By Zachary D. Kaufman
This ebook demanding situations the "legalist" paradigm, which postulates that liberal states pursue battle crimes tribunals simply because their decision-makers carry a principled dedication to the rule of thumb of legislation. Kaufman develops another theory-"prudentialism"-which contends that any nation (liberal or intolerant) might help bona fide battle crimes tribunals. extra regularly, prudentialism proposes that states pursue transitional justice recommendations, now not out of strict adherence to definite rules, yet due to a case-specific balancing of politics, pragmatics, and normative ideals. Kaufman exams those competing theories throughout the U.S. adventure in six contexts: Germany and Japan after international struggle II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses opposed to Kuwaitis, the atrocities within the former Yugoslavia within the Nineteen Nineties, and the 1994 Rwandan genocide.
Kaufman demonstrates that political and pragmatic components featured as or extra prominently in U.S. transitional justice coverage than did U.S. govt officers' normative ideals. Kaufman therefore concludes that, at the very least for the USA, prudentialism is enhanced to legalism as an explanatory conception in transitional justice policymaking.
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