Thursday, March 22, 2012

Are International Tribunals worth the money?

I am currently working around the Khmer Rouge Tribunal (formally the ECCC) and the most frequent questions I get are, “do you think it's useful?” and “Isn't it a waste of money?” These are issues that surround all of the international tribunals, from the International Criminal Court (ICC) to the hybrid and ad hoc tribunals for the former Yugoslavia, Rwanda, East Timor, Sierra Leone, Lebanon, Cambodia, and now Bangladesh. Particularly, as in Cambodia, when the tribunal convenes so long after the crimes alleged (30+ years) and the Accused are so old (79-85-years-old), many people argue that we just need to let the country move on, and trust that the perpetrators will die soon and will not commit any more crimes before they die. Also, think of all of the mines you could remove with $150 million. (That's about how much the ECCC has spent since it began investigations in 2006 until February 2012).

However, proponents of the courts argue that, by holding the leaders accountable, we can set an example of the rule of law in countries that have lost ROL, and we may deter leaders in the future from committing these crimes.

The ICC just issued it's first ruling, after 10 years in existence. (Thomas Lubanga found guilty of recruiting child soliders. Great summaries here and here.) The BBC reports that the Court has spent $900bn to date. In fairness, it's not like the Court spent $900bn on one case. The ICC has issued 15 indictments, and so is working on 15 cases, as well as those additional cases that the Prosecuter is investigating. Furthermore, unlike the average domestic court, the ICC is investigating crimes that happened all over the world (in theory. In actuality, all of the current ICC cases are for alleged crimes in African countries.) and that investigation is complex and costly. Still, the court is hideously expensive.

From what I see in Phnom Penh and Cambodia as a whole, the trial is worthwhile. Every Cambodian who I meet and talk to about my work supports the trial, and only want to know more about it, and what the crimes are, and why it's taking so long, and what punishments could be dealt out. True, this trial will not provide closure for all Cambodians, and many may be disappointed with the process or the sentences. But the reality is that no punishment can balance what the Accused are alleged to have done. The value in the court is in acknowledging that those crimes were done, certifying them in a court of law, and holding the perpetrators accountable in a more humane way than they treated their countrymen. It's about setting an example of the rule of law, and opening the discussion of what happened to help the country heal.

And that is working. I recently got back from a trip to the north and Siem Reap (Angkor Wat) and several people cared enough to brave my horrible Khmer to discuss the court and what it meant for the country. These people said that, because of the Court, it is now becoming ok to talk about what happened. The country has seen an explosion of documentary films about the Accused in the past year. (Including “Duch: the Master of the Forges of Hell”; “Enemies of the People”; “S-21: The Khmer Rouge Death Machine”; "Facing Genocide." While some of these were produced several years ago, they are only now being released in Cambodia.) NGOs providing other means of processing and finding healing are popping up everywhere.

Regular people are asking questions like “why is the Accused given an air-conditioned cell and three meals a day, while I don't have enough rice to feed my family?” Answer: fair trial rights and the right of the Accused to humane treatment. (See KMF "Facing Justice" Episode 8, 17:00 on for more televised discussions.)

Projects like the ECCC Handbook on Criminal Procedure Project—which is annotating all of the ECCC rulings with their precedents and ties to Cambodian and international law in order to have a comprehensive precedent reference for students and practitioners—and the Fair Trial Club—which trains young law students, lawyers and NGO workers in the basics of fair trial rights—are defining the legacy of the Court in bolstering ROL in Cambodia.

People are talking about it, asking questions, and learning about what a rule of law entails, and that is the lasting legacy of these courts and what makes it all worthwhile.

1 comment:

  1. 1. Important correction: the ICC has spent $900 million over the past 10 years, not $900 billion.

    2. When we're asking if international tribunals are worth the money (and for the record I think they are), I think it's fairly important that we understand whose money we're talking about here. For the ICC's part, as best as I can tell from five minutes of research, the taxpayers of Japan are its single largest contributors at 22% of the ICC budget, while the taxpayers of Europe combine to provide over 50% of the budget. The question, then, is really "is having the international community find Thomas Lubanga guilty of recruiting child soldiers worth roughly a combined $675 million to the taxpayers of Japan and the EU?" Again, I think it is, but I also think that it's important to clarify the question.

    3. In terms of the ad hoc tribunals, you allude to a hugely valid and interesting problem with them: opportunity costs. If the IC's goal is to promote functioning institutions in developing countries, should moving the chains an indeterminate amount on ROL through a $150 million tribunal be a higher priority than providing security to citizens in the countryside through $150 million worth of de-mining? This isn't my field and I have no idea one way or another, but I'd be interested to hear the different arguments for each side.

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