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Bass - Stay the Hand of Vengeance: The Politics of War Crimes Tribunals

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Bass Stay the Hand of Vengeance: The Politics of War Crimes Tribunals
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International justice has become a crucial part of the ongoing political debates about the future of shattered societies like Bosnia, Kosovo, Rwanda, Cambodia, and Chile. Why do our governments sometimes display such striking idealism in the face of war crimes and atrocities abroad, and at other times cynically abandon the pursuit of international justice altogether? Why today does justice seem so slow to come for war crimes victims in the Balkans? In this book, Gary Bass offers an unprecedented look at the politics behind international war crimes tribunals, combining analysis with investigative reporting and a broad historical perspective. The Nuremberg trials powerfully demonstrated how effective war crimes tribunals can be. But there have been many other important tribunals that have not been as successful, and which have been largely left out of todays debates about international justice. This timely book brings them in, using primary documents to examine the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II, and the recent wars in the former Yugoslavia.


Bass explains that bringing war criminals to justice can be a military ordeal, a source of endless legal frustration, as well as a diplomatic nightmare. The book takes readers behind the scenes to see vividly how leaders like David Lloyd George, Winston Churchill, Franklin Roosevelt, and Bill Clinton have wrestled with these agonizing moral dilemmas. The book asks how law and international politics interact, and how power can be made to serve the cause of justice.


Bass brings new archival research to bear on such events as the prosecution of the Armenian genocide, presenting surprising episodes that add to the historical record. His sections on the former Yugoslavia tell--with important new discoveries--the secret story of the politicking behind the prosecution of war crimes in Bosnia, drawing on interviews with senior White House officials, key diplomats, and chief prosecutors at the war crimes tribunal for the former Yugoslavia. Bass concludes that despite the obstacles, legalistic justice for war criminals is nonetheless worth pursuing. His arguments will interest anyone concerned about human rights and the pursuit of idealism in international politics.

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Stay the Hand of Vengeance PRINCETON STUDIES IN INTERNATIONAL HISTORY AND - photo 1

Stay the Hand of Vengeance

*

PRINCETON STUDIES IN INTERNATIONAL HISTORY AND POLITICS

Series Editors
Jack L. Snyder
Marc Trachtenberg
Fareed Zakaria


Recent Titles:

Rhetoric and Reality in Air Warfare: The Evolution of British and American Ideas about Strategic Bombing, 19141945 by Tami Davis Biddle

Revolutions in Sovereignty: How Ideas Shaped Modern International Relations by Daniel Philpott

After Victory: Institutions, Strategic Restraint, and the Rebuilding of Order after Major Wars by G. John Ikenberry

Stay the Hand of Vengeance: The Politics of War Crimes Tribunals by Gary Jonathan Bass

War and Punishment: The Causes of War Termination and the First World War by H. E. Goemans

In the Shadow of the Garrison State: Americas Anti-Statism and Its Cold War Grand Strategy by Aaron L. Friedberg

States and Power in Africa: Comparative Lessons in Authority and Control by Jeffrey Herbst

The Moral Purpose of the State: Culture, Social Identity, and Institutional Rationality in International Relations by Christian Reus-Smit

Entangling Relations: American Foreign Policy in Its Century by David A. Lake

A Constructed Peace: The Making of the European Settlement, 19451963 by Marc Trachtenberg

Regional Orders at Centurys Dawn: Global and Domestic Influences on Grand Strategy by Etel Solingen

From Wealth to Power: The Unusual Origins of Americas World Role by Fareed Zakaria

Changing Course: Ideas, Politics, and the Soviet Withdrawal from Afghanistan by Sarah E. Mendelson

Disarming Strangers: Nuclear Diplomacy with North Korea by Leon V. Sigal

Stay the Hand of Vengeance

THE POLITICS OF WAR CRIMES TRIBUNALS

*

With a new afterword by the author

GARY JONATHAN BASS

PRINCETON UNIVERSITY PRESS

PRINCETON AND OXFORD

Copyright 2000 by Princeton University Press
Published by Princeton University Press, 41 William Street, Princeton, New Jersey 08540
In the United Kingdom: Princeton University Press, 3 Market Place, Woodstock, Oxfordshire OX20 1SY
All Rights Reserved

Third printing, and first paperback printing, with a new afterword, 2002
Paperback ISBN 0-691-09278-8

The Library of Congress has cataloged the cloth edition of this book as follows

Bass, Gary Jonathan, 1969

Stay the hand of vengeance : the politics of war crimes tribunals / Gary Jonathan Bass.

p. cm. (Princeton studies in international history and politics)

Includes bibliographical references and index.

ISBN 0-691-04922-X

1. International criminal courts. 2. War crimes trials. 3. Law and politics. I. Title. II. Series.

KZ6310 .B37 2000
341.69dc21 00-036692

British Library Cataloging-in-Publication Data is available

This book has been composed in New Baskerville

Printed on acid-free paper.

www.press.princeton.edu

Printed in the United States of America

3 5 7 9 10 8 6 4

FOR THE

PEOPLE OF BOSNIA,

TOO LATE,

AND IN MEMORY OF MY GRANDFATHERS,

NATE BASSERABIE

AND

CHONA (JOE) BOBROW

*

* Abbreviations *

CUP

Committee of Union and Progress, a Young Turk nationalist party

EU

European Union

FRY

Federal Republic of Yugoslavia (the republics of Serbia and Montenegro)

HVO

the Bosnian Croat militia

ICC

International Criminal Court, a proposed permanent war crimes court

ICTY

International Criminal Tribunal for the former Yugoslavia

ICTR

International Criminal Tribunal for Rwanda

IFOR

NATOs initial Implementation Force, in Bosnia

IMT

International Military Tribunal, at Nuremberg

IMTFE

International Military Tribunal for the Far East, at Tokyo

JAG

Judge Advocate General

JNA

Yugoslav National Army; since April 1992, known as VJ

KFOR

Kosovo Force, the NATOled mission in Kosovo

KLA

Kosovo Liberation Army, also known as UCK

NATO

North Atlantic Treaty Organization

NDH

the World War IIera fascist Independent State of Croatia

OHR

Office of the High Representative, the civilian agency implementing the Dayton accords in Bosnia

RPF

Rwanda Patriotic Front

SFOR

Stabilization Force, the successor force to IFOR

UN

United Nations

UNWCC

United Nations War Crimes Commissionin World War II

UNPROFOR

United Nations Protection Force

VRS

Bosnian Serb Army; also known as BSA

Stay the Hand of Vengeance

*

[W]hen these matters are discussed by practical people, the standard of justice depends on the equality of power to compel and that in fact the strong do what they have the power to do and the weak accept what they have to accept.

Thucydides, History of the Peloponnesian War

That four great nations, flushed with victory and stung with injury, stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason.

Justice Robert Jackson, U.S. opening statement at Nuremberg

* CHAPTER ONE *

Introduction

T IHOMIR BLASKIC was brought into court in The Hague on June 24, 1997, flanked by two policemen wearing the baby-blue of the UN. An unexceptional dark man with wispy thinning black hair and gold glasses, dressed for the occasion in a gray civilian suit, Blaskic looked constantly grim. He did not change his expression as the morning wore on. He gave no hint of emotion, even when the prosecutor, a square-jawed American draped in a black robe, described the 1993 sack of Ahmici, a small, innocuous village in central Bosnias Lasva Valley.

Blaskic had then been a colonel and the commander of the Bosnian Croat armys operations in central Bosnia. In April 1993, Dario Kordic, the young local Bosnian Croat leader, decided to take the Lasva Valley, a rugged area populated both by Muslims and Croats. Forces under Blaskics command launched an assault on the Bosnian governments forces and the Muslim towns of the Lasva Valley. The rain of shells took a heavy toll on Muslim civilians. Men allegedly under Blaskics command rounded up hundreds of Muslims who remained in the valley, and held them in makeshift facilities in Vitez and Busovaca. They forced the prisoners, hungry and thirsty, to dig trenches on confrontation lines or used them as human shields to deter the Bosnian government forces from striking back at the Croat forces. The atrocities in Ahmici, a mostly Muslim village, were the most notorious: its mosques and the homes of its Muslim inhabitants had been razed, and ninety-six civilians were killed.

But that was all a world away. Now Blaskic could only see Ahmiciwith its Muslim houses gutted, and Croatian nationalist graffiti spray-painted on a toppled Muslim minaretin stark black-and-white video images, filmed by a swooping camera that had been carried by a NATO helicopter. Blaskics old headquarters at the Hotel Vitez, only about five kilometers from Ahmici and mere blocks away from what became a mass grave site, were also just pictures on the screens in a hushed and darkened courtroom on the other side of Europe. Instead, Blaskic was surrounded by the self-important trappings of a new effort at international justice.

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