7
No Justice Without Peace?
International Criminal Law
and the Decision to Prosecute
Simon Chesterman

In a recent book on crimes against humanity, Geoffrey Robertson quotes a joke that did the rounds of foreign correspondents in Sarajevo during 1994: “When someone kills a man, he is put in prison. When someone kills 20 people, he is declared mentally insane. But when someone kills 20,000 people, he is invited to Geneva for peace negotiations. ” 1 The black humor captures a dilemma central to the project of international criminal law: to what extent should the larger goal of peace take precedence over the prosecution of individual justice?

Following the establishment of ad hoc tribunals for the former Yugoslavia and Rwanda in 1993 and 1994, and the adoption in 1998 of the Rome Statute of the International Criminal Court (ICC), much has been written on the history and the future of international criminal law. 2 In this chapter I focus on the specific questions of whether individual criminal responsibility should be pursued as part of the resolution to a conflict and the extent to which the international community can and should be involved in any such proceedings.

I begin with the legacy of the Nuremberg trials. Whether or not these proceedings are regarded as tainted by “victor's justice, ” they provided an unrealistic template for the development of international criminal law. In particular, the trials took place following unconditional surrender to an occupying power—as a result, amnesty for the Nazis was never seriously contemplated. Of primary interest here is the decision to pursue legal rather than military means at all; this was in large part due to the view that the desire for retribution had to be tempered by the need to deter similar atrocities in future.

I then turn to the modern experience of international criminal tribunals, focusing on the two ad hoc tribunals for the former Yugoslavia and Rwanda. The work of these tribunals—each created by the United Nations Security

-145-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Civilians in War
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 291

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.