Law, Politics and the Limits of Prosecuting Mass Atrocity (Human Rights Interventions)

Damien Rogers is Senior Lecturer at the Centre for Defence and Security Studies at Massey University, New Zealand. This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects Dedication 6 Preface 7 Contents 9 Chapter 1: Introduction 11 Law and Politics 15 Hostis Humani Generis and Modernist Discourse 20 Prosecuting Mass Atrocity and Silent War 25 Perspective and Structure 28 References 36 Part I: Prosecuting Mass Atrocity After the Second World War 41 Chapter 2: International Military Tribunals 42 Politics: Grand Coalition Consensus 43 Law: Victor’s Justice 45 War: Rebuilding After International Armed Conflict 50 Conclusion 57 References 62 Chapter 3: Indictment of German and Japanese War Leaders 66 First Generation of International Prosecutors 67 Selecting the Charges 71 Selecting the Accused 78 Conclusion 85 References 91 Chapter 4: Opening Statements at Nuremberg and Tokyo 94 Rhetoric of Law 95 Rhetoric of Politics 99 Rhetoric of War 103 Conclusion 107 References 111 Part II: Prosecuting Mass Atrocity After the Cold War 112 Chapter 5: Ad-hoc International Criminal Tribunals 113 Politics: UN Security Council Consensus 114 Law: Hegemon’s Justice 121 War: Rebuilding After Internal Armed Conflict 124 Conclusion 132 References 138 Chapter 6: Indictment of Yugoslav and Rwandan Troublemakers 141 Second Generation of International Prosecutors 142 Selecting the Charges 145 Selecting the Accused 149 Conclusion 154 References 158 Chapter 7: Opening Statements at The Hague and Arusha 160 Rhetoric of Law 161 Rhetoric of Politics 166 Rhetoric of War 170 Conclusion 174 References 177 Part III: Prosecuting Mass Atrocity During the War on Terror 178 Chapter 8: International Criminal Court 179 Politics: Consensus Among the Like-Minded Group 180 Law: Donors’ Justice 187 War: Rebuilding After Mass Atrocity 194 Conclusion 197 References 203 Chapter 9: New Generation of Prosecutors: Warrants, Summonses and Opening Statements 205 Third Generation of International Prosecutors 206 Warrants and Summonses 208 Opening Statements 214 Conclusion 222 References 226 Chapter 10: Conclusion 228 References 240 Index 242 This Book Offers A...critique Of The Quest For International Criminal Justice. It Explores The Efforts Of Three Successive Generations Of International Prosecutors, Recognising The Vital Roles They Play In The Enforcement Of International Criminal Law. By...examining Prosecutorial Performance During The Pre-trial And Trial Phases, The Volume Argues That These Prosecutors Are Simultaneously Political Actors Serving In The Interests Of Economic Liberalisation. It Also Posits That International Prosecutors Help Wage A Mostly Silent And Largely Unacknowledged Politico-cultural War Fought For Control Over The Institutions Governing Modernist International Affairs. As The Author Contends, International Prosecutors Are Thus Best Understood As Agents Not Only Of The Law And Politics, But Also Of A War Fought By Proponents Of Various Utopian Projects.-- International Military Tribunals -- Indictment Of German And Japanese War Leaders -- Opening Statements At Nuremberg And Tokyo -- Ad-hoc International Criminal Tribunals -- Indictment Of Yugoslav And Rwandan Troublemakers -- Opening Statements At The Hague And Arusha -- International Criminal Court -- New Generation Of Prosecutors : Warrants, Summonses And Opening Statements. Damien Rogers. Includes Bibliographical References And Index. "This book offers a ... critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By ... examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects."--Résumé de l'éditeur "This book offers a ... critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By ... examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects."-- Back cover Front Matter ....Pages i-x Introduction (Damien Rogers)....Pages 1-30 Front Matter ....Pages 31-31 International Military Tribunals (Damien Rogers)....Pages 33-56 Indictment of German and Japanese War Leaders (Damien Rogers)....Pages 57-84 Opening Statements at Nuremberg and Tokyo (Damien Rogers)....Pages 85-102 Front Matter ....Pages 103-103 Ad-hoc International Criminal Tribunals (Damien Rogers)....Pages 105-132 Indictment of Yugoslav and Rwandan Troublemakers (Damien Rogers)....Pages 133-151 Opening Statements at The Hague and Arusha (Damien Rogers)....Pages 153-170 Front Matter ....Pages 171-171 International Criminal Court (Damien Rogers)....Pages 173-198 New Generation of Prosecutors: Warrants, Summonses and Opening Statements (Damien Rogers)....Pages 199-221 Conclusion (Damien Rogers)....Pages 223-236 Back Matter ....Pages 237-244