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24 Suffolk Transnat'l L. Rev. 211 (2000-2001)
Between Vengenance and Forgiveness: Facing History after Genocide and Mass Violence

handle is hein.journals/sujtnlr24 and id is 217 raw text is: BETWEEN VENGEANCE AND
FORGIVENESS: FACING HISTORY AFTER
GENOCIDE AND MASS VIOLENCE1
by Martha Minow2
I. INTRODUCTION
Never again! is the credo promoted after every instance of ge-
nocide and mass violence.3 Never again, however, has proven little
more than an aspiration; recent decades have seen repeated viola-
tions of basic human rights in countries all over the world.4
The unimaginable atrocity of the Holocaust, the systematic
abuse of South African blacks under apartheid, and the ruthless
practices of ethnic cleansing, including rape and mass murder,
in Rwanda and the former Yugoslavia all occurred this century.5
Recently, the world has also witnessed crimes against humanity
in Kosovo and government-sanctioned kidnapping, torture and
1. MARTHA MINOw, BETWEEN VENGEANCE AND FORGIVENESS: FACING
HISTORY AFTER GENOCIDE AND MASS VIOLENCE (Beacon Press 1998).
2. Martha Minow is a professor of law at Harvard Law School. She has authored
several books exploring different aspects of law. Professor Minow resides in Cam-
bridge, Massachusetts.
3. See Henry T. King & Theodore C. Theofrastous, From Nuremberg to Rome: A
Step Backward for U.S. Foreign Policy, 31 CASE W. RES. J. INT'L L. 47, 67 & n.76
(Winter 1999) (explaining how never again came into common use after World War
II's Nuremberg Trials). The cry never again resounded throughout the world after
the Holocaust, expressing the people's commitment to condemning and preventing
mass atrocity and genocide in the future. See id.
4. See MINOw, supra note 1, at 1 (listing numerous instances of mass violence
and genocide in twentieth century).
5. See 1993 I.C.J. 3 (Gen'l List No. 91 of Apr. 8, 1993) (listing human rights
violations in Bosnia including murder, torture, kidnapping and rape); Joseph G. Ber-
gen, Note, Princz v. The Federal Republic of Germany: Why the Courts Should Find
That Violating Jus Cogen Norms Constitutes an Implied Waiver of Sovereign Immu-
nity, 14 CONN. J. INT'L L. 169, 172-73 (1999) (detailing one man's tragic personal ex-
perience during Holocaust); Emily W. Schabacker, Reconciliation or Justice and
Ashes: Amnesty Commissions and the Duty to Punish Human Rights Offenses, 12 N.Y.
INT'L L. REV. 1, 1, 16-17 (1999) (detailing gross human rights violations committed
against blacks during apartheid); Jose E. Alvarez, Crimes of Hate: Lessons from
Rwanda, 24 YALE J. INT'L L. 365, 365-66 (1999) (making statement that compares
mass atrocity in Rwanda with Holocaust); Anne Bodley, Note, Weakening the Princi-
ple of Sovereignty in International Law: The International Criminal Tribunal for the
Former Yugoslavia, 31 N.Y.U. J. IN'L L. & POL. 417, 430-31 (1999) (relaying brief
account of crimes against humanity in former Yugoslavia). See generally Alvarez,
supra, (discussing impact of Rwanda in detail).

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