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57 Harv. J. on Legis. 163 (2020)
Legislating Atrocity Prevention

handle is hein.journals/hjl57 and id is 169 raw text is: ARTICLE LEGISLATING ATROCITY PREVENTION ZACHARY D. KAUF1AN* Despite promises made by the international community after the Holocaust to never again allow genocide, war crimes, and crimes against humanity to be committed, these atrocity crimes have been perpetrated again and again. To- * Associate Professor of Law and Political Science, University of Houston Law Center, with additional appointments in the University of Houston's Department of Political Science and Hobby School of Public Affairs. J.D., Yale Law School; D.Phil. (Ph.D.) and M.Phil., both in International Relations, Oxford University (Marshall Scholar); B.A. in Political Science, Yale University. Research for this Article was generously facilitated by institutional support from Stanford Law School (where the author was a Lecturer from 2017 to 2019) and Harvard University Kennedy School of Government (where the author was a Senior Fellow from 2016 to 2019). While serving on the U.S. Senate Foreign Relations Committee (SFRC) staff in 2016-17 as a Council on Foreign Relations International Affairs Fellow, the author drew on his book, United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics (Oxford University Press, 2016), to work as a lead architect of both the Elie Wiesel Genocide and Atrocities Prevention Act and the Syrian War Crimes Accountability Act. The author has subsequently advised the White House National Security Council (NSC) and SFRC on im- plementing both laws. On June 13, 2019, an earlier draft of this Article was submitted for the record by Stanford Law School Professor Beth Van Schaack at a congressional hearing, Pursuing Accountability for Atrocities, hosted by the Tom Lantos Human Rights Commission. Thank you to Professor Van Schaack and the Lantos Commission for featuring this Article. The author thanks the following individuals for helpful comments and conversations on this Article: Adam Abelkop, Fahim Ahmed, Adrienne Bernhard, Charles J. Brown, Sara Brown, Jameson Dempsey, Doron Dorfman, Jonathan Dotan, Liz Evenson, Thomas Ewing, Russ Fein- gold, Jim Finkel, Abbe Gluck, Brendon Graeber, Chris Griffin, Mehdi Hakimi, Daniel Harawa, Margot Hecht, Kevin Jon Heller, Paige Herwig, Rebecca Ingber, Elizabeth D. Katz, Howard Kaufman, David Kennedy, Tod Lindberg, David G. Mandel-Anthony, Dinsha Mistree, Jim Mitre, Allyson Neville, Charlotte Oldham-Moore, C. Dixon Osburn, Evan Perkoski, Riana Pfefferkorn, Mike Poznansky, Stephen Rapp, Fernan Restrepo, Jenny Roberts, Algene Sajery, Peter Schuck, David Simon, Theo Sitther, Mark Storslee, Scott Straus, Samantha Sultoon, Jordan Tama, Margaret Taylor, I. India Thusi, Beth Van Schaack, Allen Weiner, Nicole Wid- dersheim, and audiences at Harvard Law School, Stanford Law School, Yale University De- partment of Political Science, Boston University Frederick S. Pardee School of Global Studies, Louisiana State University Paul M. Hebert Law Center, University of New South Wales Law School (Sydney, Australia), Monash University Law School (Melbourne, Australia), the Coun- cil on Foreign Relations, the American Society of International Law International Criminal Law Interest Group Workshop, the American Bar Association / the Association of American Law Schools Joint Criminal Justice Sections Works-in-Progress Roundtable, and the Interna- tional Studies Association-Midwest Conference. The author is grateful to the following individuals for participating in interviews for this Article: Charles Brown (former Senior Advisor on Atrocity Prevention and Response at the U.S. Department of Defense), Russ Feingold (former U.S. Senator and former U.S. Special Envoy to the Great Lakes Region), Stephanie Schmid (former U.S. Foreign Service Officer), Theo Sitther (former Legislative Secretary for Peacebuilding Policy at the Friends Committee on National Legislation), Samantha Sultoon (former Senior Sanctions Policy Advisor in the U.S. Department of the Treasury Office of Foreign Assets Control), Beth Van Schaack (former Deputy to the U.S. Ambassador-at-Large for Global Criminal Justice), Nicole Widdersheim (former White House NSC and U.S. Agency for International Development (USAID) offi-

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