Journal of International Affairs

Foreign affairs periodical focuses on policy analysis, including state building and peace operations.

Articles from Vol. 52, No. 2, Spring

A Prosecutor's Personal Account: From Nuremberg to Rome
The Nuremberg trials in 1946 were the beginning of a process that sought to apply the rule of law to protect fundamental human rights of people everywhere. As a prosecutor at Nuremberg, I peered into the eyes of remorseless murderers--many of them...
Are Sanctions Just? the Problematic Case of Iraq
When seeking to uphold the norms of justice, the international community often utilizes the instrument of economic sanctions. Since the end of the Cold War, sanctions have become a frequent instrument of United Nations authority. The U.N. Security...
Beyond Punishment: Justice in the Wake of Massive Crimes in Argentina
"The history of power politics is nothing but the history of international crime and mass murder (including, it is true, some of the attempts to suppress them)." Karl Popper(1) In Argentina, between 1976 and 1983, thousands of people were secretly...
Beyond the Presidency: International Influence and the Pursuit of Justice
Jimmy Carter Thirty-ninth President of the United States Interviewed on 13 November 1998 by S. Austin Merril and Talya Tibbon for the Journal of International Affairs The Pursuit of justice is the craft of both institutions and individuals. In...
Challenging the Conventional Wisdom: Another View of the International Criminal Court
Very little has excited the international legal and human rights communities as much in recent years as the prospect of establishing an international criminal court. On 17 July 1998 a statute for such a court was adopted in Rome by an overwhelming...
Dilemmas of Transitional Justice: The Case of South Africa's Truth and Reconciliation Commission
After almost three years of work, South Africa's Truth and Reconciliation Commission (TRC) delivered its final report to President Nelson Mandela on 29 October 1998. The delivery occurred amid considerable controversy as both former President F.W....
Distributing the Gains: Justice and International Trade
This article provides a normative assessment of the international trade regime. It analyzes the question of distributive justice: that is, how the gains from trade get distributed both within and between countries. Following John Rawls, I accept that...
Editors' Foreword
For Justice is one; it binds all human society and is based on one Law, which is right reason applied to command and prohibition. Whoever knows not this Law, whether it has been recorded in writing anywhere or not, is without Justice.(1) Justice...
Elusive Justice for the Victims of the Khmer Rouge
The theme of international justice suggests a range of both abstract concepts regarding how nations and individuals are held accountable as well as the institutions by which this process is accomplished. In this article, I will focus on the form of...
Institutions of International Justice
The year 1998 was a watershed in efforts to create an international architecture capable of responding to massive or systematic violations of basic human rights. In July of that year, some 120 nations came together to create the governing Statute for...
International Institutions and Gendered Justice
In the five years since the World Conference on Human Rights affirmed that women's rights are a basic component of the human rights enterprise,(1) activists and human rights agencies have been struggling to make the conference's promise a reality ...
International Justice and the Global Environment
A body of international law requiring sovereign states to regulate behavior that affects the environment has not yet been well-developed. In light of this, some states claim that they have complete and independent authority over deciding if and how...
Multinational Enterprises and the Prospects for Justice
One of the defining features of the modern era is the spread of business enterprises across international borders. Markets once considered peripheral or exotic are now often viewed as integral to a firm's success; and a global corps of businesses has...
"Neutrality" and the Absence of Reckoning: A Journalist's Account
On the putrid afternoon of 5 August 1992, I stumbled into Omarska, as a reporter for the Guardian of London, along with a crew from the Independent Television Network (ITN). It was said we had "discovered" Omarska, but this was an inaccurate flattery....
NGOs and Human Rights: Sources of Justice and Democracy
The United Nations-based system of universal human rights is one of the major achievements of this century Codified in the Universal Declaration of Human Rights, it provides a normative framework as well as a source of inspiration for achieving justice...
Northern Ireland: A Promising or Partisan Peace?
Despite the continuing difficulties of the April 1998 Good Friday Agreement--which for the first time allowed all the involved constituencies a voice and a role in the future of Northern Ireland--there is still a degree of optimism in the province....
Policy Perspectives Favoring the Establishment of the International Criminal Court
The First World War was called "the war to end all wars." However, a short time later, the world again found itself in conflict. After the horrors of the Second World War were revealed, a new promise emerged: "never again." Since then, some 250 international...
Reconciling Order and Justice? New Institutional Solutions in Post-Conflict States
From the killing fields of Cambodia to the Dirty War in Argentina, from apartheid to the Nazi genocide, from Nyarubuye in Rwanda to Srebenica--these words symbolize the capacity for what the philosopher Emmanuel Kant called radical evil."(1) In the...
Responding to Rwanda: Accountability Mechanisms in the Aftermath of Genocide
After the, Nazi Holocaust, the world community pledged "never gain." Yet the 50 years that have followed the Nuremberg trials have been a golden age of impunity as over 170 million civilians have been killed by their own governments without any hope...
The International Criminal Tribunal for Rwanda: A Report from the Field
On 6 April 1994 a plane carrying the president of Rwanda was shot down on its approach into his country s capital, Kigali. The president, Juvenal Habyarimana, was a member of the Hutu ethnic group, one of three principal ethnic groups residing in Rwanda....
The Pursuit of International Justice: Present Dilemmas and an Imagined Future
Obstacles of an ideological and structural character complicate the pursuit of international justice during this early phase of globalization. At the same time, several developments associated with globalization are encouraging to those committed to...
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