puzzling over legality

I'm skimming over the intro to a book titled: "Beyond the Mountains of the Damned: The war inside Kosovo" in which the author Matthew McAllester writes "This is also the story of the Serb paramilitaries who terrorized Pec. They ruled with murder. Today, most of them are alive and well in the new Yugoslavia. So unconcerned are some of Yugoslavia's paramilitaries about the prospect of ever being held accountable for their crimes that they could sit down over coffee and beer after the war to discuss in detail their brief, brutal reign in the hell that was Kosovo" (1).

McAllester raises an important issue here. What is (or is there a) statute of limitations on the prosecution of war crimes/war criminals? Perhaps one reason (the biggest reason) Nuremberg was such a powerful act/example of justice and judicial process because the trials didn't drag out for ten, twenty, thirty or fifty years. Now though, there is the problem of declaring "genocide" and of demanding action, whether that be through sanctions or military action. So I'm curious what happens to those who are left with the memories and consequences of genocide? What recourse do they have? Will the former Yugoslavia have to remain an occupied zone to prevent a future "quagmire"? Will Iraq? I think that the passing of time is important to consider in relation to criminality and "justice." More importantly though, what happens to the survivors after the world media moves on to something a little more, exciting? Afghanistan rarely makes the news these days, but Iraq is mentioned almost hourly, with sprinkles here and there about Dafur. So, when as someone once said "The court of public opinion" develops ADD and amnesia all at once, what legal recourse remains? McAllester also quotes an interesting perspective on this offered by Michael Ignatieff, "...he suggests that Kosovo will set a pattern for the wars of the future: Television, public opinion, domestic political concerns, an absence of self-sacrifice, computer hacking, and the approval of military lawyers vetting all targets will characterize future wars" (2). I have to say I agree with this. It seems that once a "tragedy" is out of sight, it is out of mind except for those who cannot forget it nor leave it behind. I suppose my big question is how does the international legal system of tribunals and criminal courts succeed and fail in its ability to protect basic human rights? I think one huge aspect of failure is time. Failure to act (often due to all sorts of international wrangling between the major powers over prosecutorial rights and other fun issues of power) to recognize/to keep a consistent standard/to uphold humanitarian intervention when it is called for and refuse to support military aggression that masquarades as humanitarian intervention when it will create further chaos, torture, economic disaster, and genocide. Perhaps the biggest problem is in the definitions and who gets to define/utilize those words "torture" and "genocide." When does murder become genocide? When does rape become a crime against humanity vs. simply being a crime against an individual, an individual violation of the borders of the body that state laws are supposed to protect vs. the violation of the agency of one's body with the intent/attempt to annihilate a culture? How do you strengthen the definitions that seem far too vague, far too easily manipulated into something workable and enforcable if States refuge to relinquish any notion of legal sovereignty in prosecutorial matters? In other words, how can any court have any real dominion if the U.S. or another nation can claim exemption? How is international law ever to be taken seriously if those who are actually able (and supposedly willing) to adhere to and enforce it are in the habit of violating it and worse, setting precedents that others can violate it as well? These are my questions. Feedback is welcome. If you have any good resources/insights/concerns on these issues please send them my way.

peace!


"Mothers of the Disappeared" U2, from "The Joshua Tree"
Midnight, our sons and daughters
were cut down and taken from us
Hear their heartbeat...
We hear their heartbeat
In the wind
We hear their laughter
In the rain
We see their tears
Hear their heartbeat...
We hear their heartbeat
Night hangs like a prisoner
Stretched over black and blue
Hear their heartbeat...
We hear their heartbeat
In the trees
Our sons stand naked
Through the walls
Our daughters cry
See their tears in the rainfall