Trials and Errors: Principle and Pragmatism in Strategies of International Justice

International Security

Volumn 28, Issue 3, 2003, Pages 5-44

  Snyder, Jack ^a   Vinjamuri, Leslie ^b  

^a Columbia University ^*  (United States)

^b GEORGETOWN UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 1842554796     PISSN: 01622889     EISSN: None     Source Type: Journal    
DOI: 10.1162/016228803773100066     Document Type: Review

References (157)

1. Ann Marie Clark, Diplomacy of Conscience: Amnesty International and Changing Human Rights Norms (Princeton, N.J.: Princeton University Press, 2001). We address violations of both international human rights law, which applies to all people at all times, and international humanitarian law, which concerns the actions of combatants during military conflict. For details, see Geoffrey Best, War and Law since 1945 (Oxford: Clarendon, 1994); and Roy Gutman and David Rieff, eds., Crimes against War: What the Public Should Know (New York: W.W. Norton, 1999).
2. Ann Marie Clark, Diplomacy of Conscience: Amnesty International and Changing Human Rights Norms (Princeton, N.J.: Princeton University Press, 2001). We address violations of both international human rights law, which applies to all people at all times, and international humanitarian law, which concerns the actions of combatants during military conflict. For details, see Geoffrey Best, War and Law since 1945 (Oxford: Clarendon, 1994); and Roy Gutman and David Rieff, eds., Crimes against War: What the Public Should Know (New York: W.W. Norton, 1999).
3. Ann Marie Clark, Diplomacy of Conscience: Amnesty International and Changing Human Rights Norms (Princeton, N.J.: Princeton University Press, 2001). We address violations of both international human rights law, which applies to all people at all times, and international humanitarian law, which concerns the actions of combatants during military conflict. For details, see Geoffrey Best, War and Law since 1945 (Oxford: Clarendon, 1994); and Roy Gutman and David Rieff, eds., Crimes against War: What the Public Should Know (New York: W.W. Norton, 1999).
4. On proposals for international tribunals, see Neil J. Kritz, "Coming to Terms with Atrocities: A Review of Accountability Mechanisms for Mass Violations of Human Rights," Law and Contemporary Problems (Duke University School of Law), Vol. 59, No. 4 (Autumn 1996), pp. 127-152; Martha Minow, Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence (Boston: Beacon, 1998), pp. 24-51; as well as the numerous publications by Human Rights Watch, Amnesty International, and the Coalition for International Justice. See also the sources cited in the balanced critical commentary by Gary Jonathan Bass, Staying the Hand of Vengeance: The Politics of War Crimes Tribunals (Princeton, N.J.: Princeton University Press, 2000), pp. 284-310.
5. On proposals for international tribunals, see Neil J. Kritz, "Coming to Terms with Atrocities: A Review of Accountability Mechanisms for Mass Violations of Human Rights," Law and Contemporary Problems (Duke University School of Law), Vol. 59, No. 4 (Autumn 1996), pp. 127-152; Martha Minow, Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence (Boston: Beacon, 1998), pp. 24-51; as well as the numerous publications by Human Rights Watch, Amnesty International, and the Coalition for International Justice. See also the sources cited in the balanced critical commentary by Gary Jonathan Bass, Staying the Hand of Vengeance: The Politics of War Crimes Tribunals (Princeton, N.J.: Princeton University Press, 2000), pp. 284-310.
6. On proposals for international tribunals, see Neil J. Kritz, "Coming to Terms with Atrocities: A Review of Accountability Mechanisms for Mass Violations of Human Rights," Law and Contemporary Problems (Duke University School of Law), Vol. 59, No. 4 (Autumn 1996), pp. 127-152; Martha Minow, Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence (Boston: Beacon, 1998), pp. 24-51; as well as the numerous publications by Human Rights Watch, Amnesty International, and the Coalition for International Justice. See also the sources cited in the balanced critical commentary by Gary Jonathan Bass, Staying the Hand of Vengeance: The Politics of War Crimes Tribunals (Princeton, N.J.: Princeton University Press, 2000), pp. 284-310.
7. Martha Finnemore and Kathryn Sikkink, "International Norm Dynamics and Political Change," International Organization, Vol. 52, No. 4 (Autumn 1998), pp. 887-917, especially p. 898, Table 1; and Kenneth Roth, "The Case for Universal Jurisdiction," Foreign Affairs, Vol. 80, No. 5 (September 2001), pp. 150-154. Roth is director of Human Rights Watch.
8. Martha Finnemore and Kathryn Sikkink, "International Norm Dynamics and Political Change," International Organization, Vol. 52, No. 4 (Autumn 1998), pp. 887-917, especially p. 898, Table 1; and Kenneth Roth, "The Case for Universal Jurisdiction," Foreign Affairs, Vol. 80, No. 5 (September 2001), pp. 150-154. Roth is director of Human Rights Watch.
9. Stephen John Stedman, "Spoiler Problems in Peace Processes," International Security, Vol. 22, No. 2 (Fall 1997), pp. 5-53.
10. On institutionalization of the rule of law as a precondition for successful human rights promotion, see Tonya Putnam, "Human Rights and Sustainable Peace," in Stephen John Stedman, Donald Rothchild, and Elizabeth Cousens, eds., Ending Civil Wars: The Implementation of Peace Agreements (New York: Lynne Rienner, 2002), pp. 237-271; and Michael Ignatieff, Human Rights as Politics and Idolatry, ed. Amy Gutmann (Princeton, N.J.: Princeton University Press, 2001), pp. 25, 40.
11. On institutionalization of the rule of law as a precondition for successful human rights promotion, see Tonya Putnam, "Human Rights and Sustainable Peace," in Stephen John Stedman, Donald Rothchild, and Elizabeth Cousens, eds., Ending Civil Wars: The Implementation of Peace Agreements (New York: Lynne Rienner, 2002), pp. 237-271; and Michael Ignatieff, Human Rights as Politics and Idolatry, ed. Amy Gutmann (Princeton, N.J.: Princeton University Press, 2001), pp. 25, 40.
12. James G. March and Johan P. Olsen, Rediscovering Institutions: The Organizational Basis of Politics (New York: Free Press, 1989), chap. 2; and Finnemore and Sikkink, "International Norm Dynamics and Political Change," pp. 909-915.
13. James G. March and Johan P. Olsen, Rediscovering Institutions: The Organizational Basis of Politics (New York: Free Press, 1989), chap. 2; and Finnemore and Sikkink, "International Norm Dynamics and Political Change," pp. 909-915.
14. E. Tory Higgins, "Making a Good Decision: Value from Pit," American Psychologist, Vol. 55, No. 11 (November 2000), pp. 1217-1230; and Christopher Camacho, E. Tory Higgins, and Lindsay Luger, "Moral Value Transfer from Regulatory Fit: 'What Feels Right Is Right' and 'What Feels Wrong Is Wrong,'" Journal of Personality and Social Psychology, Vol. 84, No. 3 (March 2003), pp. 498-510.
15. E. Tory Higgins, "Making a Good Decision: Value from Pit," American Psychologist, Vol. 55, No. 11 (November 2000), pp. 1217-1230; and Christopher Camacho, E. Tory Higgins, and Lindsay Luger, "Moral Value Transfer from Regulatory Fit: 'What Feels Right Is Right' and 'What Feels Wrong Is Wrong,'" Journal of Personality and Social Psychology, Vol. 84, No. 3 (March 2003), pp. 498-510.
16. Finnemore and Sikkink, "International Norm Dynamics and Political Change," pp. 896-899.
17. See William F. Schulz, In Our Own Best Interest: How Defending Human Rights Benefits Us All (Boston: Beacon, 2001). Schultz is the executive director of Amnesty International USA. On a philosophical plane, see Thomas Nagel, "War and Massacre," in Samuel Scheffer, ed., Consequentialism and Its Critics (Oxford: Oxford University Press, 1988), p. 60.
18. See William F. Schulz, In Our Own Best Interest: How Defending Human Rights Benefits Us All (Boston: Beacon, 2001). Schultz is the executive director of Amnesty International USA. On a philosophical plane, see Thomas Nagel, "War and Massacre," in Samuel Scheffer, ed., Consequentialism and Its Critics (Oxford: Oxford University Press, 1988), p. 60.
19. John F. Burns, "Political Realities Impeding Full Inquiry into Afghan Atrocity," New York Times, August 29, 2002.
20. Finnemore and Sikkink, "International Norm Dynamics and Political Change," pp. 910-914.
21. Ibid., p. 881.
22. Ibid., p. 913; more generally, see Alexander Wendt, Social Theory of International Politics (Cambridge: Cambridge University Press, 1999).
23. Ibid., p. 913; more generally, see Alexander Wendt, Social Theory of International Politics (Cambridge: Cambridge University Press, 1999).
24. Finnemore and Sikkink, "International Norm Dynamics and Political Change," p. 914.
25. Ibid., pp. 912-913.
26. Margaret Keck and Kathryn Sikkink, Activists beyond Borders: Transnational Advocacy Networks in International Politics (Ithaca, N.Y.: Cornell University Press, 1998), pp. 16-25.
27. Thomas Risse and Kathryn Sikkink, "The Socialization of International Human Rights Norms into Domestic Practice," in Risse, Stephen C. Ropp, and Sikkink, eds., The Power of Human Rights: International Norms and Domestic Change (Cambridge: Cambridge University Press, 1999), pp. 5, 11-12.
28. Keck and Sikkink, Activists beyond Borders, pp. 23-24.
29. Risse and Sikkink, "The Socialization of International Human Rights Norms into Domestic Practice," pp. 25-28, 34-35.
30. Finnemore and Sikkink, "International Norm Dynamics and Political Change," pp. 904-905.
31. Ellen Lutz and Kathryn Sikkink, "International Human Rights Law and Practice," International Organization, Vol. 54, No. 3 (Summer 2000), pp. 633-651, especially p. 644.
32. Judith N. Shklar, Legalism: Law, Morals, and Political Trials (Cambridge, Mass.: Harvard University Press, 1964), p. 1; see also Ruti Teitel, "Bringing the Messiah through the Law," in Carla Hesse and Robert Post, eds., Human Rights in Political Transitions: Gettysburg to Bosnia (New York: Zone Books, 1999).
33. Judith N. Shklar, Legalism: Law, Morals, and Political Trials (Cambridge, Mass.: Harvard University Press, 1964), p. 1; see also Ruti Teitel, "Bringing the Messiah through the Law," in Carla Hesse and Robert Post, eds., Human Rights in Political Transitions: Gettysburg to Bosnia (New York: Zone Books, 1999).
34. Roth, "The Case for Universal Jurisdiction."
35. For historical background, see Lawrence Weschler, "Exceptional Cases in Rome: The United States and the Struggle for an ICC," pp. 85-111, and David J. Scheffer, "The U.S. Perspective on the ICC," pp. 115-118, both in Sarah B. Sewall and Carl Kaysen, eds., The United States and the International Criminal Court (New York: Rowman and Littlefield, 2000).
36. For historical background, see Lawrence Weschler, "Exceptional Cases in Rome: The United States and the Struggle for an ICC," pp. 85-111, and David J. Scheffer, "The U.S. Perspective on the ICC," pp. 115-118, both in Sarah B. Sewall and Carl Kaysen, eds., The United States and the International Criminal Court (New York: Rowman and Littlefield, 2000).
37. Greenberg Research, The People on War Report: ICRC Worldwide Consultation on the Rules of War (Geneva: International Committee of the Red Cross, October 1999), http://www.icrc.org/web/eng/siteeng0.nsf/iwpList74/ B1C2D1622A51A9F4C1256C550043C232.
38. Ibid., p. 32.
39. Ibid., p. 33.
40. Neil J. Kritz, "War Crime Trials: Who Should Conduct Them - and How?" in Belinda Cooper, ed., War Crimes: The Legacy of Nuremberg (New York: TV Books, 1999), pp. 168-182.
41. Roth, "The Case for Universal Jurisdiction," p. 153.
42. "Macedonia Bolsters Albanian Rights: After Constitutional Change, Amnesty Is Declared for Former Rebels," International Herald Tribune, November 17-18, 2001.
43. Timothy Garton Ash, "Is There a Good Terrorist?" New York Review of Books, November 29, 2001, pp. 30-33; and "Macedonia Is Seeking Control of Land Harboring Ex-Rebels, New York Times, November 26, 2001, p. A11.
44. Timothy Garton Ash, "Is There a Good Terrorist?" New York Review of Books, November 29, 2001, pp. 30-33; and "Macedonia Is Seeking Control of Land Harboring Ex-Rebels, New York Times, November 26, 2001, p. A11.
45. March and Olsen, Rediscovering Institutions, chap. 2.
46. For a different solution to this same problem, see Ruti G. Teitel, Transitional Justice (New York: Oxford University Press, 2000).
47. "Argentina Faces Its Past," Human Rights Watch, Monthly Update, August 2003, http://hrw.org/update/2003/08/#1.
48. If the ICC decided to prosecute despite a domestic amnesty, the UN Security Council could defer the indictment for one-year renewable periods if it determined that hearings would threaten peace and security. Regarding the prosecution of current officeholders, a 2003 ruling by the International Court of Justice invoked the doctrine of sovereign immunity in holding that a Belgian court could not try the Congolese foreign minister, Yerodia Ndombasi, for the 1998 killings of ethnic Tutsis because representatives of foreign governments are entitled to diplomatic immunity. More generally, Putnam, "Human Rights and Sustainable Peace," notes that, according to Yoram Dinstein and Mala Tabory, the permissibility of a recommendation for amnesty in a civil war "follows from Article 6(5) of the Additional Protocol to the Geneva Convention of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflict (Protocol II)." Dinstein and Tabory, eds., War Crimes in International Law (The Hague: Martinus Nijhoff, 1996), p. 319.
49. Elizabeth Kiss, "Moral Ambition Within and Beyond Political Constraints: Reflections on Restorative Justice," pp. 216-230, and Martha Minow, "The Hope for Healing; What Can Truth Commissions Do?" pp. 235-260, in Robert I. Rotberg and Dennis Thompson, eds., Truth v. Justice: The Morality of Truth Commissions (Princeton, N.J.: Princeton University Press, 2000).
50. Elizabeth Kiss, "Moral Ambition Within and Beyond Political Constraints: Reflections on Restorative Justice," pp. 216-230, and Martha Minow, "The Hope for Healing; What Can Truth Commissions Do?" pp. 235-260, in Robert I. Rotberg and Dennis Thompson, eds., Truth v. Justice: The Morality of Truth Commissions (Princeton, N.J.: Princeton University Press, 2000).
51. Vanessa Pupavac, "Therapeutic Governance: Psycho-Social Intervention and Trauma Risk Management," Disasters, Vol. 25, No. 4 (December 2001), pp. 358-372.
52. William J. Long and Peter Brecke, War and Reconciliation: Reason and Emotion in Conflict Resolution (Cambridge, Mass.: MIT Press, 2003), especially p. 31.
53. Roger Petersen, Understanding Ethnic Violence: Fear, Hatred, and Resentment in Twentieth-Century Eastern Europe (Cambridge: Cambridge University Press, 2002); and Donald L. Horowitz, The Deadly Ethnic Riot (Berkeley: University of California Press, 2001).
54. Roger Petersen, Understanding Ethnic Violence: Fear, Hatred, and Resentment in Twentieth-Century Eastern Europe (Cambridge: Cambridge University Press, 2002); and Donald L. Horowitz, The Deadly Ethnic Riot (Berkeley: University of California Press, 2001).
55. Jon Elster, Alchemies of the Mind: Rationality and the Emotions (Cambridge: Cambridge University Press, 1999); and Jeff Goodwin, Passionate Politics: Emotions and Social Movements (Chicago: University of Chicago Press, 2001), intro. and chaps. 1, 2.
56. Jon Elster, Alchemies of the Mind: Rationality and the Emotions (Cambridge: Cambridge University Press, 1999); and Jeff Goodwin, Passionate Politics: Emotions and Social Movements (Chicago: University of Chicago Press, 2001), intro. and chaps. 1, 2.
57. For a balanced view, see Stuart J. Kaufman, Modern Hatreds: The Symbolic Politics of Ethnic War (Ithaca, N.Y.: Cornell University Press, 2001).
58. For elaboration, see Elster, Alchemies of the Mind.
59. Peter Liberman, "Crime, Punishment, and War," paper presented at the annual meeting of the American Political Science Association, Philadelphia, Pennsylvania, August 28-31, 2003.
60. See the Human Rights Watch website on international criminal justice, October 2003, http://www.hrw.org/justice/about.php.
61. Kritz, "War Crime Trials"; and Teitel, Transitional Justice, pp. 28-30.
62. Kritz, "War Crime Trials"; and Teitel, Transitional Justice, pp. 28-30.
63. José E. Alvarez, "Crimes of States/Crimes of Hate: Lessons from Rwanda," Yale Journal of International Law, Vol. 24, No. 2 (Summer 1999), pp. 365-483.
64. Kritz, "Coming to Terms with Atrocities"; and Minow, Between Vengeance and Forgiveness.
65. Kritz, "Coming to Terms with Atrocities"; and Minow, Between Vengeance and Forgiveness.
66. For a normative discussion of amnesties and some historical examples, see W. James Booth, "The Unforgotten: Memories of Justice," American Political Science Review, Vol. 95, No. 4 (December 2001), pp. 783-785.
67. Using standard databases, we reviewed the following cases: Afghanistan, Angola, Bangladesh, Bosnia, Burundi, Cambodia, Chad, Colombia, Congo/Zaire, Croatia, East Timor, El Salvador, Ethiopia, Guatemala, Haiti, Indonesia, Iraq, Israel/Palestine, Ivory Coast, Kosovo, Liberia, Macedonia, Namibia, Northern Ireland, Peru, Russia/Chechnya, Rwanda, Sierra Leone, South Africa, Sri Lanka (Tamils and Janatha Vimukthi Peramuna [People's Liberation Front]), and Turkey/Kurds. For a table listing the justice strategies and outcomes of these cases, see Jack Snyder and Leslie Vinjamuri, "Principle and Pragmatism in Strategies of International Justice," paper delivered at the annual meeting of the American Political Science Association, Philadelphia, Pennsylvania, August 28-31, 2003. Data are drawn from MIT Cascon System for Analyzing International Conflict Database, July 2003, http://mit.edu/cascon; State Failure: Internal Wars and Failures of Governance, 1955-2001 Database (University of Maryland), July 2003, http://www.cidcm.umd.edu/inscr/stfail/sftable.htm; Project Ploughshares' Armed Conflicts Report 2002 Database, July 2003, http://www.ploughshares.ca/CONTENT/ACR/ACR00/ACR00.html; Dan Smith, "Counting Wars: The Research Implications of Definitional Decisions," paper presented at the annual meeting of the Uppsala Conflict Data Conference, Uppsala, Norway, June 8-9, 2001; R. Williams Ayres, VINC Project (Violent, Intrastate Nationalist Conflicts), July 2003, http://facstaff.uindy.edu/?bayres/vinc.htm; Freedom House, Freedom in the World 2003: The Annual Survey of Political Rights and Civil Liberties, August 2003, http://www.freedomhouse.org/research/index.htm; and Michael W. Doyle and Nicholas Sambanis, "Cases of Internal War and Peacebuilding Outcomes since 1944," in "International Peacebuilding: A Theoretical and Quantitative Analysis," August 22, 2000, American Political Science Association, p. 49, Table 1, http://www.worldbank.org/research/conflict/papers/peacebuilding/pbapsr_finalv4. pdf.
68. Using standard databases, we reviewed the following cases: Afghanistan, Angola, Bangladesh, Bosnia, Burundi, Cambodia, Chad, Colombia, Congo/Zaire, Croatia, East Timor, El Salvador, Ethiopia, Guatemala, Haiti, Indonesia, Iraq, Israel/Palestine, Ivory Coast, Kosovo, Liberia, Macedonia, Namibia, Northern Ireland, Peru, Russia/Chechnya, Rwanda, Sierra Leone, South Africa, Sri Lanka (Tamils and Janatha Vimukthi Peramuna [People's Liberation Front]), and Turkey/Kurds. For a table listing the justice strategies and outcomes of these cases, see Jack Snyder and Leslie Vinjamuri, "Principle and Pragmatism in Strategies of International Justice," paper delivered at the annual meeting of the American Political Science Association, Philadelphia, Pennsylvania, August 28-31, 2003. Data are drawn from MIT Cascon System for Analyzing International Conflict Database, July 2003, http://mit.edu/cascon; State Failure: Internal Wars and Failures of Governance, 1955-2001 Database (University of Maryland), July 2003, http://www.cidcm.umd.edu/inscr/stfail/sftable.htm; Project Ploughshares' Armed Conflicts Report 2002 Database, July 2003, http://www.ploughshares.ca/CONTENT/ACR/ACR00/ACR00.html; Dan Smith, "Counting Wars: The Research Implications of Definitional Decisions," paper presented at the annual meeting of the Uppsala Conflict Data Conference, Uppsala, Norway, June 8-9, 2001; R. Williams Ayres, VINC Project (Violent, Intrastate Nationalist Conflicts), July 2003, http://facstaff.uindy.edu/?bayres/vinc.htm; Freedom House, Freedom in the World 2003: The Annual Survey of Political Rights and Civil Liberties, August 2003, http://www.freedomhouse.org/research/index.htm; and Michael W. Doyle and Nicholas Sambanis, "Cases of Internal War and Peacebuilding Outcomes since 1944," in "International Peacebuilding: A Theoretical and Quantitative Analysis," August 22, 2000, American Political Science Association, p. 49, Table 1, http://www.worldbank.org/research/conflict/papers/peacebuilding/pbapsr_finalv4. pdf.
69. Using standard databases, we reviewed the following cases: Afghanistan, Angola, Bangladesh, Bosnia, Burundi, Cambodia, Chad, Colombia, Congo/Zaire, Croatia, East Timor, El Salvador, Ethiopia, Guatemala, Haiti, Indonesia, Iraq, Israel/Palestine, Ivory Coast, Kosovo, Liberia, Macedonia, Namibia, Northern Ireland, Peru, Russia/Chechnya, Rwanda, Sierra Leone, South Africa, Sri Lanka (Tamils and Janatha Vimukthi Peramuna [People's Liberation Front]), and Turkey/Kurds. For a table listing the justice strategies and outcomes of these cases, see Jack Snyder and Leslie Vinjamuri, "Principle and Pragmatism in Strategies of International Justice," paper delivered at the annual meeting of the American Political Science Association, Philadelphia, Pennsylvania, August 28-31, 2003. Data are drawn from MIT Cascon System for Analyzing International Conflict Database, July 2003, http://mit.edu/cascon; State Failure: Internal Wars and Failures of Governance, 1955-2001 Database (University of Maryland), July 2003, http://www.cidcm.umd.edu/inscr/stfail/sftable.htm; Project Ploughshares' Armed Conflicts Report 2002 Database, July 2003, http://www.ploughshares.ca/CONTENT/ACR/ACR00/ACR00.html; Dan Smith, "Counting Wars: The Research Implications of Definitional Decisions," paper presented at the annual meeting of the Uppsala Conflict Data Conference, Uppsala, Norway, June 8-9, 2001; R. Williams Ayres, VINC Project (Violent, Intrastate Nationalist Conflicts), July 2003, http://facstaff.uindy.edu/?bayres/vinc.htm; Freedom House, Freedom in the World 2003: The Annual Survey of Political Rights and Civil Liberties, August 2003, http://www.freedomhouse.org/research/index.htm; and Michael W. Doyle and Nicholas Sambanis, "Cases of Internal War and Peacebuilding Outcomes since 1944," in "International Peacebuilding: A Theoretical and Quantitative Analysis," August 22, 2000, American Political Science Association, p. 49, Table 1, http://www.worldbank.org/research/conflict/papers/peacebuilding/pbapsr_finalv4. pdf.
70. Using standard databases, we reviewed the following cases: Afghanistan, Angola, Bangladesh, Bosnia, Burundi, Cambodia, Chad, Colombia, Congo/Zaire, Croatia, East Timor, El Salvador, Ethiopia, Guatemala, Haiti, Indonesia, Iraq, Israel/Palestine, Ivory Coast, Kosovo, Liberia, Macedonia, Namibia, Northern Ireland, Peru, Russia/Chechnya, Rwanda, Sierra Leone, South Africa, Sri Lanka (Tamils and Janatha Vimukthi Peramuna [People's Liberation Front]), and Turkey/Kurds. For a table listing the justice strategies and outcomes of these cases, see Jack Snyder and Leslie Vinjamuri, "Principle and Pragmatism in Strategies of International Justice," paper delivered at the annual meeting of the American Political Science Association, Philadelphia, Pennsylvania, August 28-31, 2003. Data are drawn from MIT Cascon System for Analyzing International Conflict Database, July 2003, http://mit.edu/cascon; State Failure: Internal Wars and Failures of Governance, 1955-2001 Database (University of Maryland), July 2003, http://www.cidcm.umd.edu/inscr/stfail/sftable.htm; Project Ploughshares' Armed Conflicts Report 2002 Database, July 2003, http://www.ploughshares.ca/CONTENT/ACR/ACR00/ACR00.html; Dan Smith, "Counting Wars: The Research Implications of Definitional Decisions," paper presented at the annual meeting of the Uppsala Conflict Data Conference, Uppsala, Norway, June 8-9, 2001; R. Williams Ayres, VINC Project (Violent, Intrastate Nationalist Conflicts), July 2003, http://facstaff.uindy.edu/?bayres/vinc.htm; Freedom House, Freedom in the World 2003: The Annual Survey of Political Rights and Civil Liberties, August 2003, http://www.freedomhouse.org/research/index.htm; and Michael W. Doyle and Nicholas Sambanis, "Cases of Internal War and Peacebuilding Outcomes since 1944," in "International Peacebuilding: A Theoretical and Quantitative Analysis," August 22, 2000, American Political Science Association, p. 49, Table 1, http://www.worldbank.org/research/conflict/papers/peacebuilding/pbapsr_finalv4. pdf.
71. Using standard databases, we reviewed the following cases: Afghanistan, Angola, Bangladesh, Bosnia, Burundi, Cambodia, Chad, Colombia, Congo/Zaire, Croatia, East Timor, El Salvador, Ethiopia, Guatemala, Haiti, Indonesia, Iraq, Israel/Palestine, Ivory Coast, Kosovo, Liberia, Macedonia, Namibia, Northern Ireland, Peru, Russia/Chechnya, Rwanda, Sierra Leone, South Africa, Sri Lanka (Tamils and Janatha Vimukthi Peramuna [People's Liberation Front]), and Turkey/Kurds. For a table listing the justice strategies and outcomes of these cases, see Jack Snyder and Leslie Vinjamuri, "Principle and Pragmatism in Strategies of International Justice," paper delivered at the annual meeting of the American Political Science Association, Philadelphia, Pennsylvania, August 28-31, 2003. Data are drawn from MIT Cascon System for Analyzing International Conflict Database, July 2003, http://mit.edu/cascon; State Failure: Internal Wars and Failures of Governance, 1955-2001 Database (University of Maryland), July 2003, http://www.cidcm.umd.edu/inscr/stfail/sftable.htm; Project Ploughshares' Armed Conflicts Report 2002 Database, July 2003, http://www.ploughshares.ca/CONTENT/ACR/ACR00/ACR00.html; Dan Smith, "Counting Wars: The Research Implications of Definitional Decisions," paper presented at the annual meeting of the Uppsala Conflict Data Conference, Uppsala, Norway, June 8-9, 2001; R. Williams Ayres, VINC Project (Violent, Intrastate Nationalist Conflicts), July 2003, http://facstaff.uindy.edu/?bayres/vinc.htm; Freedom House, Freedom in the World 2003: The Annual Survey of Political Rights and Civil Liberties, August 2003, http://www.freedomhouse.org/research/index.htm; and Michael W. Doyle and Nicholas Sambanis, "Cases of Internal War and Peacebuilding Outcomes since 1944," in "International Peacebuilding: A Theoretical and Quantitative Analysis," August 22, 2000, American Political Science Association, p. 49, Table 1, http://www.worldbank.org/research/conflict/papers/peacebuilding/pbapsr_finalv4. pdf.
72. On the testimony of former British Member of Parliament Paddy Ashdown, see Marlise Simons, "Briton Gives Testimony on Warning to Milosevic," New York Times, March 17, 2002, p. 7.
73. Comments made by Aryeh Neier at a conference at Bard College, "Accounting for Atrocities," Annandale-on-Hudson, New York, October 5-6, 1998.
74. For a more positive view, see José E. Alvarez, "Rush to Closure: Lessons of the Tadic Judgment," Michigan Law Review, Vol. 96, No. 7 (June 1998), pp. 2031-2113; and Payam Akhavan, "Beyond Impunity: Can International Criminal Justice Prevent Future Atrocities?" American Journal of International Law, Vol. 95, No. 1 (January 2001), p. 16.
75. For a more positive view, see José E. Alvarez, "Rush to Closure: Lessons of the Tadic Judgment," Michigan Law Review, Vol. 96, No. 7 (June 1998), pp. 2031-2113; and Payam Akhavan, "Beyond Impunity: Can International Criminal Justice Prevent Future Atrocities?" American Journal of International Law, Vol. 95, No. 1 (January 2001), p. 16.
76. Chaim Kaufmann, "Possible and Impossible Solutions to Ethnic Civil Wars," International Security, Vol. 20, No. 4 (Spring 1996), pp. 136-175.
77. "A Survey of Voter Attitudes in B&H, Summary Report," National Democratic Institute for International Affairs, Bosnia and Herzegovina, May 31, 2002, p. 21.
78. "Serbia: Reform Constituency Shrinks," Results of the Nationwide Survey Conducted by Greenberg Quinlan Rosner Research, NDI, June 2002, p. 1.
79. International Republican Institute, November 2002 Serbian National Survey, Rob Autry and Gene Ulm, Public Opinion Strategies, slide 48.
80. Ibid., slide 50.
81. "Serbia: Reform Constituency Shrinks," p. 2.
82. Justice, Accountability, and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors (Berkeley and Sarajevo: Human Rights Center, International Human Rights Law Clinic, University of California, and Centre for Human Rights, University of Sarajevo, May 2000), p. 43. For similar views among Bosnian NGOs, see Kristin Cibelli and Tamy Guberek, "Justice Unknown, Justice Unsatisfied? Bosnian NGOs Speak about the International Criminal Tribunal for the Former Yugoslavia" (Medford, Mass.: Tufts University Project of Education and Public Inquiry and International Citizenship, 2000), http://www.epiic.com/class/justicereport.pdf, pp. 14-16.
83. Justice, Accountability, and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors (Berkeley and Sarajevo: Human Rights Center, International Human Rights Law Clinic, University of California, and Centre for Human Rights, University of Sarajevo, May 2000), p. 43. For similar views among Bosnian NGOs, see Kristin Cibelli and Tamy Guberek, "Justice Unknown, Justice Unsatisfied? Bosnian NGOs Speak about the International Criminal Tribunal for the Former Yugoslavia" (Medford, Mass.: Tufts University Project of Education and Public Inquiry and International Citizenship, 2000), http://www.epiic.com/class/justicereport.pdf, pp. 14-16.
84. Justice, Accountability, and Social Reconstruction, pp. 39, 41.
85. Ibid., p. 42
86. Misha Glenny, "The Death of Zoran Djindjic," New York Review of Books, July 17, 2003, pp. 32-34. For evidence that this killing was mainly about organized crime rather than international justice, see R. Jeffrey Smith, "Behind Murder of Serbian PM," Washington Post, November 6, 2003.
87. Misha Glenny, "The Death of Zoran Djindjic," New York Review of Books, July 17, 2003, pp. 32-34. For evidence that this killing was mainly about organized crime rather than international justice, see R. Jeffrey Smith, "Behind Murder of Serbian PM," Washington Post, November 6, 2003.
88. "Serbia-Montenegro's President Threatened over War Crimes Court: Death Threats from Nationalist Serb Group in the U.S.," Agence France-Presse, October 1, 2003.
89. For other Yugoslav examples, see Akhavan, "Beyond Impunity," p. 14.
90. Plavsic letter to Secretary-General Kofi Annan, January 2, 1997, Appendix B, in Human Rights Watch, Bosnia and Hercegovina: The Unindicted - Reaping the Rewards of "Ethnic Cleansing," Vol. 9, No. 1 (D) (January 1997), p. 71.
91. Misha Glenny, "Trials' Political and Financial Costs Questioned," Times (London), February 14, 2002, p. 15; see also "Special Report: Balkan War Crimes," Economist, February 9, 2002, p. 25.
92. Misha Glenny, "Trials' Political and Financial Costs Questioned," Times (London), February 14, 2002, p. 15; see also "Special Report: Balkan War Crimes," Economist, February 9, 2002, p. 25.
93. Akhavan, "Beyond Impunity," pp. 7-31.
94. Even after Tudjman's death, nationalists hindered the government's ability to cooperate with the ICTY. See Victor Peskin and Mieczyslaw P. Boduszynski, "International Justice and Domestic Politics: Post-Tudjman Croatia and the International Criminal Tribunal for the Former Yugoslavia, " Europe-Asia Studies, Vol. 55, No. 7 (November 2003), pp. 1118-1142.
95. International Crisis Group, "International Criminal Tribunal for Rwanda: Justice Delayed," Africa Report, June 7, 2001, pp. 7-8.
96. Ibid., pp. 8, 27; and Alvarez, "Crimes of States/Crimes of Hate," pp. 365-483.
97. Ibid., pp. 8, 27; and Alvarez, "Crimes of States/Crimes of Hate," pp. 365-483.
98. Sarah Kenyon Lischer, "Collateral Damage: Humanitarian Assistance as a Cause of Conflict," International Security, Vo. 28, No. 1 (Summer 2003), pp. 79-109.
99. Carlos Nino, Radical Evil on Trial (New Haven, Conn.: Yale University Press, 1996), p. 116.
100. For a critique of Kirchner's proposal, see Jackson Diehl, "Revisionist Justice in Argentina," Washington Post, September 1, 2003, p. A25.
101. By 1998, Freedom House had raised Ethiopia's rating on political rights and on civil rights to level 4 ("partly free"), on par with such countries as Armenia, Russia, and Senegal. Freedom House, Freedom in the World, 1998-99 (New York: Freedom House, 1998), pp. 182-184; and John Harbeson, "Elections and Democratization in Post-Mengistu Ethiopia," in Krishna Kumar, ed., Postconflict Elections, Democratization, and International Assistance (Boulder, Colo.: Lynne Rienner, 1998), pp. 111-132.
102. By 1998, Freedom House had raised Ethiopia's rating on political rights and on civil rights to level 4 ("partly free"), on par with such countries as Armenia, Russia, and Senegal. Freedom House, Freedom in the World, 1998-99 (New York: Freedom House, 1998), pp. 182-184; and John Harbeson, "Elections and Democratization in Post-Mengistu Ethiopia," in Krishna Kumar, ed., Postconflict Elections, Democratization, and International Assistance (Boulder, Colo.: Lynne Rienner, 1998), pp. 111-132.
103. Yacob Haile-Mariam, "The Quest for Justice and Reconciliation: The International Criminal Tribunal for Rwanda and the Ethiopian High Court," Hastings International and Comparative Law Review, Vol. 22, No. 4 (Summer 1999), pp. 667-745; and Todd Howland, "Learning to Make Proactive Human Rights Interventions Effective: The Carter Center and Ethiopia's Office of the Special Prosecutor," Wisconsin International Law Journal, Vol. 18, No. 2 (Spring 2000), p. 407.
104. Yacob Haile-Mariam, "The Quest for Justice and Reconciliation: The International Criminal Tribunal for Rwanda and the Ethiopian High Court," Hastings International and Comparative Law Review, Vol. 22, No. 4 (Summer 1999), pp. 667-745; and Todd Howland, "Learning to Make Proactive Human Rights Interventions Effective: The Carter Center and Ethiopia's Office of the Special Prosecutor," Wisconsin International Law Journal, Vol. 18, No. 2 (Spring 2000), p. 407.
105. Jennifer Widner, "Courts and Democracy in Postconflict Transitions: A Social Scientist's Perspective on the African Case," American Journal of International Law, Vol. 95, No. 1 (January 2001), Symposium: State Reconstruction after Civil Conflict, pp. 67-68.
106. Alvarez, "Crimes of States/Crimes of Hate, pp. 365-483.
107. International Crisis Group, "Finding the Balance: The Scales of Justice in Kosovo," ICG Balkans Report No. 134, September 12, 2002, p. 20.
108. National Democratic Institute, "Public Opinion Poll," by PRISM Market, Media, and Social Research, November 2001, cited in ICG, "Finding the Balance," p. 25.
109. Organization for Security and Co-operation in Europe, Mission in Kosovo, Kosovo's War Crimes Trials: A Review, September 2002, pp. 10-11, 48.
110. "Decision to Acquit Serb for Kosovan War Crimes Absurd," Agence France-Presse, January 30, 2001, cited in International Crisis Group, "Finding the Balance," p. 21.
111. Ibid., p. 24.
112. Arben Qirezi, "Kosovo: KLA Trial Backlash," Institute for War and Peace Reporting, Pristina, Kosovo, August 1, 2003.
113. Amnesty International, Indonesia/Timor - Leste International Responsibility for Justice, AI Index: ASA 21/013/2003, April 14, 2003.
114. Human Rights Watch, "East Timor Amnesty Bill Flawed," July 18, 2002.
115. International Crisis Group, "Communal Violence in Indonesia: Lessons from Kalimantan," ICG Asia Report No. 18, June 17, 2001, p. 19; International Crisis Group, "Indonesia: Keeping the Military under Control," ICG Asia Report No. 9, September 5, 2000; and International Crisis Group, "Indonesia: Impunity versus Accountability for Gross Human Rights Violations," ICG Asia Report No. 12, February 2, 2001.
116. International Crisis Group, "Communal Violence in Indonesia: Lessons from Kalimantan," ICG Asia Report No. 18, June 17, 2001, p. 19; International Crisis Group, "Indonesia: Keeping the Military under Control," ICG Asia Report No. 9, September 5, 2000; and International Crisis Group, "Indonesia: Impunity versus Accountability for Gross Human Rights Violations," ICG Asia Report No. 12, February 2, 2001.
117. International Crisis Group, "Communal Violence in Indonesia: Lessons from Kalimantan," ICG Asia Report No. 18, June 17, 2001, p. 19; International Crisis Group, "Indonesia: Keeping the Military under Control," ICG Asia Report No. 9, September 5, 2000; and International Crisis Group, "Indonesia: Impunity versus Accountability for Gross Human Rights Violations," ICG Asia Report No. 12, February 2, 2001.
118. In August 2003 the Indonesian court found a top army general guilty of crimes against humanity, but the sentence was limited to only three years.
119. Human Rights Watch, "Justice Denied for East Timor," December 20, 2002.
120. Jane Perlez, "Indonesia Begins Trials of Military in East Timor Abuses," New York Times, March 20, 2002, p. 8; and Amnesty International, Indonesia/Timor - Leste International Responsibility for Justice.
121. Jane Perlez, "Indonesia Begins Trials of Military in East Timor Abuses," New York Times, March 20, 2002, p. 8; and Amnesty International, Indonesia/Timor - Leste International Responsibility for Justice.
122. Marianne Kearney, "Trials Show How Little Has Changed in Indonesia's Military," South China Morning Post, November 28, 2002.
123. Jess Bravin, "A Prosecutor Vows No Deals for Thugs in Sierra Leone War: American's Zeal Complicates Diplomats' Ideas to Deal with the Crisis Present in West Africa," Wall Street Journal, July 28, 2003, p. 1.
124. Human Rights Watch, "Cambodia: Khmer Rouge Tribunal Must Meet International Standards," New York, December 19, 2002.
125. Note that plans to pursue a truth commission in Sierra Leone followed the 1999 negotiated settlement but not the 2000 British intervention that led to the defeat of the RUF.
126. Priscilla B. Hayner, Unspeakable Truths: Confronting State Terror and Atrocity (New York: Routledge, 2001), p. 244.
127. Ibid., pp. 101-105.
128. James L. Gibson and Amanda Gouws, "Truth and Reconciliation in South Africa: Attributions of Blame and the Struggle over Apartheid," American Political Science Review, Vol. 93, No. 3 (September 1999), pp. 501-518.
129. Hayner, Unspeakable Truths, pp. 123.
130. James L. Gibson, "Truth, Justice, and Reconciliation: Judging the Fairness of Amnesty in South Africa," American Journal of Political Science, Vol. 46, No. 3 (July 2002), pp. 540-556.
131. Hayner, Unspeakable Truths, pp. 65-66.
132. Amnesty International, "Rwanda and Burundi: A Call for Action by the International Community" (London: Amnesty International, September 1995), pp. 23, 26. Also cited in Hayner, Unspeakable Truths, p. 68.
133. Amnesty International, "Rwanda and Burundi: A Call for Action by the International Community" (London: Amnesty International, September 1995), pp. 23, 26. Also cited in Hayner, Unspeakable Truths, p. 68.
134. Long and Brecke, War and Reconciliation, p. 42; and Hayner, Unspeakable Truths, pp. 58-59.
135. Long and Brecke, War and Reconciliation, p. 42; and Hayner, Unspeakable Truths, pp. 58-59.
136. Ibid., p. 187.
137. William Stanley, The Protection Racket State: Elite Politics, Military Extortion, and Civil War in El Salvador (Philadelphia: Temple University Press, 1996), pp. 218-255; and Elisabeth Wood, Forging Democracy from Below: Insurgent Transitions in South Africa and El Salvador (Cambridge: Cambridge University Press, 2000). For a similar point regarding the Guatemala settlement, see Mark Peceny and William Stanley, "Liberal Social Reconstruction and the Resolution of Civil Wars in Central America," International Organization, Vol. 55, No. 1 (Winter 2001), pp. 171-175.
138. William Stanley, The Protection Racket State: Elite Politics, Military Extortion, and Civil War in El Salvador (Philadelphia: Temple University Press, 1996), pp. 218-255; and Elisabeth Wood, Forging Democracy from Below: Insurgent Transitions in South Africa and El Salvador (Cambridge: Cambridge University Press, 2000). For a similar point regarding the Guatemala settlement, see Mark Peceny and William Stanley, "Liberal Social Reconstruction and the Resolution of Civil Wars in Central America," International Organization, Vol. 55, No. 1 (Winter 2001), pp. 171-175.
139. William Stanley, The Protection Racket State: Elite Politics, Military Extortion, and Civil War in El Salvador (Philadelphia: Temple University Press, 1996), pp. 218-255; and Elisabeth Wood, Forging Democracy from Below: Insurgent Transitions in South Africa and El Salvador (Cambridge: Cambridge University Press, 2000). For a similar point regarding the Guatemala settlement, see Mark Peceny and William Stanley, "Liberal Social Reconstruction and the Resolution of Civil Wars in Central America," International Organization, Vol. 55, No. 1 (Winter 2001), pp. 171-175.
140. Margaret Popkin, "El Salvador: A Negotiated End to Impunity?" in Naomi Roht-Arriaza, ed., Impunity and Human Rights in International Law and Practice (New York: Oxford University Pressersity Press, 1995), pp. 198-217.
141. "Macedonia Bolsters Albanian Rights, After Constitutional Change, Amnesty Is Declared for Former Rebels," International Herald Tribune, November 17-18, 2001.
142. Human Rights Watch Briefing Paper, Serious Flaws: Why the U.N. General Assembly Should Require Changes to the Draft Khmer Rouge Tribunal Agreement, April 2003.
143. George W. Bush speech, "President Says Saddam Hussein Must Leave Iraq within 48 Hours," remarks by the president in address to the nation, The Cross Hall, March 18, 2003, http://www.whitehouse.gov/news/releases/2003/03/20030317-7.html.
144. "Saddam Minister Granted Immunity," BBC News World Edition, September 25, 2003, http://news.bbc.co.uk/2/hi/middle_east/3137732.stm.
145. For a more detailed discussion of the implications of alternative strategies of justice in Iraq, see Leslie Vinjamuri, "Order and Justice in Iraq," Survival, Vol. 45, No. 4 (Winter 2003), pp. 135-172.
146. Interview by Leslie Vinjamuri with Neil J. Kritz, director, Rule of Law Program, U.S. Institute of Peace, October 3, 2003.
147. Editorial, "Trying Saddam Hussein," New York Times, December 17, 2003, p. A38.
148. Quoted in Somini Sengupta, "Besieged Liberian: Should Taylor Face War Crimes Trial? The Question 'Has Divided Everybody,'" New York Times, July 11, 2003, p. A7.
149. Gary J. Bass, "Milosevic in The Hague," Foreign Affairs, Vol. 82, No. 3 (May/June 2003), p. 95.
150. I b i d.
151. International Republican Institute, November 2002 Serbian National Survey, slide 47.
152. Peter Maguire, "Nuremberg: A Cold War Conflict of Interest," in Cooper, War Crimes, pp. 67-86; and Peter Maguire, Law and War: An American Story (New York: Columbia University Press, 2000).
153. Peter Maguire, "Nuremberg: A Cold War Conflict of Interest," in Cooper, War Crimes, pp. 67-86; and Peter Maguire, Law and War: An American Story (New York: Columbia University Press, 2000).
154. Finnemore and Sikkink, "International Norm Dynamics and Political Change."
155. On the concept of institutions designed to fail, see Terry Moe, "The Politics of Bureaucratic Structure," in John E. Chubb and Paul E. Peterson, eds., Can the Government Govern? (Washington, D.C.: Brookings, 1989), pp. 267-329, especially p. 326.
156. Richard Holbrooke, To End a War (New York: Random House, 1998), p. 339.
157. "Colombia's Peace Bargain," Washington Post, October 3, 2003, p. A22.