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What often follows devastating armed conflict are silence, amnesia and a desire to return to the status quo ante bellum. The more powerful party has little incentive to engage in reconstruction, contrition or negotiation about a political settlement.

Alternatively, a more aggressive model of justice demands that the losing side be held to account in a legal proceeding. This model of retribution, which has deep biblical roots, is an animating principle of the current international legal order. Its advocates might point out that it can deliver justice by punishing those who committed heinous crimes. This indeed was the premise of the Nuremberg trials of 1945-46 in which the political

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