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War Crimes Tribunals

over the complicated conflicts it seeks to control 4. Research Priorities


around the world. The perplexing complexity of such
negotiations was revealed with all of its frustrations in Many important questions remain regarding war
the Balkan conflict. The Clinton administration crimes tribunals. In particular, it will be important to
sought a settlement that would avert a war over learn how the international prosecution of war crimes
Kosovo through its negotiation of the Dayton is organized and to contrast this with the work of
Accords. At first it seemed that the United Nations national justice systems, such as Rwanda’s, which may
war crimes tribunal had assisted this process by also prosecute and punish war criminals in large
indicting Radovan Karadzic and elevating the position numbers. Answers to the following kinds of questions
of Slobodan Milosevic. However, Milosevic soon would be especially useful in expanding our knowledge
proved to be no better a partner for peace than base: How are the presumed worst offenders and
Karadzic, and the Serbian violence was allowed to offenses selected for international prosecution? How
continue, resulting in his belated indictment as well. are prosecutors and judges selected for tribunal work?
The lesson may simply be that mass killings and What are the patterns of conviction and punishment?
genocide will continue to occur until a system of What is the role of international public opinion in
deterrents comes into effect through an institution influencing the tribunals and the prospective per-
such as the ICC. manent court? What are the effects on the prosecutors
It is of special note that two of America’s closest and judges who become involved in this work? What
allies, Canada and Great Britain, have taken a are the prospects of a more permanent international
particular interest in the Rwandan and Balkan tri- criminal court and how might its work differ from the
bunals and the ICC, often seeming to lend more current efforts of the ad hoc tribunals? The importance
durable support than the USA. The Canadian Foreign of international war tribunal work seems obvious, and
Minister, Lloyd Axworthy, built on the leadership role our knowledge of this work is unfortunately modest.
played by the Canadian jurist, Louise Arbour, during See also: First World War, The; Second World War,
her term as Chief Prosecutor of the Rwandan and The
Balkan tribunals. Both have emphasized that armed
conflicts in the world now increasingly involve strug-
gles within rather than between nations, with parallel Bibliography
increases in civilian as opposed to military casualties. Allen B 1996 Rape Warfare: The Hidden Genocide in Bosnia-
They argue this requires new ways of thinking about Herzegoina and Croatia. University of Minnesota Press,
and dealing with issues of national sovereignty, so that Minneapolis, MN
efforts to protect the latter do not become shields used Bassiouni M, Manikas P 1996 The Law of the International
by political and military leaders to cloak such crimes Criminal Tribunal for the Former Yugoslaia. Transnational
as murder, torture, rape, forced deportations, and Publishers, New York
expulsions. During the Kosovo crisis in particular, Finkielkraut A 1992 Remembering in Vain: The Klaus Barbie
and the subsequent Milosevic indictment, the British Trial and Crimes Against Humanity. Columbia University
government showed a firm resolve to use international Press, New York
Ignatieff M 2000 Virtual War: Kosoo and Beyond. Henry Holt,
criminal law to deal with intra-national crimes against New York
humanity. Marrus M 1997 The Nuremberg trial: fifty years after. The
The Canadian-born and now British-based journal- American Scholar 66: 563–70
ist Michael Ignatieff, and the British lawyer and Neier A 1998 War Crimes: Brutality, Genocide, Terror, and the
human rights activist Geoffrey Robertson, have been Struggle for Justice. Times Books\Random House, New York
among the most effective spokespersons for a per- Prunier G 1995 The Rwanda Crisis: History of a Genocide.
manent international criminal court. Ignatieff’s (2000) Columbia University Press, New York
book, Virtual War, makes a powerful argument for Robertson G 2000 Crimes Against Humanity: The Struggle for
just how much the politics and technology of war have Global Justice. Penguin Books, London
changed in recent decades. Ignatieff argues that it is
our failure of moral imagination to keep pace with J. Hagan
these changes that inhibits the movement to a per-
manent international criminal court. Robertson’s
(2000) book, Crimes Against Humanity, paints a War, Political Violence and their
historically and geographically sweeping picture of a
world in which violent human rights abuses more Psychological Effects on Children:
often than not go unpunished. Nonetheless, Cultural Concerns
Robertson argues that the Balkan and Rwandan
tribunals signal a new ‘age of enforcement’ that is 1. The Problem
promising and already in progress. Many share
Robertson’s hope that these tribunals will continue to Social science research on children and war can be
evolve into a permanent ICC. traced back to at least the first World War but began

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in earnest during World War II. For most of this time is some evidence that the child’s religious and political
this work has been regarded as outside the mainstream beliefs may influence the way in which political
of psychological research largely because it was violence is appraised. On the other hand, we appear to
believed that few children were exposed to war or know almost nothing about children’s sources of
political violence. This is beginning to change because information regarding political violence and how
today civilians are increasingly becoming the victims they evaluate these sources.
of war. World War I recorded 10 percent civilian Also problematic is the long-term effect of exposure
casualties; World War II some 50 percent, but in all to political violence. Evidence from holocaust sur-
subsequent wars around 80 percent of casualties have vivors provides the largest source of information on
been civilians. this subject. Here it appears that claims of universal
While it is difficult to say how many of these difficulties in later life have possibly been exaggerated.
casualties have been children, one estimate is that In contrast, evidence from children who become
during the 1980s alone some 1.5 million children may refugees is mildly optimistic, at least in the medium
have died while an additional 4 million may have been term, with the role of the child’s pre-refugee family
injured. Further, even more children (perhaps as many support emerging as an important factor. Again,
as 15 million) may have managed to escape physically much of this is based on weak evidence. Unfortunately
but still have had their lives thrown into turmoil as studies in this area often lack adequate (or any) control
they and their families fled to other countries or groups, while samples are open to bias because they
became ‘internally displaced’ within their own coun- are obtained from clinical sources.
tries.

3. Attitudes and Values


2. Mental Health
Either because children are modeling themselves on
Despite this long history the field today still focuses the adults around them or because aggressive behavior
mainly on its initial area of concern—the possibility is a form of coping, the expectation has been that
that exposure to political violence is a traumatizing exposure to political violence will lead to an increase in
experience for children. Certainly there is evidence aggressive behavior, for example when interacting
that war experiences can lead to clinical illnesses with peers.
involving a wide variety of variety of symptoms Several well-designed studies have examined this
typically referred to as post-traumatic stress disorder question, but evaluating the evidence is difficult
(see Anxiety Disorder in Children). because no two studies are identical. Some have
The empirical evidence however, suggests that involved children exposed to long-term political vio-
such suffering is not inevitable. This conclusion is lence, but only one of these employed observational
based on relatively sound evidence that has been methods. In another study the children were observed
accumulated over the last half century. The only but had only been exposed to political violence for a
weakness in this area, it could be argued, is that short time. Therefore despite the unusually high
researchers have tended to rely too heavily on teacher quality of the evidence, no clear conclusions can be
and parental estimates of child stress levels, with not reached. If nothing else, this illustrates the urgent need
enough direct measures from children themselves. A for cross-national replication of research in this area.
further problem is the almost complete lack of studies There has also been much speculation that chil-
in which children have been seen both before and after dren’s moral attitudes and values may be altered by
their exposure to political violence. exposure to war, however, once again there is little
The realization that children show resilience even empirical evidence testing this hypothesis. What evi-
when exposed to political violence has led investigators dence there is appears to come almost exclusively from
to search for those factors which may be helping at one society—Northern Ireland. The suggestion is that
least some children to escape the more severe forms of children in Northern Ireland may have an under-
stress. Early candidates in this area included personal developed sense of the complexity of moral problems.
factors such as age, sex, and personality. Surprisingly, This comes from research using measures of moral
in the context of political violence, very few studies reasoning. However, when moral behavior (measured
have examined these in any systematic way, which using paper and pencil tests) has been examined, no
makes it difficult to draw clear conclusions. effect for political violence has been found.
Additional sources of social support have attracted Whatever the explanation, permanent changes in
speculation including the extended family, the child’s morality are almost certainly not linked to an increase
peers, and the wider community. Here the evidence is in crime among young people at this time. Juvenile
almost entirely anecdotal but provides many interest- crime does increase with increasing political violence
ing ideas that warrant empirical investigation. The but the most likely explanation for this is the absence
cognitive-phenomenological model of coping may of authority figures, such as fathers or the police,
indicate a way forward in this area. For example there combined with extreme levels of deprivation.

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4. Social Problems of gang related activities common at this age, or the


possibility that they are modeling themselves on adult
Of course the ‘normal’ problems that children face behavior. A more worrying suggestion is that the role
during childhood do not evaporate simply because of of adult involvement is more overt—the Godfather
the onset of political violence, in particular the hypothesis.
disadvantages associated with lower socioeconomic This raises the question of the relationship of these
status. Therefore, even for children in societies where children with their families: do families approve,
there is political violence, the major hurdles of every- encourage, admire, or do they disapprove? In terms of
day life remain to be surmounted. In addition, because hard evidence we know very little about these or other
political violence can damage the general infra- questions. Basically we know that children are in-
structure of society, for example, disrupting medical volved but we don’t know why.
services or the food supply, children may be exposed Membership of paramilitary groups or guerrilla
to many risks other than the obvious problems of armies probably involves smaller numbers of children
dealing with bombs and bullets, including increased and young people who, as noted above, are often
risk of accidental injury or death. These conclusions slightly older than their stone throwing brother and
are based on good evidence. Further evidence is also sister. In this area it may be important to recognize
now becoming available to suggest that it is likely that two types of groups, anarchic\ideologues and
there is a cumulative effect with the direct negative nationalist\separatists. Probably more children and
consequences of political violence added to the effects young people join the latter.
of economic and social disadvantage. It is clear that it is not possible to fit these young
Part of this increased risk may be due, it has been people into any particular sociodemographic or psy-
suggested, to the fact that the whole family structure chological categories. In particular there is little
comes under stress as a result of political violence. In evidence to support the common claim that guerrilla
particular this may include changes in child-rearing organizations attract a disproportionate number of
tactics. Further, there is speculation that these changes psychopathic individuals. Nor is it likely that there is a
may carry over to influence the way in which the next particular ‘terrorist type’—even with wide criteria such
generation bring up their children. Unfortunately, as action oriented, aggressive, and sensation seeking.
despite the importance of this area, the amount of Instead rewards may play a role such as prestige,
hard evidence is almost negligible. Only the specu- glamour, excitement, and even material rewards. It is
lation that changes in child-rearing styles accompany not clear however if these are the reasons people join in
exposure to political violence has really been tested the first place or are these factors which sustain
and even then only in a very limited way. membership?
In many societies schooling is an important factor in Rather than suggesting that individuals are moti-
the everyday life of children. Anecdotal evidence vated to become political activists because of certain
suggests that where schools can be kept open they may psychological characteristics or because of the lure of
act as to protect children but this needs to be confirmed rewards, it is hypothesized that children are socialized
empirically. On the other hand, it is clear that political into this role in subtle ways, particularly via the
violence can and often does disrupt schooling, either indirect impact of institutions such as the family. Also
because children do not attend school or because there is the possibility that schools may influence
schools are forced to close. The evidence for this is children’s political ideas in certain societies, especially
reliable but is confined to developed societies. through the teaching of history. Of course not all
history is taught in schools and in more recent times
media coverage of other political struggles has also
5. Child Combatants been implicated in this socialization process as para-
doxically have prisons. There is also some intriguing
Children are not always passive victims of war and\or qualitative evidence that being a victim or witnessing
political violence but may be involved in several another become a victim may play a role in stimulating
different ways. By far the largest of these consists of young people to become politically involved.
younger children who are involved at the periphery, Finally, the UN convention notwithstanding, it
often in such overt political activities as rioting or must be remembered that there are still many state-run
demonstrating. In some societies, however, for exam- armies around the world that include children in their
ple in South Africa and Palestine, this form of activity ranks. In addition there are many young people,
involved large numbers of young people and their role mostly boys (hence the term ‘boy-soldiers’) who are
became central to the political struggle. Older children press-ganged into serving, usually with irregular
are more likely to be involved in clandestine activities forces.
as members of a terrorist organization. A variety of As conflicts come to an end the fear is often
hypotheses have been entertained as to why children expressed that child member of groups trained to kill
become involved in this form of urban guerrilla or maim will not be able to be resocialized. Anecdotal
warfare. These include the thrill of danger, extension evidence suggests that this is not necessarily true. One

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War, Sociology of

possible explanation, which is yet to be tested empiri- opposing groups in order to foster positive intergroup
cally, is that a key element in membership of para- attitudes—the contact hypothesis. This has been a
military groups may be the development of a morality well-researched area for many years and now boasts
of loyalty which in turn is related to the development an extensive literature. What this literature indicates is
of a relevant situated social identity. that for contact to be even minimally effective it has to
This is obviously a very difficult to area in which to take place under highly prescribed conditions. How-
get hard evidence. The existing evidence therefore ever, what advocates of the contact hypothesis appear
comes from atypical group members, is largely an- to be reluctant to accept is that while there is evidence
ecdotal, and has mostly been gathered by journalists that bringing groups together promotes interpersonal
rather than social scientists. It could be argued, contact satisfactorily, it does not necessarily promote
however, that scholars could make more use of these intergroup contact.
as primary sources. Probably the only thing we can There is also good evidence that intergroup conflict
claim to have any firm evidence on is that children and can be reduced by manipulating the process of social
young people who join nationalist\separatist guerrilla categorization in order to alter group boundaries. This
movements are not psychopaths and come from no is a strategy that both social scientists and policy
particular social strata of society. Other hypotheses makers should consider more often. The evidence also
including ideas of ‘terrorist personality types’ or suggests it is not possible to bring social categorization
psychodynamic explanations will always be very hard to an end entirely. Rather it is better to concentrate on
to substantiate. altering the content of stereotypes or manipulating
who gets put in which social category by altering
intergroup boundaries.
6. Children and Peace See also: Coping across the Lifespan; Disasters,
One of the problems, it has been suggested, in bringing Coping with; Stress and Coping Theories; Violence
peace to societies that have experienced political and Effects on Children
violence is that the next generation will have either
begun to believe that there is no future, or that they
will be able to think of the future only in negative Bibliography
terms. Cairns E 1996 Children and Political Violence. Blackwell, Oxford,
Given that we know little about the way in which UK
children develop concepts of peace and war it could be Dawes A, Donald D 1994 Childhood and Adersity: Psycho-
argued that it is premature to try to educate children to logical Perspecties from South African Research. David
be peace makers (see Peace Promotion, Psychology of). Philip, Cape Town
Despite this lack of basic knowledge this process has Freud A, Burlingham D T 1943 War and Children. Medical War
Books, New York
already begun in some societies and some people
Garbarino J, Kostelny K, Dubrow N 1991 No Place to be a
apparently believe it is effective. However, there is Child. Jossey-Bass, San Francisco
virtually no empirical evidence to substantiate their Leavitt L, Fox N 1993 The Psychological Effects of War and
claim. A major problem would appear to be that too Violence on Children. Lawrence Erlbaum, Hillsdale, NJ
much of what passes for peace education focuses on Machel G 1996 Impact of Armed Conflict on Children. United
interpersonal conflict as opposed to intergroup con- Nations Children’s Fund and United Nations Department of
flict. In future, curriculum designers need to produce a Public Information, New York
more effective peace education program and also to Raviv A, Oppenheimer L, Bar-Tal D 1999 How Children
overcome the problem that peace education per se is Understand War and Peace. Jossey-Bass, San Francisco
not always politically acceptable.
It could also be argued that school-based peace E. Cairns
education is always bound to be ineffective because it Copyright # 2001 Elsevier Science Ltd.
targets the wrong people in the wrong setting. For All rights reserved.
example, there is speculation, if not evidence, that
children’s ideas about peace and war may be more War, Sociology of
influenced by what they learn from their parents than
from their schools. There is definitely evidence, which The sociology of war is a central topic in both political
is now often forgotten, that learning about such things and historical sociology, since war is one of the most
as peace and war involves emotions primarily and that important policies states can pursue, and the outcomes
providing facts may not alter these emotions. This is of wars have often shaped both the formation and the
obviously an area which is in need of much more dissolution of states. The literature on war is thus
research which develops what is known and makes it concerned with both its causes and its consequences.
amenable for use in applied settings. Studies of the causes of war can be divided into
The alternative to peace education which is most three broad categories. The first type takes the system
often advocated is bringing children together from as a whole as the unit of analysis and focuses on how

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International Encyclopedia of the Social & Behavioral Sciences ISBN: 0-08-043076-7

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