Is International Justice the Enemy of Peace?

Whenever sitting heads of state are accused of war crimes, critics cry out that criminal charges will obstruct the search for peace. But, in case after case - from Radovan Karadzic and Slobodan Milosevic to Charles Taylor - they have been wrong, and they may be wrong again in the case of Sudanese Preseident Omar Hassan al-Bashir.

It is only a little more than fifteen years ago that the first of the contemporary international courts was created to prosecute those who commit war crimes, crimes against humanity, and genocide. That court, the International Criminal Tribunal for the former Yugoslavia, may soon mete out justice to a new defendant, following the arrest in Belgrade of Radovan Karadzic, wartime leader of Bosnia’s Serbs.

Yet there is already a persistent theme in criticism of such tribunals: in their effort to do justice, they are obstructing achievement of a more important goal, peace. Such complaints have been expressed most vociferously when sitting heads of state are accused of crimes. The charges filed by the prosecutor of the International Criminal Court against Sudanese President Omar Hassan al-Bashir for crimes against humanity and genocide in Darfur are the latest example.& Indeed, the denunciations of the justice process this time are more intense and more vehement than in the past.

The complaints were also loud in 1995, when the ICTY’s prosecutor indicted Karadzic and his military chief, General Ratko Mladic, and even louder when they were indicted again later in the same year for the massacre at Srebrenica. The timing of that second indictment especially aroused critics, because it came just before the start of the Dayton peace conference.& Because they faced arrest, Karadzic and Mladic did not go to Dayton.

To continue reading, please log in or enter your email address.

Registration is quick and easy and requires only your email address. If you already have an account with us, please log in. Or subscribe now for unlimited access.

required

Log in

http://prosyn.org/peq3wpn;
  1. Sean Gallup/Getty Images

    Angela Merkel’s Endgame?

    The collapse of coalition negotiations has left German Chancellor Angela Merkel facing a stark choice between forming a minority government or calling for a new election. But would a minority government necessarily be as bad as Germans have traditionally thought?

  2. Trump Trade speech Bill Pugliano/Getty Images .

    Preparing for the Trump Trade Wars

    In the first 11 months of his presidency, Donald Trump has failed to back up his words – or tweets – with action on a variety of fronts. But the rest of the world's governments, and particularly those in Asia and Europe, would be mistaken to assume that he won't follow through on his promised "America First" trade agenda.

  3. A GrabBike rider uses his mobile phone Bay Ismoyo/Getty Images

    The Platform Economy

    While developed countries in Europe, North America, and Asia are rapidly aging, emerging economies are predominantly youthful. Nigerian, Indonesian, and Vietnamese young people will shape global work trends at an increasingly rapid pace, bringing to bear their experience in dynamic informal markets on a tech-enabled gig economy.

  4. Trump Mario Tama/Getty Images

    Profiles in Discouragement

    One day, the United States will turn the page on Donald Trump. But, as Americans prepare to observe their Thanksgiving holiday, they should reflect that their country's culture and global standing will never recover fully from the wounds that his presidency is inflicting on them.

  5. Mugabe kisses Grace JEKESAI NJIKIZANA/AFP/Getty Images

    How Women Shape Coups

    In Zimbabwe, as in all coups, much behind-the-scenes plotting continues to take place in the aftermath of the military's overthrow of President Robert Mugabe. But who the eventual winners and losers are may depend, among other things, on the gender of the plotters.

  6. Oil barrels Ahmad Al-Rubaye/Getty Images

    The Abnormality of Oil

    At the 2017 Abu Dhabi Petroleum Exhibition and Conference, the consensus among industry executives was that oil prices will still be around $60 per barrel in November 2018. But there is evidence to suggest that the uptick in global growth and developments in Saudi Arabia will push the price as high as $80 in the meantime.

  7. Israeli soldier Menahem Kahana/Getty Images

    The Saudi Prince’s Dangerous War Games

    Saudi Arabia’s Crown Prince Mohammed bin Salman is working hard to consolidate power and establish his country as the Middle East’s only hegemon. But his efforts – which include an attempt to trigger a war between Israel and Hezbollah in Lebanon – increasingly look like the work of an immature gambler.