In the News

December 17, 2012
Chicago Bar Association Record

A Personal Narrative of the War Crimes Tribunals

By: Justin Heather

In All the Missing Souls, Northwestern Law Professor David Scheffer furnishes a detailed, first-hand account of the development of the various war crimes tribunals over the past two decades.  Scheffer, the first United States ambassador-at-large for war crime issues, provides a behind-the-scenes look into both the Washington politics and international negotiations underlying the various regional war crimes tribunals, from the Yugoslav Tribunal to Cambodia Tribunal, as well as the formation of the permanent International Criminal Court.

Between 1993 and 1996, Scheffer served as senior advisor and counsel to then United States ambassador to the United Nations, Dr. Madeleine Albright.  In this capacity, Scheffer led the American efforts in constructing five separate war crimes tribunals.  Drawing upon his personal experiences, Scheffer recounts the difficulties inherent in creating the various tribunals, particularly in light of the fact that some of these tribunals were formed while hostilities were on-going.  He also expounds on the various domestic and international difficulties faced in determining the scope of tribunal mandates, jurisdiction and sentencing regimes.  Scheffer distinguishes the recent tribunals from those at Nuremberg, while exploring the historical implications of Nuremberg and past United States’ actions with respect to international treaty and justice matters and future cooperation in such areas.

Scheffer does not limit his exposition to the political wrangling of Beltway politics or international negotiators.  Rather, he provides a first-hand account of the atrocities he witnessed (or the aftermath thereof) in Rwanda, the former Yugoslavia, Kosovo and Sierra Leone.  The author provides detailed imagery of the death, depravity and human misery that characterized these various conflicts.  In doing so, Scheffer demonstrates the importance of international justice and the rule of law in light of genocide, war crimes, crimes against humanity and ethnic cleansing.

Scheffer strongly critiques Republican and military opposition to those international efforts, from the Rome talks on a permanent International Criminal Court to arresting indictees of the Yugoslav Tribunal.  While such discussion might smack of partisanship, Scheffer does not discriminate in his criticism of those who frustrated, delayed or inhibited the efforts of the various tribunals or with respect to the formation of the permanent International Criminal Court.  For example, Scheffer takes issue with other governments, the Washington bureaucracy and members of the Clinton administration, of which he was a part.  Most notably, Scheffer is critical of his own actions, as well as inaction, during critical times.  As he notes in the Introduction, “No one, including myself, is blameless for the worst atrocities that took place, and this book will describe mistakes and lost opportunities bluntly.”

In All the Missing Souls, Scheffer delivers the unvarnished truth, as he sees it, with respect to the various challenges, difficulties and ultimately the successes of the various war crimes tribunals created under his watch.  Although the work of these tribunals is not yet complete, and the permanent International Criminal Court (as well as the United States position vis-à-vis the court) is still in its infancy, Scheffer provides his own opinion of the success of these efforts and allows the reader to draw her own conclusions.  All the Missing Souls is an excellent narrative on the formation and the future of international justice and rule of law initiatives.