After Genocide: Bringing the Devil to Justice

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Prometheus Books, 2009 - History - 441 pages
Imagine a criminal justice system that achieves fewer than five convictions per year and spends more than $20 million on each one. By some measures, this would make it the least efficient prosecutorial system in recorded history. Imagine that this same system consistently runs the risk of creating rather than deterring crimes, with few victims or perpetrators believing that it provides fairness, equity, or justice. For many in Rwanda, the former Yugoslavia, Sierra Leone, and elsewhere, this is the reality of the justice that the world community has provided for them in its international criminal tribunals. How did one of the bravest and most optimistic expressions of post-Cold War global power- the provision of justice to those victimized by atrocious crimes--slip into a system in which so many doubt justice is being done, a system that may well exacerbate the problems it was designed to fix? Adam M. Smith, an international lawyer and the son of a Holocaust refugee, has worked on international justice in The Hague, the Balkans, Africa, and Asia. He comprehensively examines the complex, politicized world of international criminal justice from the ground up--from the perspective of those victims and survivors in whose name justice is being provided. Smith reviews the shortcomings of the international justice system in several hot spots, including the following: the former Yugoslavia where, in the eyes of many, a$2 billion investment in international justice has backfired, leaving victims' interests unaddressed and helping to entrench radicalism. Sierra Leone, where the same murderous wartime factions that the international community tried to dismantle remain--in some quarters stronger than ever. Rwanda, where no sector of the post-genocide society believed "their" international tribunal would bring justice, and the court itself has left true reconciliation on the back burner. Sudan and Uganda where the nascent International Criminal Court has replicated many of the problems that plagued the tribunals established for the former Yugoslavia, Sierra Leone, and Rwanda. Are other options available to provide justice without the devastating side effects? Smith illustrates the viability of a counterintuitive, yet historically tested, solutions to dealing with genocide and other atrocities: placing the victims, survivors, and perpetrators center stage and entrusting the challenging and potentially destabilizing work of war crimes justice to the very states affected by the crimes. After Genocide is indispensable reading for voters, policymakers, and citizens, as well as lawyers, academics, and human rights activists who hope that "never again" can become more than a platitude.

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Contents

List of Abbreviations
11
CHAPTER 2
31
CHAPTER 3
49
Copyright

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About the author (2009)

Adam M. Smith (Bethesda, MD) is an associate at a Washington, DC-based international law firm who has advised presidential candidates, held staff positions with the United Nations and the World Bank, and worked at US embassies in three countries, for the United States Court of Appeals for the Armed Forces, and for the legal adviser to the State Department. He has published in magazines such as Forbes, American Prospect, and New Republic, and such prestigious journals as Harvard International Law Journal, Fletcher Forum, and Commonwealth Journal of International Affairs. He has been interviewed by NPR, Reuters, AP, CNN, and others and has a coauthored academic text forthcoming by Routledge.

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