Dame Janice highlights courts’ role in conflict prevention

Former Chief Justice of the Eastern Caribbean Supreme Court (ECSC) Dame Janice Pereira has called for restraint and measured approaches to addressing conflict, emphasising the dangers of unchecked societal disputes.

Speaking during a special lecture on “Law and Society: The Courts and Conflict Resolution”, Dame Janice highlighted the role of law and courts in maintaining societal balance and preventing escalation.

Addressing an audience that included Premier Dr Natalio Wheatley and other distinguished guests, Dame Janice expressed concerns about rising violence and unrest worldwide, including in the Virgin Islands. She underscored the importance of peaceful resolutions, saying, “Conflicts abound… For humanity, engagement in wars or violence as a means of settling disputes should never be the answer.”

In her lecture, she reiterated the role of courts as arbiters in resolving conflicts, likening courts to referees who ensure disputes are resolved fairly. However, she acknowledged that courts alone cannot address all conflicts.

She noted that, while courts are vital to the observance and preservation of the rule of law, “It has long been recognised that resolution of disputes by a final determination of a court is not necessarily enough. It may not lead to peace in all cases,” she stated.

Courts bogged down

Dame Janice commented that many courts have become bogged down given the sheer number of disputes and other constraints. As a result, she stated, “What has developed and has been embraced by the courts and members of society are alternate means of dispute resolution, commonly referred to as ADR.”

Dame Janice noted that while conflict is a natural part of human society, unchecked disputes can lead to significant harm if not properly managed. Drawing parallels between global conflicts and local issues, she cited the ongoing war between Russia and Ukraine as an example of conflict that resulted in “much human suffering”.

She mentioned the explosion of violent crimes in the Caribbean, particularly gun violence, which has now become a public health issue. Dame Janice also cautioned against the misuse of modern technologies like social media and artificial intelligence, pointing out their potential to fuel conflicts through misinformation.

“The ICT revolution has brought about many changes which benefit us all, such as the ease of communication and making us more efficient, but it is undeniable that it has also brought about many challenges,” she warned. She called for regulations and guardrails through effective and robust regulations to prevent these technologies’ harmful impacts.