CSM column criticizes war-crimes courts


Posted by Helena Cobban
May 12, 2005 9:26 PM EST | Link
Filed in Transitional Justice

Here's the column I have in the CSM today. It's a quick out-take from what I've been writing about the past couple of weeks.

It's about (guess what) the dysfunctionality of war-crimes prosecutions as a way to help societies escape from legacies of atrocity-laden conflict.

I got a call from a producer at a Canadian Broadcasting Corporation show called The Hour. She sounded pretty interested in the subject and they're going to do a taped interview with me Monday. It'll probably run Monday evening, but I'll try to let JWN's extensive Canadian readership know whether that is so, or not.

I feel I am s-o-o-o-o-o close to finishing this last chapter of my book. Well, maybe yes and maybe no. I'll know it's The End when I finally write those little magic words, "The End."

I went down to the peace demonstration again this afternoon. Still a great cacophony of honks down there.



Comments
Comment from... drlemur, at May 13, 2005 10:50 AM:

Here's a slightly different angle on the concept of war crimes courts:

Would the investigation of Bush and his administration for possible war crimes committed in the Iraq war be a healing or hurtful process for the U.S. in the future when we're trying to "get over" this unfolding national tragedy?

I think an independent analysis can make a pretty good case for war crime evidence by our administration:
1. The war was likely illegal
2. Suspension/disregard for Geneva conventions
3. Mass detentions of innocents without cause or process
4. Torture of detainees
5. Collective punishment of civilian populations to attempt to deter insurgents (e.g. Fallujah)
6. Official "rules of engagment" that reflect a wanton disregard of civilian and innocent lives (e.g., as witnessed by the Giuliana Sgrena shooting).

I would normally consider myself moderately patriotic, but I think the evidence that my government's conduct is criminal is becoming overwhelming. I would personally find it cathartic to see the war crimes issue raised to national or international profile, although I suspect I'm in the minority for feeling that way.

drlemur

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Comment from... Shirin, at May 15, 2005 01:01 PM:

"Would the investigation of Bush and his administration for possible war crimes committed in the Iraq war be a healing or hurtful process for the U.S. in the future when we're trying to "get over" this unfolding national tragedy?"

ummmmmmmmm - let me get this straight. Your government bombs a small, weak country into a state of shock and awe, invades it, kills tens of thousands of its citizens, causes chaos and destruction the country has not experienced since the Mongol invasion, turns what were among the safest streets in the world into the most dangerous, destroys entire cities, completes the destruction of the infrastructure it began in 1991, arbitrarily rounds up, arrests and tortures Iraqis by the thousands, forces vast and self-serving economic, political, and social changes on the country....and they insist upon "staying the course" despite the fact that the course is leading Iraq off a ten thousand foot cliff.

And you think of this as YOUR national tragedy?!!!! I knew Americans saw themselves as the center of the world, but this - particularly coming from someone who realizes the whole thing was a grievous crime - really takes the cake.

Comment from... SimonC, at May 15, 2005 10:30 PM:

Good luck on your interview with "The Hour" on CBC. The show is oriented towards a younger audience and has an informal format. The host, George Stroumboulopoulos, is a bit of a pop culture guy but generally well informed and serious about getting the story out in a fair manner. He's not, evidently, a fan of the current U.S. administration, but that's 95% of Canadians anyway (by the last Gallup poll on the issue).

Comment from... drlemur, at May 16, 2005 06:13 PM:

Shirin,
Apologies for appearing self-centered. Note that I didn't say "our" national tragedy, but I was, indeed, raising the question of a "healing" process that might occur someday in the U.S. I certainly didn't mean to indicate that I didn't think that the U.S. now has an ongoing obligation to do whatever is possible to try to make things better in Iraq -- I think we're morally committed to our best efforts to make things better for decades to come.

I was, in fact, trying to take a more external perspective. You won't find many within the U.S. who think that Bush and his administration should be brought up on war crimes. I do. If you find it more interesting, flip the question around and ask whether a tribunal would help the Iraqi people. I think this is the sort of question Helena has been considering in her discussions of the effects of war crimes tribunals in Africa. Would it help anything material in Iraq? In the US?

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