Crimes against humanity: with oppression and injustice for most

For his role in 16,000 deaths during the Khmer Rouge, Kaing Guek Eav, alias “Duch,” was recently sentenced to 35 years in prison. That he may walk free in 19 years at the age of 86 due to time served has baffled and infuriated Cambodians. The worst tyrants of the last century mostly escaped formal justice (Hitler, Stalin, Mao); others did die in ignominious circumstances and were effectively the victims of mob violence (Mussolini, Ceausescu, arguably Saddam). Duch’s case and surprisingly light sentence brings to mind the perennial question of justice for politically-motivated atrocities.

We seem to know what crimes against humanity are when we see them. But the story is often more complicated in places like the most impoverished parts of the Third World, where politics is a life-or-death affair. Interest groups are divided along ethnic, class, or religious fault lines and power is a means to extract resources for the favored group at the expense of all others. An old Kenyan aphorism holds that to seize the machinery of the state means that “it is our turn to eat.” In these cases murder, rape and torture may become routine tools of political intimidation.

How do we evaluate crimes against humanity and the justice that should follow when the only clear distinction between victim and victimizer is that the latter is stronger than the other, and when it seems likely that the other side would behave just as monstrously if the circumstances permitted?

-Charles

Photo by Flickr user Sebr used under a Creative Commons Attribution license

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  • Editors

    Jacob Bronsther is a law student at NYU. He has an MPhil in Political Theory from Oxford.

  • Sam Gill is a consultant in DC. He studied Political Theory at Oxford as a Rhodes Scholar.

  • Marc Grinberg is a Presidential Management Fellow. He studied Political Theory at Oxford.

  • John Rood is founder of Next Step Test Prep. He has an AM in Political Theory from Chicago.

  • Luke Freedman is studying Philosophy and Political Science at Carleton College.


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    Han Li

    Charles Wang


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