POL SCI 124C Chapter Notes - Chapter 3: Stephen D. Krasner
4 Apr 2018
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Trials did not prosecute all germans that were active participants in the active regime > many survived to live comfortable lives. Tribunals scaled back to focus on rebuilding germany into democracy and capitalistic polity. Critique of clinton"s decision to sign the treaty creating the icc (perm tribunal that allows judgment of individuals not brought to justice in national courts) 3 issues and concerns (1) would the world be better (more democratic and stable) with vigorous prosecution of those involved in war crimes? (2) courts are wrong instruments for dealing with large scale war and crimes against humanity. Contemporary challenge: encourage rulers that violated hr to make way for democratic successors. But the more they fear prosecution by an icc, the more they will resist leaving and handing over the reigns. So, need to consider political realities in pressing criminal prosecution, as pursuit of justice could hinder democratic rebuilding.
