by Barak M. Seener*
Based on principles derived from the Hague and Geneva conventions, individuals have been brought to trial for war crimes, crimes against peace, and crimes against humanity. The outstanding examples of such trials were those held at Nuremberg after World War II where numbers of leading Nazis were brought to court for some of the many crimes committed by Germany under the Third Reich. The shadow of those trials is still visible today. In July 2009, John Demjanjuk, a Ukrainian accused of crimes while working for the Nazis as a concentration camp guard was deported from Canada to Germany to stand trial. On a smaller but significant scale, cases have been brought against individuals responsible for the genocide that took place during the Bosnian war of 1992-95. More recently, however, individuals and organizations with political grievances have started to make use of war crimes legislation in order to pursue a variety of officials from states equipped with well-run courts and tribunals, notably the United States, Great Britain, and–most of all–Israel. Should this matter to us? Aren’t war crimes clear and cut; shouldn’t those who commit them be pursued with the full force of the law? This essay tries to answer those questions and others.