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By Nanci Adler
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Extra resources for Genocide and Accountability: Three Public Lectures by Simone Veil, Geoffrey Nice and Alex Boraine
Example text
A Holistic Approach Accountability The rule of law and the fair, even administration of justice deserve our greatest respect. No society can claim to be free or democratic without strict adherence to the rule of law. Dictators and authoritarian regimes abandon the rule of law at the first opportunity and resort to brazen power politics leading to all manner of excesses. It is of central importance, therefore, that those who violate the law are punished. But there are limits to law and we need to em- 45 brace a notion of justice that is wider, deeper, and richer than retributive justice.
The UN Tribunals can be credited with many successes, and I want to refer to some of these. They have brought significant advances to humanitarian law, especially in the following three respects: first, the illogical and politically motivated distinction between the protection of civilians in civil war as opposed to international armed conflict has been narrowed almost to the point of extinction, as evidenced by the judgements of the ICTY in Tadić and other cases; secondly, the appropriate recognition has been achieved of gender-related crimes, and especially systematic mass rape, as an instrument of war including, in some cases, genocide; thirdly, there has been an ending of the denials that war crimes, including genocide, were committed both in the Balkans and in Rwanda.
He had been just a credit card cheat. Now he glorified in the name of the ‘Serbian Adolf’, and bragged about the number of people he had killed before his morning coffee. All of these men had been changed completely from what they were to what they became in what would appear to be the space of a few days. They had been subjected to enormous forces that operated in the former Yugoslavia, just as similar forces have operated in tragedies of a similar kind throughout the centuries. And if there is one particularly intriguing aspect of the work of those of us who have to prosecute these cases, it is considering how all these forces – brought about by some series of events – come to do what they do.