A failed restorative justice in Libya is described. Shooting breaks out in a reconciliation meeting. The shooting spirals into a 'small town war' (van Klinken, 2007). The State's inability to ensure security for the reconciliation, and to stand behind enforcement of the agreement, was a problem. The first lesson in the logic of deterrence from the case is that where deterrence is most needed, it is most dangerous. Secondly, the logic of restorative justice is that where it is hardest to do, it is most important to do. In places like Libya, traditional tribal justice informed by evidence based restorative justice is imperative for smothering sparks that might reignite civil war. It is also important in transitional zones beyond state authority for controlling transnational crime and terrorism.
|Publication status||Published - 2014|