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8 Amsterdam L.F. 1 (2016)

handle is hein.journals/amslawf8 and id is 1 raw text is: AMSTERDAM LAW FORUM VU UNIVERSITY AMSTERDAM Editorial Preface Lana G.P. Bosch The publication of the 2016 Spring Issue marks a new beginning of sorts for Amsterdam Law Forum. The late formation of our current team has illuminated the weaknesses in transitioning from one board to the next after each academic year. This is a problem that ALF is now addressing to ensure the smooth continuity of this young journal that holds so much potential and promise: its potential to truly serve as a forum that facilitates the interaction of different disciplines, from people of varying expertise, tackling issues relevant to international and transnational law; and its promise of serving as a stepping stone for the careers of rising academics. Despite a very late start, the tenacity of the team will see the publication of three issues this academic year, paving the way for it to once again be a consistent quarterlyjournal in the years to come. This first issue opens with a scientific article by Dr. Ahmed Ali M. Khavre. The article, divided into three parts, investigates how human rights violations could be best redressed in collapsed states, specifically, in the state of Somalia. In Part I, the author considers the failure of Somali stakeholders and the international community to address human rights violations during reconciliation conferences, and brings two opposing views into discourse. The first is that ,justice, referring to the prosecution of perpetrators of human rights violations, is a necessary element of lasting peace. The second is the view that peace takes precedence, and that attempts at criminal prosecution would only hamper peace negotiations, which suggests the incompatibility of pursuing both justice and peace simultaneously. In Part II, Khayre addresses different transitional justice mechanisms, and investigates the feasibility of each mechanism's successful implementation. The author finds that such successful implementation hinges on the existence of a functioning government, and is therefore, not possible in collapsed states. In Part III, the author addresses the question of whether universal jurisdiction is a suitable option to deal with human rights violations. Khayre ultimately argues that whilst it may be an effective tool in some cases, it would inadequately contribute to reconciliation or the pursuance of peace and system reform in collapsed states, which have experienced prolonged violence, as is the case in Somalia. The article concludes by suggesting the adoption of policies and mechanisms that deal with the past and make preparations for the future, as opposed to the incoherent application of accountability mechanisms. The second scientific article, by Stella Ageli, examines the conduct of private military companies in conflict areas. Through an analysis of the conduct of Executive Outcomes in Angola, MPRI in the Former Yugoslavia, and Blackwater in Iraq, the author argues that these companies themselves were perpetrators of war crimes. In doing so, Ageli prompts the reader to question the traditional perspective that only States or its agents are subjects seen as capable of violating international law.

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