When I joined the UN War Crimes Tribunal, it was a realization of the dream of justice, that finally after Nuremberg, the UN is going to put the accused on trial again! And I still believe that accountability that eradicates impunity is very, very important for transforming the sordid culture of politics and power that we see in the world. But we need to be humble about the fact that justice will not bring back the dead.
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 AkhavanWhen I joined the UN War Crimes Tribunal, it was a realization of the dream of justice, that finally after Nuremberg, the UN is going to put the accused on trial again! And I still believe that accountability that eradicates impunity is very, very important for transforming the sordid culture of politics and power that we see in the world. But we need to be humble about the fact that justice will not bring back the dead.
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 AkhavanCriminal 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 Akhavan