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71 U. Colo. L. Rev. 409 (2000)
Combating Impunity for International Crimes

handle is hein.journals/ucollr71 and id is 437 raw text is: COMBATING IMPUNITY FOR INTERNATIONAL CRIMES M. CHERIF BASSIOUNI* During the twentieth century, the world has witnessed more than 250 conflicts of different types, resulting in an esti- mated 75 to 170 million persons killed. Moreover, massive vic- timization has resulted from the conduct of both State and non- State actors engaging in policies of extra-judicial execution, torture, rape, and other atrocities in violation of international humanitarian law and international human rights law norms. Yet, in most of these cases, the perpetrators of these crimes have benefited from impunity because of political considera- tions. The world community thus has forsaken its post-World War II pledge, never again. Impunity, at both the international and national levels, is due to the conflicting goals of realpolitik and justice. In other words, the policies and practices of accommodation in the pur- suit of political settlement conflict with legal accountability in the pursuit of retributive and restorative justice. Realpolitik reflects the pursuit of political settlements for conflicts through a compromise that is unencumbered by moral and ethical limitations. In general, these settlements forsake the interests of justice, and particularly the interests of the conflict's victims, in favor of achieving expedient political ends. In contrast, accountability embodies the goals of retributive and restorative justice. It seeks to achieve peace and recon- ciliation, to prevent the recurrence of conflict, to bring closure to a conflict, to establish a record of truth, to sanction those re- sponsible, and to provide redress to victims. Professor of Law and President, International Human Rights Law Insti- tute, DePaul College of Law. J.D., Indiana University, 1964; LL.M., The John Marshall Law School, 1966; S.J.D., George Washington University, 1973; Dottore in Giurisprudenza, Honoris Causa, The University of Torino, Italy, 1981; Docteur en Droit (d'Etat), Honoris Causa, The University of Pau, France, 1987; Doctor of Law, Honoris Causa, The University of Niagara, New York, 1997. This essay is adapted from a lecture presented by Professor Bassiouni at the University of Colorado School of Law on April 8, 1999.

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