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In the Aftermath of Crimes Against Humanity: Why Internationally Legitimate Tribunals are Vital in Post-Conflict Development

Author(s): Kaitlin Justice

Presentation: oral

The orthodox rational behind establishing international criminal tribunals is to uphold international humanitarian law and deter future dictators from committing war crimes, crimes against humanity, and genocide. This paper argues that the main importance of such tribunals is their influence in domestic recovery, not to seek justice to uphold international humanitarian law. In states recovering from mass atrocities, Internationally Legitimate Tribunals (ILTs) are essential to establishing the domestic structural foundations needed for durable peace, rebuilding of critical institutions, and economic and social development. Tribunals remain crucial in the reconstruction development process, because they contribute to rebuilding institutions, peacebuilding, and restoring trust, which remain the foundations for widespread recovery and development. By analyzing mass atrocities throughout the 20th century, this paper demonstrates how ILTs: 1. Set standards for a society of what is and isn’t acceptable in reconstructing its government and institutions; 2. Establish individual responsibility rather than assigning collective guilt; 3. Discover and publicize the truth; and 4. Respond to the needs of the victims.

 

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