Stay the Hand of Vengeance is a useful overview of a difficult
political issue, the prosecution of war crimes from the end of
the Napoleonic wars to the Kosovo war. Bass rarely strays into
describing the proceeding themselves nor the events that caused
them, with the exception of the chapter on Bosnia. At the core
of his book is "legalism", the notion that war criminals should
be tried, rather than, for example, simply executed on sight or
exiled. Bass examines legalism through a series of case studies,
from the British discussion of how Napoleon and his protˇgˇs should
have been brought to justice to the tortured response to war crimes
in the former Yugoslavia and the Hague tribunal. Legalism sounds
desirable, but as Bass argues, it is subject inevitably to a State's
self interests, such as the concern by the U.S. government not
to put American soldiers' lives at risk in Bosnia to capture war
criminals who had harmed Bosnians, not Americans. Bass mounts
an important and effective defence of war crimes tribunals, in
particular of Nuremberg. He argues against the lazy relativism
that calls Nuremberg "victor's justice", showing how much effort
was made to give the German defendants a fair trial. Unfortunately,
the chapter on Nuremberg drags, in part because the material is
so familiar. The chapter on the Hague suffers from a similar problem
and at one point is more a discussion of Dayton than of war crimes.
By contrast, the chapters on Napoleon and the Constantinople tribunal,
set up to try Ottoman war criminals after the First World War,
are powerful and important contributions to understanding earlier,
failed attempts to deal with war crimes. Although Bass acknowledges
his debt to James P. Willis' work, his coverage of the Leipzig
tribunal, at which Germans accused of atrocities during the First
World War were half-heartedly tried, is excellent. Bass argues
that one of the lessons of the Leipzig tribunal is that failed
war crimes trials can provoke a nationalist backlash. This argument
can be overdone. Leipzig was just one of many resentments manipulated
by German nationalists in their successful attempt to portray
Germans as the victims rather than the victimisers of the First
World War. By contrast, the Constantinople tribunal helped stimulate
an inward looking Turkish nationalism which avoided foreign entanglements
and foreign influence. In the long run, however, the failure to
prosecute war criminals for the Armenian genocide may have created
a sense of impunity for human rights violations in Turkey, something
which has undermined domestic rather than international stability.
Bass consistently asks why liberal states try, and sometimes fail,
to live up to their liberal principles. The problem is that this
question only really concerns two countries: the U.S. and Britain.
Yet war crimes tribunals cannot work without broader international
support, which poses the question as to how the liberal states
such as Britain and the U.S. secure broader international backing
for tribunals. Theoretical issues, such as what constitutes a
war crime, are avoided. All of the cases which Bass examines are
those of criminal wars pursued in a criminal manner. A war crime,
in the sense in which Bass examines it, is therefore the opposite
of the just war, a corollary which might have been fruitfully
explored. A major gap in the book is the scant coverage of the
Arusha tribunal in Tanzania, set up by the UN to try those responsible
for the 1994 genocide in Rwanda. Here Bass misses an important
opportunity to analyse liberal states acting in a less than liberal
manner by ignoring the butchery that took place in Rwanda. France
helped to train those responsible for the genocide and then launched
a so-called "humanitarian intervention" to help them escape. The
U.S. refused to call the killings a "genocide" until they had
ended, for fear that it might be forced to intervene. Bass' careful
work in American, British and French archives sets a high standard
for others in the field. Retribution for war crimes is, like the
construction of memory, becoming a "hot" academic issue. In the
same way that researching post-war memorialization is easier than
studying the war itself, so post-war tribunals are a more straightforward
issue to examine than the crimes themselves. Bass shows that this
drift towards studying how we deal with the past as opposed to
the past itself need not be shallow, but can, instead, be based
on a solid foundation of primary research. Ultimately, as Bass
rightly acknowledges, what prevents war crimes is not the threat
of prosecution but the willingness of liberal states to fight
and win wars against criminal regimes. So while how and why crimes
are punished is important, why and in what circumstances we are
willing to prevent them will remain a greater concern. Andrew
Apostolou is a historian at St. Antony's College, Oxford.a so-called
"humanitarian intervention" to help them escape. The U.S. refused
to call the killings a "genocide" until they had ended, for fear
that it might be forced to intervene. Bass' careful work in American,
British and French archives sets a high standard for others in
the field. Retribution for war crimes is, like the construction
of memory, becoming a "hot" academic issue. In the same way that
researching post-war memorialization is easier than studying the
war itself, so post-war tribunals are a more straightforward issue
to examine than the crimes themselves. Bass shows that this drift
towards studying how we deal with the past as opposed to the past
itself need not be shallow, but can, instead, be based on a solid
foundation of primary research. Ultimately, as Bass rightly acknowledges,
what prevents war crimes is not the threat of prosecution but
the willingness of liberal states to fight and win wars against
criminal regimes. So while how and why crimes are punished is
important, why and in what circumstances we are willing to prevent
them will remain a greater concern. Andrew Apostolou is a historian
at St. Antony's College, Oxford.
This
excerpt is from Gary Bass' book, "Stay the Hand
of Vengence: The Politics of War Crimes Tribunals ".
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