United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics by Zachary D. KaufmanUnited States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics by Zachary D. Kaufman

United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics

byZachary D. Kaufman

Hardcover | April 15, 2016

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In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of transitional justice options (such aswar crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II.This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal)may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these twocompeting theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide.Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatorytheory in transitional justice policymaking.
Dr. Zachary D. Kaufman is an International Security Fellow at the Harvard University John F. Kennedy School of Government's Belfer Center for Science and International Affairs, a Visiting Fellow at both Yale Law School and Yale University's Genocide Studies Program, and a Term Member of the Council on Foreign Relations. Previously, he ...
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Title:United States Law and Policy on Transitional Justice: Principles, Politics, and PragmaticsFormat:HardcoverDimensions:368 pagesPublished:April 15, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019024349X

ISBN - 13:9780190243494

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Table of Contents

AcknowledgmentsAbbreviationsCitationsGlossaryActors: Key Actors and their Mid-1940s Positions/Affiliations1. Introduction2. Overview of Transitional Justice Options and the United States Role in Transitional Justice3. Competing Theories of United States Policy on Transitional Justice: Legalism Versus Prudentialism4. The United States Role in Transitional Justice for Germany5. The United States Role in Transitional Justice for Japan6. The United States Role in Transitional Justice for Libya, Iraq, and the Former Yugoslavia7. The United States Role in Transitional Justice for Rwanda8. ConclusionBibliographyEndnotesIndex

Editorial Reviews

"United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics offers a magnificent and detailed examination of the domestic and international politics of international criminal tribunals, from Nuremberg and Tokyo to Arusha, and The Hague. Dr. Zachary Kaufman showsthat not only does the study of such tribunals and other transitional justice mechanisms belong in the realm of international relations, but it can also inform international relations theory itself." --Dr. David J. Simon, Director, Genocide Studies Program, and Lecturer, Department of Political Science, Yale University