By Zachary D. Kaufman
This e-book demanding situations the "legalist" paradigm, which postulates that liberal states pursue warfare crimes tribunals simply because their decision-makers carry a principled dedication to the rule of thumb of legislations. Kaufman develops an alternate theory--"prudentialism"--which contends that any nation (liberal or intolerant) may perhaps aid bona fide warfare crimes tribunals. extra in most cases, prudentialism proposes that states pursue transitional justice innovations, no longer out of strict adherence to yes ideas, yet because of a case-specific balancing of politics, pragmatics, and normative ideals. Kaufman checks those competing theories throughout the U.S. adventure in six contexts: Germany and Japan after international battle 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. executive officers' normative ideals. Kaufman therefore concludes that, at the very least for the us, prudentialism is more advantageous to legalism as an explanatory idea in transitional justice policymaking.
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United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics by Zachary D. Kaufman