Unimaginable Atrocities: Justice, Politics, and Rights at the War Crimes Tribunals.
Dutton, Yvonne M.
Unimaginable Atrocities: Justice, Politics, and Rights at the War
Crimes Tribunals. By William Schabas. Oxford: Oxford University Press,
2012.
In this book of eight chapters, William Schabas explores what he
calls some "controversies that surround modern atrocity
trials" (p. 2). He sets the stage by noting that since 1989, the
world community has increasingly relied on international judicial
institutions to hold those accused of committing atrocities accountable.
He suggests that international justice has apparently become an
indispensable component of the policy agendas of the United Nations and
other organizations focused on ending world conflict and promoting
lasting peace (p. 2). That states frame the goals of international
justice with such political and policy-oriented language causes Schabas
to argue that international justice is unique and distinct from national
criminal justice. The policy and politics of international justice is
the subject of this book and the impetus behind Schabas's selection
of issues to address.
For example, Schabas explores how cases are selected for
international prosecution, arguing that there is an unavoidable
political dimension to selection not present at the domestic level.
Because of political considerations, the citizens of some powerful
states may be off limits. Obtaining the cooperation of witnesses may
mean that only one side to a conflict is prosecuted, even if both sides
committed crimes. Moreover, because resources are limited, prosecutors
have to choose among atrocities committed in different parts of the
world. He also explores policy and politics by focusing on the
"tension between amnesty and international prosecution" (p.
196). Here, Schabas takes on those who argue that there is no peace
without justice and that amnesties, in fact, cannot lead to lasting
peace. Instead, he suggests such claims are unproven, and urges
policymakers to consider the possibility that in some cases peace might
be obtained only if justice is sacrificed.
Perhaps the main shortcoming of the book is that it leaves readers
wanting more since many of the chapters themselves could likely be
expanded into a book. This is an engaging book for both novices and
experts in international criminal law.