August 1, 2008

The Pursuit of Justice

The late Deng Xiaoping had it about right — many years ago he said he didn't care if a cat were white or black, so long as it caught mice (actually, a Sichuan proverb). I feel that way about international criminal justice: in many instances it hasn't worked out, in some, regardless how contrary to legal norms, it has; and I don't preclude the possibility it may work quite satisfactorily in certain cases in the future. Indeed, I look forward to it. The key word being justice, not consistency. John Laughland, however, disagrees. His latest book, A History of Political Trials from Charles I to Saddam Hussein, explains that political legitimacy resides chiefly or only at the national level and that legitimacy, indeed, always and everywhere must precede the success of legal order. Because international authorities lack true political legitimacy their observance of international laws must therefore always be unfair, in practice a farce. It was kind of John to return as a guest to EP and I very much appreciate his good nature. Total runtime an hour and twenty eight minutes. We argue, you decide.