Criminal trials are fundamentally about individual accountability whereas truth commissions are less about the guilt of the perpetrator and more about the suffering of the victim. A criminal trial is only incidentally a therapeutic or cathartic process for victims. But truth commissions, as we saw in South Africa, have the advantage of giving tens of thousands of people the opportunity to tell their stories, and not only does that contribute to healing but it also contributes to reconciliation, especially when perpetrators also come and express contrition.
Payam AkhavanIn many instances violence - which obviously inflicts tremendous trauma on victims - also inflicts trauma on the perpetrator. Radical evil takes a lot of preparation, not just from an organizational point of view, but from brainwashing, psychological preparation and the legitimization of violence.
Payam AkhavanThe reason why the war ended in Bosnia was not because of amnesty but because a combined Croat-Bosnian offensive defeated the Serbs on the battlefield. Sometimes naïveté belongs not to the human rights activists but to the politicians.
Payam AkhavanI hate the tribal hatred thesis - in Yugoslavia and Rwanda and places like that they kill each other because that's just what people do there. I think it's profoundly ignorant. I was astonished when Samuel Huntington wrote his famous clash of civilizations essay in response to the Yugoslavian war. I was on the streets in Sarajevo and every other person I met came from a mixed marriage. And here is Professor Huntington from Harvard writing this is a clash of civilizations. That was absurd.
Payam AkhavanIn Yugoslavia we were told we were not only naive idealists in wanting war criminals to be prosecuted but that we were actually standing in the way of a ceasefire which would save more lives. The idea was that, by giving amnesty to these ruthless warmongers, you would give them an incentive to stop killing. I found that incredibly naive, never mind cynical. Having been on the ground and having met with these ruthless killers, I knew the only thing they understood was the language of force.
Payam Akhavan