, as the former prosecutor for Rwanda and Yugoslavia, understands this balance between peace and justice quite well. As Goldstone notes, the peace process in Darfur is hardly working as it is.

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Restorative Justice for Bernie Madoff?

As we continue to deal with the likes of Bernie Madoff and other swindlers who have lost millions of dollars for their investors, perhaps Elie Wiesel has a good idea on how to punish all of them. Holocaust survivor, human rights activist and author Elie Wiesel lost his entire life savings with Madoff. His charity, the Elie Wiesel Foundation, lost another $15.2 million. As Wiesel said, “‘Psychopath'” is too nice a word for him. This man knew what he was doing. I would simply call him thief, scoundrel, criminal.”

Speaking on a panel last week about what punishment he would like to see for Mr. Madoff, Mr. Wiesel said,

I would like him to be in a solitary cell with only a screen, and on that screen for at least five years of his life, every day and every night, there should be pictures of his victims, one after the other after the other, all the time a voice saying, “Look what you have done to this old lady, look what you have done to that child, look what you have done,” nothing else.

Professor Jonathan Hyman, in forwarding this lovely snippet to me, noted that this sounds a lot like part of a Restorative Justice process. I agree. Since Madoff will never be able to pay his victims back or help them put their lives back together, perhaps the best punishment is to be reminded daily of how many lives he ruined.

Cross posted at Indisputably.

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Mediator Ethics Opinions

I just received this notice from the ABA and thought that they are offering a great service, so I wanted to pass this along.

The ABA Section of Dispute Resolution Ethics Committee has created a national clearinghouse for mediator ethics opinions and decisions. The clearinghouse provides a searchable database with hundreds of opinions on mediator ethics. It includes public domain opinions from 43 states, thus providing the first place to consult for ethical guidance on the practice of mediation.

The clearinghouse is available on the ABA Section of Dispute Resolution web site at: http://www.abanet.org/dispute/clearinghouse.html.

 

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