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Home arrow Law arrow United States law and policy on transitional justice : principles, politics, and pragmatics
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Transitional Justice Options the U.S. Government Seriously Considered

Like other members of the international community, the USG almost immediately sought to prosecute individuals suspected of perpetrating atrocities in the Balkans. However, unlike other states, such as Belgium and Germany, the USG was less flexible regarding the ultimate form that prosecution could take. The USG appears only to have seriously considered prosecutions through an ICT, and preferred that the ICT be ad hoc and established through the UNSC.

Also, as discussed in the next section, in opposition to the preferences of other members of the international community, the USG seriously considered a particular non-prosecutorial transitional justice option for addressing some Balkan atrocity perpetrators: amnesty. Specifically, compelling evidence suggests that the USG offered Karadzic conditional amnesty, and did offer Karadzic, Milosevic, Mladic, and other suspected (and even indicted) atrocity perpetrators at least temporary unconditional amnesty. Unlike its treatment of suspected atrocity perpetrators during WWII, the USG apparently did not seriously consider either lethal force or lustration as a means of addressing Balkan atrocity perpetrators.

 
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