The Justice Cascade: Six Questions for Kathryn Sikkink

Sikkink_kathryn_credit_doug_knutsonScott Horton interviews Kathryn Sikkink in Harper's, via Andrew Sullivan:

1. You start your work by examining the collapses of brutal military dictatorships in Europe’s southern tier (Greece, Spain and Portugal), and point out that although political and social processes led to accountability in Greece and Portugal, they didn’t in Spain. Will accountability for the horrendous crimes of the Franco period be avoided forever, or have they merely been delayed?

Based on charges filed by associations of victims and their families, Spanish Judge Baltasar Garzón opened an investigation in 2008 into more than 100,000 cases of executions and disappearances that took place from 1936 to 1951. So, we are talking here about executions and disappearances that happened between sixty and seventy-five years ago. My book is about the trend toward individual criminal accountability, which requires that cases be brought against specific living perpetrators. Virtually all of the suspected perpetrators in Spain are now dead. Although individual criminal accountability for human rights violations from that period is no longer possible, other forms of accountability are needed. In particular, many family members still hope to locate the remains of their relatives, to rebury those remains, and to know more about the circumstances that led to the deaths. Such truth-telling is still necessary and possible, even if individual criminal accountability is not.

2. Samuel Huntington wrote that if accountability trials were to be conducted, they had to occur immediately in the wake of transition or not at all. His view seems to have been the received wisdom of political scientists twenty years ago. Have the intervening events tended to sustain or to refute him?

The single most forceful finding of my research is that on this issue, Huntington was completely wrong. Justice comes slowly — often painfully, unacceptably slowly in the eyes of victims — but surprisingly it often does come. Domestic courts in Uruguay took twenty years to sentence former authoritarian leaders Juan María Bordaberry and General Gregorio Álvarez for ordering the murders of political opponents. The Extraordinary Chambers in Cambodia issued its first conviction last year, more than thirty years after the horrors of the killing fields.