|
International
Criminal Tribunals: Hard-Won Progress in the Pursuit of Justice
In this issue of the Crimes of War Magazine, we look at recent
developments in international criminal law from a myriad of
viewpoints:
- To give our readers some historical context for the recent
establishment of war crimes courts, we have put together
a timeline of international humanitarian law, which chronicles
the major developments leading up to today’s tribunals.
- Dr. Kelly Askin analyzes the precedents established by
the International Tribunals for the former Yugoslavia and
Rwanda (ICTY and ICTR, respectively) which, in addition
to prosecuting for genocide, rape, and enslavement, made
groundbreaking rules for the protection of victims and witnesses,
and for balancing the rights of the victims against the
rights of the accused.
- Joel Rubin expounds on the delay of justice in East Timor,
which he attributes not only to a weak legal infrastructure,
but also to a lack of determination on the part of the United
Nations and the Indonesian government.
- In Sierra Leone, a "special court" holds out the promise
of a new template for the prosecution of war crimes. Michelle
Sieff analyzes the particulars of this joint UN-domestic
tribunal which, for the first time in international legal
proceedings, will try suspects under the age of 18. She
also examines the difficulties of conducting trials in the
midst of an ongoing war, the need for greater international
funding cooperation, and the embargo on Sierra Leone's diamonds.
- The searing legacies of terror, and the ways in which
these complicate the pursuit of justice, are brought home
in Eric Stover’s "The Dreamtime of Vengeance in Kosovo."
- Louise Mushikiwabo, whose family was killed in the Rwandan
genocide, writes about what the work of the tribunals means
to her in “One Woman's pursuit of Justice.”
- The emergence of Non-Governmental Organizations as crucial
in the gathering of evidence is discussed by Hugh Griffiths.
- Finally, Anne Marie Slaughter and David Bosco write about
how many victims of war crimes are turning to US courts
to prosecute their perpetrators through a little-known law
that has been on U.S. books since 1789 called the Alien
Tort Claims Act.
- Our issue also includes four book excerpts:
- Gary Bass, provides historical and political context in
which the Nuremberg Trials were created with Stay the Hand
of Vengeance: The Politics of War Crimes Tribunals
- Elizabeth Neuffer, who covered the Balkans for The Boston
Globe, looks at a trial and its aftermath on the ground
in Bosnia in her upcoming book, The Key to My Neighbor's
House.
- Cartoonist Joe Sacco looks at life inside a besieged Bosnian
enclave in Safe Area Gorazde.
- Leslie Fratkin provides a look at war through the eyes
of nine Sarajevan photographers chronicling the destruction
of their won city in Sarajevo Self-portrait.
WE hope this issue will help shed light on whether or not the
new impetus to prosecute war crimes represents a new international
commitment to mete out justice in the wake of atrocities. CWP
is closely monitoring these developments and will provide updates,
analyses, and testimony as events unfold. Pin the meantime,
please share your thoughts with us at [email protected].
|
