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Beyond selective justice

The recent arrest of Ratko Mladic and his transfer to The Hague have brought the international mechanism to dispense justice into sharp focus once again. Mladic’s arrest has been hailed by the international community and declared a milestone in the path to ensure international criminal justice as after Mladic, only one major Serbian war criminal remains at large. But it is worth noting that selective international prosecutions cast the legitimacy of the system into doubt as justice must not only be done but must also be seen to be done. Throughout human history, war has brought about suffering and misery to humanity. In ancient and medieval ages, warfare was especially cruel and excessive. For centuries, over and over again, war has been extended to the civilian population leading to the ill-treatment and killing of women, children, and the elderly. Notwithstanding the existence of rules and laws regulating the conduct of warfare, war crimes were committed with impunity for the most part, till the twentieth century. Twenty-two Nazi leaders were prosecuted of which three were acquitted, 12 were sentenced to death by hanging, and seven were sentenced to imprisonment of varying terms. Among the 28 Japanese defendants charged with war crimes and crimes against peace, two died during the course of the trial, seven were sentenced to death, and the rest were sentenced to life imprisonment. In the post-WWII trials, the reflection of victor’s justice is glaringly evident. The war leaders of the Allied countries in the Second World War who had committed atrocities against civilians went scot-free. However, those responsible for dropping bombs on Hiroshima and Nagasaki, when the axis powers were close to surrender, were never held accountable. In the decade of the 1990s, two more ad-hoc international tribunals were established to deal with war crimes committed in the territories of former Yugoslavia and Rwanda. The judgements of both these tribunals have significantly contributed to the development of jurisprudence of international criminal law. The establishment of these tribunals also gave an impetus to the founding of the International Criminal Court (ICC) so that the perpetrators of war crimes, genocide, and crimes against humanity may not escape justice. Unfortunately, even today, the establishment of ‘universal justice’ remains a remote possibility in the face of realpolitik.

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