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Iraq's decision to accept the United Nations Security Council
resolution, passed unanimously on November 8, sets in motion a tightly
scripted plan for UN arms inspectors to return to Iraq.

The night after the Bush Administration announced its refusal to grant the United Nations Population Fund $34 million dollars, Jane Roberts was so outraged she couldn't sleep.

As a healthy response to the Bush Administration's war policies, the
number of people taking to the streets in protest is increasing with
each step toward war.

The day after Mary Robinson stepped down as United Nations High
Commissioner for Human Rights, forced out by determined pressure from
Washington, George W.

The effort by the Bush Administration and Congress to portray the
planned invasion of Iraq as simply an effort to enforce United Nations
Security Council resolutions reaches a new low in double

George W. Bush's decision to "involve" the United Nations in his plans
to attack Iraq does not indicate a conversion to multilateralism on the
road to Baghdad. Washington's continuing campaign to neutralize the
International Criminal Court and its disdain for the Kyoto Protocol are
only part of the evidence that this would at best be a very expedient

There are sound pragmatic political considerations behind the shift to
the UN track. The President's father and James Baker have almost
certainly reminded him that it was Security Council Resolution 678
mandating military action to expel Iraq from Kuwait that was crucial to
winning the bare majority for a war powers resolution on Capitol Hill.
And even Tony Blair, assailed internally by opposition from his own
party and public, and externally by his European colleagues, now wants
some form of UN blessing--or excuse--for the crusade against Baghdad.

So what form will the Administration's use or abuse of the UN take?
There is little or no chance of a Security Council resolution
authorizing invasion to effect a change of regime. While Russia, China
and France have all told Iraq it should admit weapons inspectors, none
of them can countenance explicit support for an enforced removal of the
Iraqi government, which would go against one of the most fundamental
principles in the UN Charter. Instead, diplomats on the Security Council
anticipate a US-inspired resolution setting a deadline--most speak of
four weeks--for Baghdad to admit inspectors unconditionally, probably
warning of "severe consequences" if it does not. The Administration's
nightmare would be Saddam having a belated moment of rationality and
allowing the inspectors in, but it's reasonably confident that Baghdad
will oblige by refusing.

The Administration's confidence seems to be justified. Iraq's current
ambivalent gestures--wanting Hans Blix, head of UNMOVIC, the inspection
unit, to come for talks but still declaring its refusal to admit his
inspectors--is exasperating even some of Iraq's best friends, while the
refusal to admit inspectors for the past two years has eroded the little
support it had from other countries. The Security Council set up UNMOVIC
in 1999 in response to criticisms made about its predecessor, UNSCOM. A
later resolution, 1382, represented the high-water mark of sanity for
the Bush Administration, since it actually mandated the end of sanctions
after the inspectors had completed their timetabled examination and
certification that Iraq was not producing weapons of mass destruction.
In supporting the resolution, Colin Powell went much further than the
Clinton Administration in offering what was termed "light at the end of
the tunnel"--an end to sanctions in return for compliance with
resolutions, rather than the regime change demanded by Clinton's UN
ambassador, Madeleine Albright. UNMOVIC's new inspectors have also been
carefully insulated from the allegations of undue Anglo-American
influence that dogged their predecessors.

It is against this background that the Administration is working hard to
make sure that there is no veto by France, Russia or China--and no doubt
the US determination that Muslim separatists in the west of China are
"terrorists" has helped mollify Chinese opposition. Even French
President Jacques Chirac in his recent statements is moving toward
acceptance of some kind of UN authorization for coercing Iraqi
compliance, while Putin's US-friendly stance suggests that Russian
opposition will be muted.

But even if Washington heads off vetoes, it still needs nine yes votes
to win--and Syria is certain to vote against. For political legitimacy
the British and Americans must win by more than a bare majority, which
is why a diplomat representing one of the ten elected members on the
Security Council said, "We're expecting to feel the grip on our
testicles any day soon"--the traditional US route to hearts and minds in
international forums, and no more so than with this Administration. In
the end, it is likely that Washington will get its deadline, since the
vote will be on Iraqi compliance, not "regime change"--although in a
last act as friends of Iraq the Russians may negotiate a slightly longer

Once the United States has its deadline and if Iraq plays into its hands
by defying the UN, then Washington has at least two options. One, which
seems increasingly likely as US diplomacy gets to work on the council
members, is a resolution that in some euphemistic measure calls down
"severe consequences" on Saddam's head if he fails to comply with a
demand to accept inspectors. The alternative would be a simple
determination that Iraq has failed to comply, after which the United
States and Britain will claim authority from the original Gulf War
resolutions to use military means to enforce the inspection and
disarmament demanded by the resolutions.

In both cases, it allows the Administration to shift some of the blame
for "warmongering" onto the UN, as a duty of the global community rather
than as US aggression. Internationally, it transforms what would have
been a flagrant breach of international law--the unilateral overthrow of
a sovereign government--into a move to assert UN authority, the
consequence of which may be the downfall of a little-loved dictator.

Ariel Sharon may yet rescue Saddam Hussein with more assaults on
Palestinians, allowing the Arabs to contrast starkly the different
outcomes of egregious defiance of the United Nations by Israel and Iraq.
Or Iraq's president may yet decide that survival with inspectors is
preferable to martyrdom surrounded by half-finished projects for mass
military mayhem. But it is a reasonable supposition that shooting will
begin in some form sooner or later. And if Bush has his way on Capitol
Hill, sooner than the November elections.

So far this year, US diplomats have secured the removal of Mary
Robinson, High Commissioner for Human Rights; José Bustani, head
of the Organization for the Prohibition of Chemical Weapons; and Robert
Watson, head of the Intergovernmental Panel on Climate Change. They were
ousted because they weren't doing what Washington told them to do.

In the line of fire now are UNRWA, the agency that for more than fifty
years has fed and educated Palestinian refugees, and its head, Peter
Hansen; and Secretary General Kofi Annan, once lauded by US Jewish
organizations for opening doors for Israel. Both cases are egregious
examples of blaming the victim.

At the time of Israel's takeover of Jenin, Hansen condemned the refusal
of the Israel Defense Forces to allow ambulances and relief workers into
the camp. He also protested the Israeli use of UNRWA schools as military
posts and interrogation centers and the destruction of the agency's
clinics. Around the same time, Foreign Minister Shimon Peres invited
Kofi Annan to send in investigators. This suggestion was
enthusiastically moved in the Security Council by US ambassador John
Negroponte. Israel promptly announced that it would not accept Robinson,
Hansen and UN Special Representative for the peace process Terje Roed
Larsen as investigators. Then it made it clear that it would not
cooperate with anyone sent by the Secretary General.

By then, Annan himself was under fire. Within a month of becoming
president of the Conference of Presidents of Major American Jewish
Organizations, Mort Zuckerman was assailing him and Hansen and declaring
that "UNRWA is the godfather to all terrorist training schools, notably
in Jenin." AIPAC, the pro-Israel lobby, joined in with a press release
headed "Camps of Terror," alleging that "as the sole agency mandated to
manage the Palestinian refugee camps, UNRWA has effectively turned a
blind eye toward terror activities within the camps.... Inside the
camps, where 99 percent of UNRWA's staff is comprised of locally
recruited Palestinian refugees, food storage facilities and warehouses
have become depots for ammunition and explosives to be used in terror
attacks against Israelis."

That led to a joint call by Tom Lantos, ranking Democrat on the House
International Relations Committee, and Tom DeLay, the GOP whip, for
Congressional hearings on UNRWA, with a suggestion of ending US funding,
which pays for a third of UNRWA operations. Jumping on the bandwagon,
Republican Eric Cantor of the Congressional Task Force on Terrorism
repeated the allegations.

Hansen has pointed out that the agency's sole responsibility is
education, health and feeding the refugees: It has never administered
the camps or maintained any police force. He added that from 1967 on,
"We have not received from the Government of Israel any complaint
related to the misuse of any of our installations in the West Bank and
Gaza Strip.... Since October 2000 to-date, and even though hundreds of
UNRWA staff have been detained and subsequently released, the Israeli
authorities have never provided any information or lodged any complaint
with UNRWA concerning the official or private activities of any UNRWA
staff member."

There is a very real fear that Lantos & Co. will soon demand
Hansen's head as the price for continued UNRWA funding. He was recently
reappointed to another term, but so was Bustani just before he got the
boot. Also in his first year of a second term is Kofi Annan, who is
about to produce a report on Jenin mandated by the General Assembly.
Even Israeli government lawyers admit that the IDF breached
international humanitarian law in Jenin, which was why Israel changed
its mind about allowing the inquiry. People close to the Secretary
General are beginning to worry that he will come under increasing attack
in the same spirit of vilifying the messenger, and that the Likud-tinged
alliance with the Christian and conservative right will revive the old
attacks on the UN.

So far, the State Department has been defending UNRWA on Capitol Hill,
and Colin Powell has a close rapport with Annan. But it remains to be
seen how long this outpost of lucidity can hold against the faith-based
foreign policy follies of the rest of the Administration and many
members of Congress.

It is probably safe to say that the war crimes trial in The Hague of the
former Serbian dictator Slobodan Milosevic is not going well. At least
so far. No credible witnesses have come forward to testify against the
man who is credited with starting four Balkan wars. No documentary
evidence has been advanced to prove his "command responsibility" for
murderous ethnic conflicts. The prosecution's bungling has turned what
was once touted as a "water-tight case" into a battle of wits, allowing
Milosevic to mount a fifth war--legal and psychological--against the
court itself.

It is, of course, an uneven battle. The court is supported by the might
of the United States and its vast eavesdropping and
intelligence-gathering facilities. Behind the scenes, Americans have
tried to induce some of Milosevic's former henchmen to testify against
him. (That includes the notorious paramilitary leader known as Arkan,
who was gunned down inside the Belgrade Intercontinental two weeks after
he lunched there with an American intermediary for the CIA.) Publicly,
the United States has linked all financial assistance to Serbia to the
extradition of suspected war criminals; the hope is that some of them
may provide the needed information about Milosevic's "command

The former dictator, on the other hand, has to rely mainly on himself,
his wife and a few supporters. The image of a solitary individual
standing up against the world not only appeals to his vanity but also
seems to energize him. His defense strategy is brilliantly cunning,
designed to play on Serbia's psychological vulnerabilities and continued
Serb resentment of the 1999 NATO bombing. From the outset he has said
that the court is illegal, that it is NATO's victors' justice and that
he would not accept its judgment. Yet, acting as his own defense
attorney, he has used the tribunal as a stage for his antics, playing
the role of a defiant David to NATO's Goliath, the victim of powerful
foreign enemies, and in the process doing all he can to make his a trial
of the whole Serbian nation.

Opinion polls suggest that his strategy is working in Serbia. Even
though four out of five Serbs want to see Milosevic tried
in a Serbian court for crimes committed against his people, a majority
applaud his stand at The Hague.

This is unfortunate. This public perception is likely to discourage
potential witnesses from coming forward. In the absence of compelling
evidence against him in court, Milosevic's political rehabilitation becomes a distinct
possibility. More significant will be the impact on the world's first
permanent court--which is to be established also in The Hague--to
replace ad hoc courts like the one sitting in judgment of Milosevic. But
it is up to the ad hoc tribunal to come up with the precedent-setting
legal standard of "command responsibility" (the conditions under which a
tyrant, even if not directly involved, can be held responsible for
crimes committed by his subordinates).

This raises several broader questions: What sort of justice, exactly, is
being served in The Hague? Why is it that the prosecution, having
claimed to have a water-tight case, appears to be flailing in the dark?
Was the court manipulated by the Clinton Administration? What exactly
was the secret intelligence that the United States and British
governments supplied during the 1999 Kosovo war to prompt the court to
indict Milosevic?

Louis Sell is one of those rare anonymous State Department officials who
venture to write books in their retirement. He was highly regarded by
his superiors and held the rank of political counselor in two major
embassies: Belgrade and Moscow. His tour in Belgrade, from 1987 to 1991,
coincided with Milosevic's rise to power and the outbreak of war in
Yugoslavia. This has placed him in the middle of things. Scores of
secret cables, sensitive intelligence reports, raw National Security
Agency telephone intercepts and even satellite photos landed on his desk
each day. He not only had access to everything the analysts and spooks
produced on the Yugoslav crisis but was one of the few people capable of
placing such material
in the proper context. (He had served in
Yugoslavia in the 1970s and is fluent in Serbo-Croatian.) He returned to
the region in 1995 as political deputy to former Swedish Prime Minister
Carl Bildt, then the European Union's chief negotiator for the former
Yugoslavia. After the Kosovo war, Sell served as director of the
International Crisis Group in Kosovo.

By background and experience, Sell is a bureaucratic insider. Unlike the
more senior officials--Richard Holbrooke or Gen. Wesley Clark--he has no
need to defend his reputation. Nor is he a man prone to
self-glorification. His twenty-eight years in the State Department
conditioned him to shun the limelight. This may be why he could
apparently not bring himself to give the reader his own take on events.
Instead he has chosen a journalistic format, relying mainly on published
sources--news dispatches, opinion columns and books. This was a poor
choice. He knows far more than most authors he quotes in his Slobodan
Milosevic and the Destruction of Yugoslavia

Indiscriminate reliance on Western press reports is risky. For example,
Sell reproduces a German tabloid story about Milosevic's alleged
involvement in drug trafficking. Far too often he resorts to "Western
journalists" as the only source of this or that information; far too
often the phrase "everybody knew that..." crops up in the narrative as
the sole source for a given Serbian crime. Although he tries to write
dispassionately, his anti-Serb bias gets in the way from time to time.
In one instance, he writes that the high command in Belgrade sanctioned
the July 1995 attack on Srebrenica; the source for the assertion is a
book published in 1994. Is this sloppy writing? Careless editing?

Sell does offer a shrewd assessment of the former dictator. He sees him
as someone "without any core beliefs or values other than his own
political survival." Milosevic, he writes, "was not very good at using
power for anything other than keeping it." He was an enormously
destructive figure. Obsessed with power, he deliberately impoverished
not only Serbia's economy but also its intellectual and social fabric
"in order to eliminate the very capacity for independent alternatives to

The book follows familiar lines; I doubt whether it contains anything
that has not been said before. One does come across interesting tidbits:
Washington took an almost instant dislike to Carl Bildt, because he "had
not developed the habit of deference to Washington" and was unwilling
"to take direction." Needless to say, Bildt did not last long in the

There is, of course, nothing surprising nowadays in high-level American
officials expecting deference from little nations or their
representatives. But this is only a part of America's post-cold war
attitude toward the rest of the world. It also permeates US policy in
the Balkans. Despite the rhetoric about justice and eagerness to help
the people of Serbia, the book suggests that the United States was
interested in the Hague court as a political tool rather than a
mechanism that would add another dimension to international law by
holding individual leaders responsible for war crimes and crimes against
humanity. Everything that would detract from Washington's
policy--whatever that policy is at any given moment--must be dismissed
out of hand or ignored. With a sleight of hand, Sell dismisses British
and French experts who found conclusive proof that Muslim snipers had
fired on their own people in order to stimulate sympathetic media
coverage for their plight. He ignored Canadian Gen. Lewis MacKenzie, who
said he had personally seen a similar incident. Sell also ignores the
fact that Secretary of State Lawrence Eagleburger accused Milosevic of
war crimes in Bosnia and Croatia in December 1992; Eagleburger's speech
in Geneva no longer fits the official narrative.

Within a year, Milosevic had reinvented himself as a born-again
peacemaker. By 1995 he was the "guarantor" of peace in Bosnia. (He was,
indeed, most responsible for the successful outcome of the peace talks
at Dayton, Ohio.) He shared the stage with Bill Clinton during the
signing ceremonies in Paris. Clinton flattered him. "It's nice to hear
your voice," Clinton told the dictator. The American President, aboard
Air Force One to visit US troops in Bosnia, chitchatted with the Serbian
dictator about the Dayton agreement. "I know it cannot go ahead without
you," Clinton said, according to a recently published transcript of the
conversations monitored by Croatian intelligence.

So, even though "it had long been clear that Milosevic was responsible
for ethnic cleansing and other crimes...in Croatia and Bosnia," Sell
tells us, he was not indicted, because the Clinton Administration was
unable to find a "smoking gun" that would directly link him to the
misdeeds. We are led to conclude that the Administration did not assign
high priority to the task.

On the eve of the Kosovo war, however, the US government became active
in seeking to tie Milosevic to war crimes in Kosovo in early 1999. The
State Department's war crimes intelligence review unit was given a
boost: The number of its analysts and the urgency of its task were
increased. Having no diplomats or spies in Serbia, Sell reports,
analysts used satellite photos to study troop movements inside Kosovo.
The outcome was "precisely the kind of evidence needed to indict
Milosevic on the basis of 'imputed command responsibility'" for ordering
ethnic cleansing or failing to stop it. Canadian jurist Louise Arbour,
the chief prosecutor at the time, must have known that the intelligence
she was given did not meet the standards of proof required in a court of
law. She traveled to Washington, London and Bonn apparently seeking a
policy context for the tribunal's action against Milosevic; but she got
"totally ambiguous" responses. As NATO planes continued to bomb
Yugoslavia, the flow of intelligence material reaching the tribunal
increased, but most of it was part of NATO's massive propaganda campaign
against Milosevic. This must have preyed on the minds of the
prosecutors, leading them to believe that they had a substantial case
that would hold up in court. Indeed, the initial indictment was confined
to war crimes committed in Kosovo in 1999.

The tribunal may indeed have been manipulated by outside forces, as some
of its officers feared. As is frequently the case in the Balkans, a
story always seems clear at a distance, but the closer you get to the
scene of events the murkier it becomes. The drafters of the
indictment--somewhat to their surprise later--had not taken into account
the fact that Kosovo was a secessionist province that had declared
independence in 1991, as a result of which it was placed under Serbian
police rule. The province remained quiet as long as the Albanian
struggle was confined to peaceful means. However horrific the Serbian
repression, it did not include ethnic cleansing. But by 1997, the
Albanians had taken up arms. Milosevic had an armed insurrection on his
hands. Moreover, when the Kosovo war ended, the liberated Albanians had
lost their moral high ground; they embarked on a killing spree of the
defeated Serbs under the noses of NATO peacekeepers.

Once Milosevic was deposed, the legal weaknesses of the Kosovo
indictment became painfully obvious, and the prosecutors moved to
include Croatia and Bosnia, the latter being the prime stage for the
charges of genocide and crimes against humanity. Like Sell, I too have
no doubt that Milosevic is guilty as charged, at least with respect to
most counts dealing with Bosnia. I witnessed a good deal while covering
his wars from 1990 to 1996. But it is crucial that this be established
in a court of law. Although the pool of Milosevic's partners in crime
has been shrinking (most recently with the suicide of his former police
minister), a number of them are still at large. The tribunal needs these
former Serbian officials; some should be offered immunity from
prosecution in exchange for their testimony. The prosecutors should work
with local Serbian authorities and hire local private investigators
rather than depend on the might of the United States to force the
extradition of suspected criminals. Without such witnesses and in the
absence of spectacular documentary evidence, the tribunal is heading for

On late-night television the other day I watched Spencer Tracy and
Marlene Dietrich in the 1961 movie Judgment at Nuremberg, about
the trials of Nazi war criminals. It was a riveting courtroom drama. The
evidence against the accused was overwhelming. By comparison, the Hague
tribunal is more like the trial of Al Capone, the Chicago mobster who
was responsible for a series of gangland murders. Although everybody
knew Capone was guilty, police could not prove it. Eventually he was
sent to jail for tax evasion. One way or another, I suspect, Milosevic
will end up spending many years in jail. Let's hope this will be done
for the right reasons.

After years of collecting evidence against Slobodan Milosevic, the
prosecutors at The Hague expected a decisive victory. But as the former
Yugoslav president, who insisted on defending himself, began his opening
statement at his war crimes trial last February, his accusers realized
they'd got more than they
had bargained for. Ever the wily politician, Milosevic railed that the
trial was a political farce staged by an illegal court determined to
rewrite history and condemn not only him but the entire Serbian nation.

But if Milosevic's assault was an irritant, it should have come as no
surprise. After all, his arguments hark back to those of one of our most
renowned modern philosophers. Indeed, behind every contemporary war
crimes tribunal, it seems, looms the shadow of Hannah Arendt. Reflecting
on the 1961 trial of Adolph Eichmann, Arendt raised some of the same
sorts of objections. In Eichmann in Jerusalem, Arendt took to
task the prosecution, which she claimed transformed the trial of one
Nazi functionary into a stage for manipulating history and
indoctrinating future generations. For prosecutors to use the trial of
an individual to expose and judge the atrocities of an entire war,
Arendt wrote, "can only detract from the law's main business: to weigh
the charges brought against the accused, to render judgment and to mete
out due punishment." To Arendt, a criminal trial could never truly
respond to the scale of Nazi atrocities: "It is quite conceivable that
certain political responsibilities among nations might some day be
adjudicated in an international court; what is inconceivable is that
such a court would be a criminal tribunal which pronounced on the guilt
or innocence of individuals."

Yet modern war crimes tribunals are attempting to do just that, and
Arendt's arguments stand as a persistent challenge--one that is sure to
take on more urgency as the first permanent international criminal court
begins its work, over vehement US opposition (the Bush Administration
has just announced it is renouncing President Clinton's signature of the
treaty creating the court). In The Key to My Neighbor's House,
Elizabeth Neuffer, a reporter for the Boston Globe, implicitly
takes it on. Although Neuffer doesn't discuss Arendt's views directly,
her portrayal of the international criminal tribunals for the former
Yugoslavia and Rwanda ultimately serve as a persuasive reply.

Neuffer devotes the first half of her book to the 1990s conflicts in the
Balkans and Rwanda, interspersing stories of survivors with historical
and political analysis and intermittent on-the-scenes reporting. She
recounts how in each region, power-hungry nationalists exploited old
ethnic tensions to spark a genocide with political aims. Although not
always artfully told, the narrative effectively conveys the tragedy of
each war, highlighting horrors such as the shelling and siege of
Sarajevo, the fall of Srebrenica and the subsequent mass execution of
Muslim men and boys. Concerning Rwanda, she describes how escalating
tensions between Hutus and Tutsis grew increasingly violent until they
culminated in the slaughter of 800,000 Tutsis and moderate Hutus in less
than 100 days. Although detailed and heartfelt, such stories have been
told before (Philip Gourevitch's We Wish to Inform You That Tomorrow
We Will Be Killed With Our Families
has become a classic on the
genocide in Rwanda). What Neuffer adds is a revealing portrait of the
two international tribunals where survivors eventually sought justice.
Her portrayal serves as convincing evidence that, contrary to Arendt's
contention, these courts can and should play more than a traditional
legalistic role.

Consider the story of Hamdo Kahrimanovic. A Muslim elementary school
principal from the Bosnian town of Kozarac, Hamdo was imprisoned in the
Omarska concentration camp in June 1992 after Serb nationalists took
over his hometown. At Omarska, Hamdo encountered his former student,
Dusan Tadic, now a gangster brutalizing camp inmates. When, four years
later, the Yugoslavia tribunal declared its first trial in session,
Tadic was in the dock. Hamdo, who had known Tadic all his life, was
called to testify.

At the trial, Neuffer recounts, the earnest American judge struggled to
understand how Bosnia could have so quickly degenerated from a
harmonious multi-ethnic state into a scene of genocide. "Perhaps you can
help me to understand since I am not from that area," she said. "How did
that happen?" Hamdo was at a loss. "I had the key to my next-door
neighbor's [house] who was a Serb and he had my key," he said, giving
Neuffer the title for her book. "That is how we looked after each
other." After the war broke out, "one did not know who to trust anymore
and I do not have a word of explanation for that."

As a legal matter, Hamdo's testimony was probably irrelevant to Tadic's
case. Yet it captured an important element of the tragedy of the Bosnian
war and haunted the judge long afterward. In contrast to Arendt's
formalistic view of a trial, Neuffer suggests here that the court's
attempt to record and understand the crimes that occurred is as
important as its judgment of any individual who caused the events.

In the end, Tadic was convicted of crimes against humanity but acquitted
of murder. Unfortunately, the press had lost interest by the time the
verdict was announced; few Bosnians even heard about it. Still, Neuffer
believes the trial was important, for "there is an innate human need for
some kind of reckoning, an accounting," she writes. Over time, such
accountings begin to have a palpable effect on survivors' lives. By
1999, the tribunal had indicted and arrested most of Kozarac's local
warlords, and Hamdo, his wife and about 240 other Muslim families were
able to return home, beginning the process of reconciliation.

The Rwanda tribunal's consequences similarly reach beyond isolated
convictions. We see this through the harrowing story of Witness JJ, as
she's called by the tribunal to protect her identity. A young Tutsi
woman, JJ managed to escape when Hutu extremists attacked her small
farming village of Taba. She sought refuge at the offices of the popular
local mayor, Jean-Paul Akayesu, whom she'd known since she was a girl.
But Akayesu soon turned on JJ and the other Tutsi women, joining in the
genocide and, as the tribunal's investigators eventually learned,
plotting a mass rape. JJ became one of those gang-rape victims, barely
escaping death. When Akayesu went on trial in 1997, JJ was called to

JJ provided critical testimony at Akayesu's trial--the first in which
rape was deemed an act of genocide and a crime against humanity. But the
experience contributed more than a legal precedent. Neuffer describes
how JJ, initially intimidated by the imposing courtroom, lawyers and
judges, began her testimony hesitantly. But she gained confidence as she
told her story, even under harsh cross-examination. "When I saw Akayesu
with my eyes in court, I was afraid," JJ said later. "But at the same
time, I had something heavy on my heart. After I testified, it went

Unfortunately, the tribunal offered JJ little beyond that therapeutic
effect: It neither provided restitution nor helped survivors discover
what happened to lost family members. And to many Rwandans, tribunal
justice seems patently unfair: While more than 100,000 lower-level
accused genocidaires pack local prisons awaiting trials where
they face the death penalty, their ringleaders sat in a UN-run jail--with
its "state-of-the-art exercise room and wide-screen TV," as Neuffer
describes it. At most, they will receive life in prison.

The tribunals' problems, moreover, have been compounded by the West's
reluctance to provide necessary support. Created by the UN Security
Council, largely out of shame at the UN failure to intervene effectively
in either conflict, both courts have been stymied by lack of funds,
poorly trained staff, mismanagement and the inherent challenge of
creating a court that functions outside any established legal system.
The Yugoslavia tribunal, based in The Hague, faced in addition a
political snare: Peace negotiations were ongoing, so NATO members were
loath to have their troops arrest indicted war criminals still in
positions of power. The Rwanda tribunal, meanwhile, located in Arusha,
Tanzania, was marred by allegations of corruption.

Over time, both tribunals have improved. Neuffer's final assessment,
although qualified, is positive: "Tribunals, truth commissions, local
trials, government inquiries--are all part of the answer," she writes.

Neuffer's book is similarly a qualified success. While well researched
and comprehensive, it tries to do too much. Neuffer is so eager to
humanize the survivors, for example, that she frequently tries to
re-create their sentiments in a manner that seems forced and
unnecessary. And Neuffer's personal commentary is sometimes strained. In
an apparent nod to Arendt's famous observation about the banality of
evil, Neuffer ponders her meeting with a man who participated in the
Srebrenica massacre: "The evil I glimpsed in him was the potential for
evil we all share.... What's most chilling when you meet a murderer is
that you meet yourself." Such extrapolations are neither convincing nor
necessary. As Arendt herself recognized, we don't all have the potential
to become thoughtless murderers. Moreover, Neuffer would surely agree
that those who commit the crime ought to be held responsible. Indeed,
she takes the point further: Even if Tadic, like Adolf Eichmann, was
only a cog in a murderous machine, the goal of such a prosecution is
greater than the conviction of the individual.

Lawrence Douglas makes that argument forcefully in The Memory of
. An associate professor of law, jurisprudence and social
thought at Amherst College, Douglas writes about the trials of the
Holocaust. Though he takes a more analytic approach than Neuffer's,
examining in often painstaking detail the legal charges and evidence
introduced to support them, Douglas arrives at a similar judgment:
Despite their problems, these legal proceedings provide a form of
justice that's more comprehensive than any individual verdict.

Beginning with the 1945-46 Nuremberg trial of Nazi leaders, Douglas goes
on to discuss Israel's prosecution of Eichmann, followed by several more
recent trials: the 1987 Israeli trial of John (Ivan) Demjanjuk; the
French trial of Klaus Barbie that same year; and Canada's two trials of
a Holocaust denier, Ernst Zundel, in 1985 and 1988. Although a critic of
the trial strategies, Douglas comes down a champion of law's potential.

Unlike Neuffer, Douglas takes on Arendt directly, challenging her view
that the law should judge only the guilt or innocence of the accused.
Although he recognizes the tension between strictly applying law to the
facts of one case and creating a broader historical record, he believes
a war crimes tribunal can do both. Unlike Arendt, he's not bothered by
the idea of a show trial--indeed, the spectacle is precisely one of the
aims. Although he concludes that the Nuremberg and Eichmann trials were
more successful in their didactic aims than were the trials of
Demjanjuk, Barbie and Zundel, all were, in a sense, show trials,
"designed to show the world the facts of astonishing crimes and to
demonstrate the power of law to reintroduce order into a space evacuated
of legal and moral sense."

Nuremberg, of course, was the touchstone. But Douglas believes that
trial was hampered by the prosecutor's insistence on fitting the Nazis'
unprecedented crimes into conventional legal standards--precisely the
legalistic approach Arendt might have advocated. Eager to use the most
reliable proof, they based their case on documents, flooding the court
with paper and numbing the audience to its contents. The result was an
eleven-month trial that produced, as Rebecca West wrote in The New
, "boredom on a huge historic scale."

The more dramatic moments of the trial, meanwhile, were the most legally
problematic. Take, for example, the screening of the innocuously titled
film Nazi Concentration Camps, which Douglas analyzes in detail.
Made by Allied army officers at the time of liberation, the hourlong
black-and-white documentary reveals camp prisoners with "the twisted
facial geometries and afflicted eyes of the demented," writes Douglas.
The horrors increase as the camera moves from one camp to the next,
lingering on emaciated, naked bodies piled upon one another, unclear if
they are dead or alive. German citizens, meanwhile, are presented as
complicit: "smiling Weimar women, dressed in their Sunday best,
strolling along a tree-lined road, on their way to view the camps by
'invitation' of the Americans."

The response in the courtroom, Douglas recounts, was a stunned silence.
The images, it seemed, spoke for themselves. But what exactly did they
say? The film, whose introduction violated basic rules of evidence,
never indicated who was responsible for the horrors portrayed. Nor did
it name or even accurately convey the crimes committed. Instead of
defining them as crimes against humanity, it presented them as crimes of
war. For political and procedural reasons, crimes against humanity were
defined in such a cramped manner that the term barely surfaced during
the trial. Likewise, genocide, although mentioned in the indictment and
in closing arguments, was otherwise never raised. So eager were the
prosecutors to fit the square peg of the Holocaust atrocities into the
round hole of conventional legal forms that they ultimately distorted
the truth. Although the defendants were appropriately convicted, Douglas
maintains that the historic and didactic impact of the trial was
severely limited by the prosecution's adherence to the most conventional
construction of the law.

In the Eichmann trial, the Israeli prosecutors were determined to do
better. Here, survivor testimony, rather than documents, was central to
the case, providing "the dramatic focus of the trial" and building "a
bridge from the accused to the world of ashes," writes Douglas. But the
Eichmann prosecution made miscalculations of its own. In the Israeli
attorney general's effort to reach beyond proving Eichmann's guilt to
portraying the vast crimes of the entire Holocaust, he opened himself up
to Arendt's criticism that the trial had lost its legitimacy. More than
100 survivors testified about their experiences--a form of "national
group therapy." But while their stories reminded the world of the Nazi
atrocities, they were mostly not about Eichmann.

Eichmann, meanwhile, eerily encased in a glass booth, was presented as a
vicious animal. As the Gestapo's expert on Jewish affairs, though,
Eichmann was not a Nazi leader; he was a bureaucrat, the epitome of what
Arendt describes as "the terrifyingly normal" person who commits
horrendous crimes. Yet the portrayal of him as a monster served the
prosecution's aim of reminding the public of the Third Reich's evil, as
well as the laws demanding that Eichmann's crimes be intentional ones.

To Arendt, the trial also failed as a legal matter because rather than
charging Eichmann with crimes against humanity, the prosecutors, eager
to bolster the political identity of the state of Israel and its new
citizens, framed the charges more narrowly, as crimes against the Jews.
By rejecting the broader legal category, argues Arendt, the prosecutors
failed to create what should have been an important precedent for future

Douglas acknowledges these problems but insists that Arendt's criteria
for success are too narrow. Such trials should do more than apply the
law and reach a judgment; they should create an accurate historical
record and shape collective memory, he maintains. The Eichmann trial was
a legal success, then, "insofar as it transformed understanding of what
the law can and should do in the wake of traumatic history."

Douglas is far less sanguine about the later Holocaust trials, which he
claims obfuscated the very history they were intended to enlighten. The
Zundel trial, in particular, applied legal procedural rules so strictly
that much of the evidence of Nazi crimes was excluded, allowing
Holocaust deniers to turn the trial into a forum for revisionist

Although for the most part he is thorough and convincing, Douglas
occasionally stumbles. For example, he doesn't adequately respond to
Arendt's charge that a domestic trial of an individual accused of
committing an international atrocity can fall prey to political agendas
that distort the historical record. His point about truth commissions
also misses the mark. Douglas maintains that truth commissions are
inadequate because "a trial without judgment is like a race without a
finish--it lacks the sine qua non of dramatic closure that frames and
adds meaning to the shared narratives." But the real shortcoming of
truth commissions is that they don't fulfill two important aims of
criminal law: retribution and deterrence. Douglas is dismissive of the
notion that war crimes trials can have a deterrent effect, but he
shouldn't be. Domestic courts or ad hoc tribunals may be less likely to
deter would-be international law violators, but a permanent
international criminal court that systematically and effectively
prosecutes perpetrators could certainly, over time, do just that.

In coining the phrase "the banality of evil," Arendt observed that an
unthinking person might discard his own moral compass when a new one is
imposed. Ironically, that notion cries out for a far broader role for
criminal tribunals than Arendt would have countenanced. An established
international court that both judges individuals accused of widespread
atrocities and records the experiences of survivors could act as a moral
counterweight to domestic totalitarian leaders. Such a court holds out
the promise not only of deterring the potential architects of organized
brutality but of humanizing their victims in a way that even the most
thoughtless functionary might find difficult to ignore.

A review of Suzan-Lori Parks's Topdog/Underdog.


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