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6 - War Crimes

Published online by Cambridge University Press:  05 June 2020

Allison Carnegie
Affiliation:
Columbia University, New York
Austin Carson
Affiliation:
University of Chicago
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Summary

The effectiveness of transitional justice is hotly debated. We highlight a largely overlooked source of such war crimes evidence: intelligence provided by third-party states. We argue that such countries often wish to provide this information but withhold it to avoid revealing intelligence sources and methods. The adoption of confidentiality systems by war crimes tribunals can ease this tension. Courts can integrate national intelligence to gain insights into culpability for atrocities while protecting sensitive details. However, supplying states will constrain their disclosures based on their political interests. We analyze US intelligence disclosures to war crimes tribunals for the former Yugoslavia and Rwanda. Drawing on newly reviewed archival materials, elite interviews, and secondary sources, we show that confidentiality protections elicited considerable intelligence disclosures when the United States had a political interest in prosecuting the case, thus increasing arrests and indictments.

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Chapter
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Secrets in Global Governance
Disclosure Dilemmas and the Challenge of International Cooperation
, pp. 193 - 239
Publisher: Cambridge University Press
Print publication year: 2020

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  • War Crimes
  • Allison Carnegie, Columbia University, New York, Austin Carson, University of Chicago
  • Book: Secrets in Global Governance
  • Online publication: 05 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108778114.006
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  • War Crimes
  • Allison Carnegie, Columbia University, New York, Austin Carson, University of Chicago
  • Book: Secrets in Global Governance
  • Online publication: 05 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108778114.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • War Crimes
  • Allison Carnegie, Columbia University, New York, Austin Carson, University of Chicago
  • Book: Secrets in Global Governance
  • Online publication: 05 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108778114.006
Available formats
×