A longstanding discussion continues in some parts of American politics today as to the possible prosecution of Bush administration officials as well as other persons around the globe for their actions which may or may not be construed as crimes against humanity. In a report issued today Human Rights Watch considers a 20 year experience in 20 different countries on the issue of accountability. The application of the report to the state of affairs in the United States is open for debate. But the report itself contains some remarkable observations and is a worthy (if very lengthy) read.
The International Criminal Court is an independent body headquartered in The Hague in the Netherlands. In recent action the body issued an arrest warrant for Sudan’s sitting president Omar al-Bashir. This sets a precedent for action in future times which cannot be ignored. At the same time many involved in peace negotiations see the threat of punishment as a deterrent to their action. From the HRW report (PDF)
Indeed, to get parties to the table, blanket amnesties have often in the past been offered to those responsible for horrific human rights abuses. Supporters of amnesties argue that those bearing the greatest responsibility for atrocities have no interest in laying down their arms unless they believe that they will not face criminal charges.
Many argue punishment should take a back seat to peace.
However, Human Rights Watch research over the past 20 years in many different countries (only some of which are described in this report) has demonstrated that a decision to ignore atrocities and to reinforce a culture of impunity may carry a high price.
Instead of impeding negotiations or a peaceful transition, remaining firm on the importance of justice—or at least leaving the possibility for justice open—can yield short- and long-term benefits.
In some instances peace was obtained once the wheels of justice began to turn. Peace agreement was reached days after arrest warrants for Slobodan Milosevic.
Similarly, the unsealing of the arrest warrant for Liberian President Charles Taylor at the opening of talks to end the Liberian civil war was ultimately viewed as helpful in moving negotiations forward.
Foregoing accountability may have unintended consequences in addition to failing to bring about the desired peace.
All too often a peace that is
conditioned on impunity for these most serious crimes is not sustainable. Even worse, it sets a precedent of impunity for atrocities that encourages future abuses.
Fair trials bring a sense of justice to victims and may as a result of the proceedings bring to light evidence otherwise not to be uncovered. Other parts of overall justice including all measures of truth telling add to the process and improve the sense of overall right and justice. In some instances even the possibility of distant court activity has brought new moves toward justice within nations.
To pursue prosecutions or not needs to be decided by an open and inquisitive process evaluating all possible measures. Careful consideration of consequences is a necessary part of this process. History has many lessons of value. We may use those lessons to aim at prevention of the same happenings in future times only if we examine and understand that history. As Archbishop Desmond Tutu has said,
As painful and inconvenient as justice may be, we have seen that the alternative—allowing accountability to fall by the wayside—is worse.