
I’m skeptical of suggestions of ad hoc war crimes trials as a way to respond the chemical weapons attacks in Syria, partly because they’re so far just congressmen tossing off suggestions at a time when Congress is working on the specific wording of resolutions already, but let’s suppose the idea was developed and serious. There are other problems. When there’s already a permanent International Criminal Court which most nations have signed on to, but not the US, the only interest in an ad hoc court might come from us. Are we willing to do that alone? Would such a court have any legitimacy? If some future Syrian government would support such a court, it won’t actually need or even want our help. Even if such a court can get up and running, it would have the legitimacy problem of being perceived as victor’s justice. Even that assumes that the prospective defendants can be brought to trial. If they attain or retain power, trying them isn’t going to happen. Besides, maybe knowing there’s an indictment hanging over their heads, maybe they have an incentive to fight to the bitter end, well past any realistic hope of victory. Continue Reading