The 2009 Most Wanted List

Amnesty for genocide, crimes against humanity, and war crimes is forbidden by international law, and the past 15 years has seen remarkable efforts to end the culture of impunity for these crimes with the establishment of the International Criminal Tribunals for Rwanda the former Yugoslavia, the founding of the International Criminal Court (ICC), and the spread of universal jurisdiction. Yet all too often, those responsible for egregious abuse of civilians are able to cling tightly enough to power to evade accountability. Justice is thus often presented by critics as counterproductive for peace -- a false choice, given that impunity begets such violence and peace is likely to remain tenuous while those responsible see no consequences for their abusive policies.

While 2009 saw the conviction of Rwandan genocidaires and Nazi concentration camp guards, and the prosecution of a Cambodian torturer -in-chief and a Liberian war lord, and proceedings against the alleged-mastermind of the Srebrenica massacre,  justice still seems to be a far-flung dream for the many victims of ongoing atrocities across the globe. It is the primary responsibility of governments to protect the rights and security of their citizens, but this obligation is all to often ignored by violent, discriminatory regimes. Looking ahead to opportunities to change this trend in the new year, posts this week (and likely some of next) will feature the 2009 Most Wanted List -- an exclusive club of nations whose membership has not only shown gross disregard for human life over the past year, but has defended impunity for crimes against humanity with undeniable gusto. The lucky winners, in no particular order, are:

• Sri Lanka
• Burma
• Democratic Republic of Congo
• Zimbabwe
• Sudan
• (Dis-) Honorable Mention: Guinea and Turkey

In his reports to the UN Security Council on the protection of civilians in armed conflict, then-Secretary General Kofi Annan stated unequivocally, "Let me therefore be clear: the granting of amnesties to those who committed serious violations of international humanitarian and criminal law is not acceptable." The Secretary General further noted that the prosecution of war crimes suspects is an "indispensable component in the enforcement of international law and justice," as violence and criminality are fueled by impunity, and "internationally recognized standards of protection will be effectively upheld only when they are given the force of law, and when violations are regularly sanctioned."

Justice can have many manifestations other than prosecution, but justice denied sows the seeds of future discontent. The push for accountability is thus not a unthinking argument for principle over pragmatism, but one that sees the principle of justice as a pragmatic need for peace.

[Photo by Dustin DeKoekkoek.]