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1 Does the Law Work? Global Exploitation and Willful Ignorance of International Tribunals/Courts and Their Lack of Effectiveness

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1 Does the Law Work? Global Exploitation and Willful Ignorance of International Tribunals/Courts and Their Lack of Effectiveness Does the Law Work? Global Exploitation and Willful Ignorance of International Tribunals/Courts and Their Lack of Effectiveness in Adjudicating Justice and Reconciliation in International Criminal Law Justine Taylor Robinson Haverford College Political Science Department Thesis Advisor: Professor Thomas Donahue Senior Thesis April 21, 2017 1 Abstract: This thesis examines how the international criminal law system (ICLS) has so far failed to be an effective and impartial deterrent to those nation-states/governments who enact some of the most grievous crimes imaginable: genocide and torture. These crimes are displayed in two case studies to show the failure of the ICLS in stopping these violations of human rights and ethics. Moreover, the target perpetrator in these case studies will be the United States government, and how they both failed and abused their status as a powerful nation state to disregard and/or violated international criminal law in Rwanda and Iraq (Abu Ghraib Prison). Two major reforms are proposed in this thesis. First, the creation of a mobile tribunal/court system that would go to any nation state or victimized group that has submitted a report of ICLS violations, along with a security unit that would be dispatched to keep the peace and aid to the local people. Second, to make sure that reconciliation and justice are achieved at all cost, and employing human rights experts to “keep the peace” and send status reports to the central command of the tribunal/court system. These are solutions to help imagine the most efficient system of international criminal law, grant justice to those who need it most and to punish those who have purposefully ignored or violated the principles/laws of the ICLS. 2 ACKNOWLEDGEMENTS I would like to thank everyone who has helped me throughout this thesis writing process and given me invaluable knowledge along the way. I would first like to thank Professor Donahue for being an excellent teacher and mentor to me these past few years as a student in the Haverford Political Science Department. His feedback and encouragement has been productive and encouraging throughout this yearlong process. I would like to thank my family for helping me with topic possibilities and looking at my outlines and drafts when I wanted/needed them to look at them. Finally, I would like to thank the Haverford Political Science Department and the Bi- College Consortium as a whole, for giving me the opportunity and tools as a Bryn Mawr Student to major at Haverford and succeed as a student and community member. 3 Table of Contents Title Page ....................................................................................................................................... 1 Abstract .......................................................................................................................................... 2 Acknowledgements……………………………………………………………………………………………….3 Introduction ................................................................................................................................... 5 SECTION I: Key Terms ............................................................................................................... 7 SECTION II: The Disadvantages and Failings of the International Criminal Law System . 9 U.S. Ignorance and Exploitation of International Criminal Law .......................................... 12 SECTION III: Case Studies: Rwanda and Abu Ghraib/The “Torture Memos” ................. 15 Rwanda ........................................................................................................................................ 16 Background ................................................................................................................................. 16 International Response ............................................................................................................... 21 Justice System after Genocide ................................................................................................... 22 Why did the Rwandan Genocide happen? ............................................................................... 25 Abu Ghraib/The “Torture Memos” .......................................................................................... 29 Background ................................................................................................................................. 30 The Prison and Violations of International Criminal Law ..................................................... 31 Torture Memos and Response ................................................................................................... 36 US Disregard for Geneva Conventions and “Fallout”/Aftermath…………………………..38 SECTION IV: Proposed Reforms and Improvements to the International Criminal Law System .......................................................................................................................................... 44 SECTION V: Objections to the Thesis and Replies to Objections ……………………………………………………………………………………………………50 Conclusion………………………………………………………………………………………… …………………………………53 APPENDICES ............................................................................................................................. 55 Appendix A: CNN Timeline of Abu Ghraib Prison Abuse Scandal ...................................... 55 Appendix B: New York Times Timeline & Summary of the Torture Memos........................ 59 References……………………………………………………………………………………….63 4 Introduction We as humans live in a world that that is characterized by a broad diversity of cultures, technology, economics, education, and much more. Yet in one respect we are all similar – that is, how we all follow a strict structure of guidelines and rules worldwide: international law. However, what if I were to tell you that not all nation states abide by the same structure of guidelines we do and instead tweaks the rules and the systems to their favor, cheating us and others out of a fair trial and justice; meanwhile the international law system has done and can do nothing to stop it. My research question for this thesis is, does international criminal law fail to be impartial and effective at deterring international crimes? Why is this question so important that a whole thesis needs to be written about it? Well, one must ask how reliable is the international criminal law system, and go from there. Does it need to be strengthened and should it hold nation states more accountable? The significance of my question also addresses and helps answer the broader questions: Is the international criminal law system effective in and of itself and, if possible, how can international law adequately punish those governments/groups who enact and/or contribute to genocide, war crimes, and crimes against humanity? Can the international criminal law system eliminate these atrocious crimes? The broader questions in place are intended to examine the shortcomings of the system that is currently in place. My thesis states that international criminal law fails to be impartial and is ineffective at deterring international crime and moreover, that the international criminal law system needs to hold those who have violated its laws the most accountable for their actions. First, there needs to be a reformation process that involves changing/rebuilding of international criminal law 5 systems/structure, that involves a star-chamber-based tribunal/court system that would dispatch prosecutors, defenders, judges, security personnel, and more to any nation-state that is wracked with ICL violations. Second that tribunal court/system would need to make sure that proper reconciliation and justice is brought to the victimized nation-state or group(s), not leave the area until that objective is secure, employing human rights experts to “keep the peace” and sending status reports to the central command of the tribunal/court system. My argument for my thesis will be divided into five sections: the first will be a definition of key terms used throughout this document, for the reader to focus on and analyze its use and meaning throughout this thesis regarding my argument. The next section will be on "The Disadvantages and Failings of the International Criminal Law System," this section will discuss how the ICLS is currently set up and the problems it faces with widespread disregard for and ignorance of its rules/guidelines from powerful nation-states that will not join these systems to be prosecuted for violation of various laws within the system. The third section of the thesis examines two case studies: “The Rwandan Genocide & The Abu Ghraib Prison Scandal/The ‘Torture Memos’”. Here, I will look at the United States and how its foreign policy ignored or violated ICL. Moreover, I will also discuss how the ICLS did not levy any significant sanctions or punishment against the U.S. for violations that occurred in each case. Section four will examine proposed reforms and potential improvements to the ICLS. Here I propose two major reforms that I think will help the ICLS become more effective in providing justice for victims. Lastly, I anticipate objections that might arise to my arguments and discuss my responses to potential critics. 6 SECTION I: KEY TERMS This section explains key terminology used throughout this thesis. It is intended to provide the reader with a better understanding of the concepts and contexts in which they have been used by professionals and experts in the fields of international
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