The last month has been an important one for international
war crimes proceedings. Monday night the
"most wanted man in Europe," a Serbian war
criminal was captured. Even more remarkable, on July 11, just six
days before the 10th anniversary of the ratification of the Rome Statute which
established the International Criminal Court (ICC) -- a treaty which the U.S.
and Israel have still yet to become a party to -- Luis Moreno-Ocampo, the
maverick Chief Prosecutor of the ICC, announced that he was brining charges
against President
Omar al-Bashir of Sudan. In
indicting Bashir the ICC not only made a commitment to holding individuals
responsible for the ongoing genocide in Darfur, it also sent a signal to all
sitting world leaders that they would no longer have immunity from perpetrating
unthinkable crimes simply because of their status as heads of state.
While the Union for Reform Judaism and many others came out
in strong
support of this decision to indict President Bashir, the first sitting
leader to be charged , some in the succeeding weeks have offered the critique
that in pursuing international "justice," the ICC and the UN Security Council have
actually placed a significant road block toward the creation of a lasting peace.
In their
view, efforts toward peace are inversely proportional to efforts of
justice, because such charges simply strengthen the leaders resolve to stay in
power and takes away the potential for a diplomatic end to the conflict. In academic literature this is known as the
"peace v. justice" paradox.
However, as two powerful pieces written in the last two
weeks point out this is simply a false choice.
It is not peace v. justice, but rather justice as a part of peace. As the ENOUGH Project's excellent
report on the subject explains "Holding people accountable for war crimes
is not only the right thing to do from a moral perspective--it directly promotes
peace and makes future such abuses less likely." Additionally as renowned Sudan academic and activist Eric Reeves
explained in the Guardian
Newspaper, "With its relentless and principled pursuit of those responsible
for atrocity crimes, the ICC has created opportunities for political pressure
that offer the people of Darfur their best chance
for improved humanitarian conditions, security and a glimmering hope of peace."
Ultimately, if the UN Security Council decides that this
warrant would put more people at risk it will be able to put the trial on
hold. However, they have not yet chosen
to do that. So while only time will
tell, it remains our movement's firm belief that international criminal prosecutions
are in fact a part of peace not antithetical to it.