Cover

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Title Page, Copyright, Dedication

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pp. i-viii

CONTENTS

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pp. ix-xii

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INTRODUCTION: Ambassador to Hell

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pp. 1-12

Isaiah prophesied, “And the loftiness of man shall be bowed down, and the haughtiness of man shall be made low.”1 That prediction bore truth in my lifetime and on my watch. I recall Freetown, Sierra Leone, in February 1999. A teenage girl named Nancy lay before me in...

PART I

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CHAPTER ONE: An Echo of Nuremberg

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pp. 15-44

In the beginning there was no grand design to build a series of war crimes tribunals culminating in a permanent international criminal court. No one could foresee that there would be enough slaughter of innocents in the 1990s to beckon forth judges and prosecutors for...

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CHAPTER TWO: It’s Genocide, Stupid

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pp. 45-68

The visitor to Rwanda marvels at the beauty of its endless treecovered hills before pausing at fi elds of wooden crosses—thousands of sticks nailed or lashed together to mark the graves of the genocide victims of 1994. I visited such makeshift cemeteries often...

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CHAPTER THREE: Credible Justice for Rwanda

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pp. 69-86

In the aftermath of the genocide that ravaged Rwanda, there had to be a judicial response at least as credible as that which the Balkans atrocities had inspired with the Yugoslav Tribunal. Thanks in large measure to Albright’s leadership at the time, serious planning for building a war crimes tribunal for Rwanda commenced in...

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CHAPTER FOUR: Abandoned at Srebrenica

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pp. 87-107

As the Yugoslav Tribunal grew from an idea in 1993 to an operating court issuing its fi rst indictment in 1994 and fi nally to a trial court in 1995, the war and its associated atrocity crimes ground on mercilessly. The tribunal coexisted with the relentless criminal...

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CHAPTER FIVE: The Pastor from Mugonero

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pp. 108-123

The early years of the Rwanda Tr ibunal were chaotic and full of uncertainty as to whether international justice would prevail for the victims of the 1994 genocide. Corruption within the tribunal’s ranks was a pervasive problem that occupied more of my time than practically any other of the tribunal’s issues. But that story need not be related here. Ultimately, incompetent or corrupt...

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CHAPTER SIX: Unbearable Timidity

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pp. 124-160

For more than five years, from the summer of 1995 until I left the State Department on the last day of the Clinton administration in January 2001, there was one high-profi le challenge—the apprehension of indicted war criminals—that was excruciating to grapple with day...

PART II

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CHAPTER SEVEN: The Siren of Exceptionalism

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pp. 163-198

The fate of the tribunals for the Balkans, Rwanda, Sierra Leone, and Cambodia is their temporary and limited jurisdiction. These courts were built as ad hoc judicial remedies for specific theaters of atrocity crimes committed during snapshots of time. They are each meant to close their doors soon, with their courtrooms and...

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CHAPTER EIGHT: Futile Endgame

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pp. 199-242

The diplomatic conference on the International Criminal Court convened in Rome on June 15, 1998, during a very hot summer in the largely non-air-conditioned and Mussolini-era Food and Agriculture Organization building. It faces Circus Maximus, an open field where once...

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CHAPTER NINE: Rome’s Aftermath

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pp. 243-264

During the flight home from Europe on July 19, 1998, I jotted down my reflections on what had gone wrong during the Rome negotiations on the International Criminal Court. One example stood out. At the height of the conference, a mysterious set of devastating “talking points” reportedly prepared for Defense Secretary William Cohen landed in the...

PART III

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CHAPTER TEN: Crime Scene Kosovo

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pp. 267-311

More than two years after the Dayton Peace Agreement, when the atrocity crimes being investigated by the Yugoslav Tribunal were thought to have ceased, brutality swept over the landlocked Serbian province of Kosovo, which is located south of Bosnia and Herzegovina, east of Albania, and just north of FYROM. For several years, the Kosovo Liberation Army (KLA), which was a guerrilla force of Kosovar-Albanians of Muslim faith dedicated...

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CHAPTER ELEVEN: Freetown Is Burning

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pp. 312-356

The trial of Charles Taylor, the charismatic and diabolical former president of Liberia, before the Special Court for Sierra Leone in recent years was the closing chapter of an eighteen-year journey: atrocity crimes in Sierra Leone stretching from 1991 to 2001, a flawed peace agreement in July 1999, negotiations that built the war crimes...

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CHAPTER TWELVE: The Toughest Cockfight

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pp. 357-422

International justice is the art of the possible, and nowhere was that demonstrated more profoundly than in Cambodia. Whenever impatience or frustration engulfed the Office of War Crimes Issues, I reminded all, “Welcome to my life with Cambodia.” My journey with Cambodia reaches back much further...

PART IV

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CHAPTER THIRTEEN: No Turning Back

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pp. 425-436

In November of 2009, I observed the closing arguments at the Cambodia Tribunal in the trial of Kaing Guek Eav, or “Duch,” the warden from Tuol Sleng Prison. I had last seen the auditorium on the outskirts of Phnom Penh being renovated in anticipation of the Cambodian trials several years earlier and wondered whether...

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CHAPTER FOURTEEN: Postscript on Law, Crimes, and Impunity

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pp. 437-456

Bonded together in a death grip during the 1990s were two phenomena that at first seemed beyond the will of humankind to defeat: the surge of atrocities and the impunity that shielded political and military leaders as they plotted Hell on earth. Neither reality disappeared on my watch. But they were boldly confronted in...

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Acknowledgments

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pp. 457-459

Often I am asked what inspired me to pursue a career in international law and, more particularly, international justice. The answer is fairly simple: three professors. As an undergraduate at Harvard, I read How Nations Behave (New York: Columbia University Press, 1968) by one of the great international law professors, Louis Henkin, who passed away in 2010. His writing exposed...

Appendix: Comparison of Modern War Crimes Tribunals

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pp. 460-466

Notes

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pp. 467-516

Further Reading

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pp. 517-526

List of Illustrations

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pp. 527-528

Index

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pp. 529-552