Tribal Law

Before the Europeans arrived in the Americas, the Indigenous Tribes had their own languages, customs, and legal systems. These legal systems were completly new to the Europeans, because they did not focus on the Anglo norms of ctime and punsihment, instead, they focused on the restoration of peace and tranquility within the tribe. When any members had a disagreement, they would present the problem to the tribal elders who would sit with the two parties and their families and simply talk; they would talk until a unified decision could be made. This unanimous decision would be the final one, no one could undermine the decision of the elders. This custom was called the Peacemaking Circle and wasso alien to the invading Europeans, they saw the Indigenous People as savages, desperatly in need of salvation.

The Effectiveness of the Law in Achieving Justice for Indigenous People In relation to Australia, the term ‘Indigenous peoples’ refers to two distinct cultures of people who inhabited the land prior to European settlement – The Aboriginals and the Torres Strait Islanders. This population declined dramatically over the 19th and early 20th century due to the introduction of new diseases from European settlement, Government policies of dispersal and dispossession, the era of protection, assimilation and integration causing a cultural disruption and disintegration of the Indigenous peoples. In the 20th century the recognition and protection of Indigenous peoples land rights and human rights have been

Alaska faces a variety of different problems. One of the main concerns of Alaskans is the abuse of drugs and alcohol (Alcohol and Drug Abuse). Abusing these substances causes a lot of wrongdoing in communities and creates obstacles that dramatically affect the people of Alaska, especially in rural areas. Tribal courts across the state attempt to resolve these problems by establishing an array of different rules and regulations to help protect the Alaskan people. Without community support- change is not ensured (Tanana Chiefs 95).

Tribal Crime and Justice was an interesting topic to research because this is something that one does not think about. One does not really hear about Native Americans in data or statistics, and if so, the percentage or numbers are relatively low or their Race is not even noted. This study was conducted to take a look into policing in Indian Nations to better comprehend their laws and to view a future cross deputization agreement between tribal policing and local, county, and state policing. This topic caught my attention because I notice that the reporting information can be misleading and the tribal police officers need to not only be involved in Indian Country but on non-reservation land too. Researchers must understand and into consideration

In 1946, after decades of debate, the U.S. Congress passed the Indian Claims Commission Act (“ICCA”) for the purpose of creating a process to expedite the resolution of tribal claims. The ICCA authorized the

Many scholars insist on that fact that when it comes to peace building healing and need to go together, "especially when the groups that have engaged in violence against each other continue to live together." There is an interactive linkage between trauma healing and reconciliation. The beginning of healing is generally considered to enhance the possibility of reconciliation, while reconciliation furthers the possibility of healing. The processes of reconciliation and healing actually appear to be cyclical and reinforce each other, from one generation to the next, ultimately contributing to the prevention of future violence. First, reconciliation processes can be demanding both cognitively and emotionally. Hence, it is important that immediate emotional needs are attended to. In the words of Hizkias Assefa, “Individuals need to heal from wounds that result from being harmed, but also from having harmed others, or being a member of a group that has harmed others.”

In the early years, George Washington believed that the best way to solve the “Indian Problem” was to simply “civilize” the Native Americans. The Goal was to convert them to Christianity, learn to speak and read English and adopt European-style economic practices like Individual ownership of land and other property. Some of the Tribes embraced these customs and become known as the “Five Civilized Tribes”. (www.history.com)

As established in the Marshall Trilogy (Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832)), Indian tribes are “domestic dependent nations” possessing an inherent sovereign right that is only subject to Congressional plenary power due to the doctrine of discovery. The degree to which sovereignty applies varies on a tribal-specific basis, especially in the scope of tribal-state gaming compacting. In the previous section concerning historical considerations of Indian gaming, it should be noted that the sovereignty of tribes to regulate their gaming was greatly influenced by the fact that tribes did not wager in a way that threatened non-tribal parties at

Following the creation of Iraq in 1932, the Iraqi government has continued to this day to check any Kurdish advancement in the political spectrum. The Iraqi government uses many tactics to do this including cultural discernment, murder, and genocide (“Prejudice in Iraq” 9). In the 1960s the Iraqi Kurdish Democratic Party (IKDP) led by Mustafa al-Barzani led a failed insurgency against the newly established Ba’ath Party(“Kurd” 4; “Prejudice in Iraq” 10). The repercussions of which resulted in the deaths of sixty thousand people and forced hundreds of thousands to leave their decimated villages. In the mid-1970s another resistance formed that included Iranian support. But after an agreement between Iraq and Iran, the Kurdish opposition crumbled (“Kurd” 4) resulting in over 200,000 Kurds displaced. Iraq also sent captured Kurds to concentration camps and destroyed their villages (Goldman

For the Indian law, the main four points described are: they are classified as “independent entities with inherent powers of self-government, tribes’ independence is subject to exceptionally great powers of Congress, the power to deal and regulate the

This process reflected the historic ebb and flow of tribal power, as well as the political durability of tribal structures able to broker allegiance for privileged influence. Powerful Sunni tribes and tribal confederations like the Jubur, Dulaym, Tayy, Khazraj, al-Azza, Harb, Maghamis, Mushahadah, Luhayb, and Ubayd became accustomed to receiving significant money and autonomy, as well as privileged positions within government (Otterman, 2003). Giving them these benefits in exchange for their allegiance benefited Hussein, however it also established these tribes as power brokers within the context of post-invasion Iraq, something bound to hinder the development of Iraqi democracy and nationalism. If Sunni tribes, representing a third of the Iraqi population, could choose which government to support or require exclusive privileges from their continued acquiescence, the prospect of forming an effective Iraqi democracy seemed to require strengthening the central government by weakening the tribes. However, the ongoing Iraqi insurgency, largely fueled by the same Sunni tribes, drove the United States into adopting policies the reinforced tribal power. The became particularly evident in the 2007-2008 period when the United States

The processes can be as local as local neighborhoods working together on some common issues such as community safety or what to do about drugs in the locality or even on issues such as local areas for children to play together. When people decide it is possible to work together Locally in base that way would not have in the past then reconciliation process are under way.in interface localities the working Together faces the challenges of reaching out across old divides and Transforming The space that was once a place for violent encounter to become spaces of creative engagement and growing interest in and understanding of each other. Reconciliation does not happen quickly and it does not always happen easily and it certainly is not a linear process with only goal in view. In all of it is important to note that Lederach argues ,and he has been involved in more peacebuilding and reconciliation processes then more, that resolving or finding a way out of the conflict can take as long as

Not given a single international treaty that defines and specifies the crime of ethnic cleansing, we should refer to customary law (or treaties codified correspondingly) to rule this criminal. However, there exists one vital thing we have to consider when

In recent weeks the administration -- in effect acknowledging the failure of its own efforts -- has turned to U.N. representative Lakhdar Brahimi to develop a formula for an interim Iraqi government that each of the major Iraqi factions can accept. It is vital that Brahimi accomplish this mission, but the odds are long, because tensions have been allowed to build and distrust among the various Iraqi groups runs deep. The United States can bolster Brahimi’s limited leverage by saying in advance that we will support any plan he proposes that gains the support of Iraqi leaders. Moving forward, the administration must make the United Nations a full partner responsible for developing Iraq’s transition to a new constitution and government. We also need to renew our effort to attract international support in the form of boots on the ground to create a climate of security in Iraq. We need more troops and more people who can train Iraqi troops and assist Iraqi police.

Many participants view sectarianism as the underlying barrier to improving lives, strengthening the economy, resolving the security situation, and fighting ISIS. Sectarian tensions affect atti-tudes toward Iraqi leaders and democracy in general. For example, many Sunni and Kurd par-ticipants worry that Abadi will only represent Shia interests and think that someone coming from Maliki’s party, Da’wa, will focus more attention on those within his sect and ignore the needs of others. An Erbil Kurdish woman says, “Al-Abadi is from the same political party as al-Maliki and they have the same ideas and politics. They are doing the