Tried and found wanting

Asia’s dismal record on tackling war crimes is an indicator of illiberalism

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Nah...You just don't remember European history. When it is convenient we prosecute people to the hilt-like the nazis. When it isn't--we try our best to ignore them. French Algeria. The Congo. Not to mention Americans in My Lai Vietnam or No Gun Ree in Korea.


Yes, those little Asians sure are so defective. If only some greater power could take on the burden of looking after them, like back in the good old days, eh?

Corrections for you: in Sri Lanka there is no evidence of war crimes. The Darusman panel was a unilateral procedure adopted by the office of the SG, headed by notoriously anti-Sri Lankan characters, and operated outside of the democratic process of the UN and its bodies -- which actually supported and applauded Sri Lanka's victory over terrorism.

The Sri Lankan report has actually recommended prosecutions where evidence actually exists (ie. fabriated videos from British media does not qualify) -- the report hasn't been released to the parliament yet, but it will be next month. I suggest you hold your superior horses until it is published and action taken.


What about the biggest war crime Asia, dropping nuclear bombs in Hiroshima and Nagashaki. How come those criminals from USA were not tried yet?


Will The Economist ask similar questions about the 'illiberal' European and US war crimes of the 20th and 21st century, or does it prefer to be seen as a biased, boorish hypocrite? There is no mention of the (relevant, one would think) US-run Tokyo tribunals either.

This article is embarrassing to read.


liberalism is one of the most overrate value. why so, because it is used to justify illiberal actions in "illiberal" countries. it is despotic in nature and hypocritical by its own standards. why don't liberalism trial itself for being the motivation of western countries waging illegal wars in other nations, oh wait, liberalism don't respect the judiciary functions of courts or doesnt want to subject itself to it when it believes its principles are above trivial institutions like law, and international courts.


Quite interesting that tackling war crimes is an indicator for (i)lliberalism, (and may I add (non)democracy)... From reading the article and some comments, should I draw the conclusion that a war crime is only that one commited against your own people but never against another country? But it doesn't matter... the country that proclaims to be the land of the free has commited war crimes against its own population (the slavery period), and against other countries (post WWII involvements in Central-, Latin America, Asia and Africa regional conflicts), and could therefore be listed on same level as the countries the article speaks about... Europe would have a similar record, but I guess they commited their war crimes while being monarchies and empires, so they were not democratic or liberal, though the French might contest that they've had a republic since the 18th century, and the UK can contest they've been liberal since the 16th century, but it wouldn't help their case anyway.....


Should it really come as a surprise that Asian war crimes are not punished in a manner that pleases the public? Political meddling, a key tool in executing war crimes, is a tough charge to prove and especially so when the standing government in Cambodia is trying to avoid scrutiny over its legitimacy. Its been over 30 years and finally the Khymer Rouge trials are being held. Was it really necessary to wait that long? The defendants are literally in their 80s and the primitive court system they're being tried in is so sluggish and time consuming that they there is a fairly good chance they'll die before justice is served. The courts are so poorly setup and the lawyers so biased and honed in on 3 people, instead of the group of people that caused the genocide, that an impartial/independent trial is nearly impossible. Asia really needs to crack down on the issue of war crimes before courts become defunct and the issues get too far out of hand.


This has been handled similar to the war crimes committed during WWII in Asia. Overall has not has a good record on tackling war crimes. A big issue is that people over there do not even view these acts as war crimes. I agree that the whole culture over there does not value life as much and thus their justice system does not bother so much with crimes like these.


This article is utterly ridiculous. The continent which has never
owned up to its past crimes against humanity is Europe. The French
murdered more than a million people in Algeria's war of
independence. How many people have been called into account for
this crime against humanity? The British detained a million Kikuyu
in forced labor camps during the Mau Mau uprising. How many of those
responsible ever went to jail? These are just two of a vast
catalogue of crimes for which Europe fails to take responsibility
to this day.

Today the European powers continue their colonial era policies by
selectively seeking to overthrow leaders who oppose them, while
showering favors on tyrants and dictators who allow them to pillage
their countries. At least the Asians are not hypocritical enough
to establish an International Criminal Court to prosecute all
crimes against humanity - except the majority, those perpetrated by


The first and only way Asia will ever be able to tackle war crimes if first trying to remove the corruption from governments. Crimes will never be respected nor given thought of if the people at the high positions do not even care about them. While there are still lingering resentments between countries such as China/Japan over previous events, events within the countries themselves are often ignored and really do not come to any conclusion unless the government itself is directly involved with it and has a say on the matter as it effects them.


I'm torn on this issue as part of me wishes the courts would stop wasting time figuring out exactly to a T who did what wasting time and money when it is already apparent certain individuals deserve death for their war crimes, but on the other hand, as this article suggests, thorough trials have a very positive effect on those grieving then these Asian countries should do their best to follow the precedent of other countries war crime tribunals and as efficiently as possible sort through this mess and deal out justice to those deserving.

The Pen is Mightier than the Sword

It is very disappointing and surprising when the Economist writes an opinion piece like this which is badly researched and engages in needless hyperbole. It is true that there has been unwarranted political interference in the Khmer Rouge Tribunal but a number of international officials have fought against it and publicly opposed it. One court official has resigned: Judge Siegfried Blunk. One relative of victims - Theary Seng - has publicly boycotted the court. The vast majority of surviving victims and their relatives have expressed consistent support for the court and this was particularly evident this week. Allegations of partiality or bias by judges have been made by defence teams who were not even prepared to make opening remarks this week even though they have been instructed in this case for four years. Some say the defence are making these procedural applications because they cannot challenge the evidence so they seek to challenge the process.

The single conviction to which you refer was of the commander of one of the worst murder and torture camps of the twentieth century. He murdered over 14,000 people. He was not a low level camp guard. And what you state about his remorse is incorrect. On appeal he argued for his release effectively making any remorse expressed at trial nugatory. And why do you state that the charges are cumbersome? Look at trials at the ICC, ICTY or SCSL and you will find the same charges. True the case is huge but so were the crimes. Funding is tricky but donors are not twitchy. On November 22 Japan, the court’s biggest financial backer, announced a contribution of $ 2,925,000 dollars and pledged continuing support.

The Khmer Rouge Tribunal is by no means a perfect legal institution – show me a court that is - but to lump it in with the ICT in Bangladesh and the dismal record of impunity in Sri Lanka is unfair and inaccurate.


It appears as though the government doesn't even see a reason for putting up a valid front to create the appearance of a working legal system, and a cover-up of government corruption. So much money has gone into this charade, but only 2 cases have gone through it. Are the higher powers that powerful, that they don't even need to bother covering their tracks, or could this be a wake-up call from the people that the state desperately needs?

First of all Asia is not a country, as Anne Scott suggested. Saying that a region as vast as Asia leans towards illiberalism based on a few examples of smaller countries within the continent is a big jump. It is very discouraging however that domestic politics within these nations is still so connected to war crimes in the past.
This article focuses on examples of crimes committed within countries, not between them. For example It was easier to conduct the Nuremberg trials because there was a clear winner and loser. In Asia, many crimes were committed against the country's own people. "Objectivity" in war trials, if there ever is any, is lost when the "winners" and "losers" cannot clearly be defined.


The reason why war crimes tribunals do not work in Asia is because the people do not have any faith in them. And why should they, when the precedent set by the Americans who presided over the Tokyo War Crimes trials was to exonerate the most brutal and depraved war criminals of all. America was so quick to embrace the biological warfare expertise of the Japanese that they instilled in All of Asia a cynicism which has not yet died.

justlistenall in reply to Mishmael

Your point is well taken and should be taken more seriously by national leaders of Asian nations.

It is the biggest shame of them all that more than 60 years after WW2, war atrocities and hideous crimes against humanity committed by Japanese imperialist remained largely not prosecuted or investigated, and such evil spirit are even allowed to permeate in Japanese society today with some despicable resurgence.

The US, being Japan’s unquestioned master in its policies since Japanese unconditional surrender, should bear a major responsibility for such morally unforgivable negligence. It linked the US almost as if it’s some accessory to and co-conspirator for war atrocities, at the expense of the US moral high ground for human right and democracy.

Anne E Scott

Why is it so surprising that Asia does not care about bringing war crimes to justice? It never was a country that cared about its people, and it still doesn't. The Asian culture does not value life and genocides and horrific war crimes are not a top priority for them.

That is turly a blasphemous comment. Have you ever been to an Asian country and experienced the culture there? And exactly, what part of Asia are you referring to? Asia is not a country. Certainly, you would agree that Germans and Spaniards are not the same culturally even those they are both from Europe.
Asian culture has so much to teach Western culture about how to care for others and respect those around you. Kreng jai as they would say in Thailand. This is a concept that you most certainly would benefit from learning and understanding.


The biggest war crime of them all, the Horoshima and Nagasaki nuclear bombing, isn't even seen as a crime.

That itself seems a crime.

Sour Grapes WINNIE

China's first local financial tribunal opened on Thursday in the People's Court of Shanghai Pudong New Area.
The tribunal, with three judges, will accept both individual and institutional civil cases, with no limit on claims, said a judicial official.


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