382 CHAPTER TEn ■ Human Riht
United States also objects more generally, asserting that the ICC infringes on U.S. sover-
eignty. While the controversy continues, the United States, as a member of the Security
Council, voted in favor of referring Libya to the ICC in 2011. Yet African states, once
supporters of the ICC, are increasingly skeptical of its neutrality since so many cases
on the court’s docket target African leaders.
Punishment of instigators, whether through international or regional courts, is con-
troversial because of the trade- off between peace and justice. Is it more critical to try
individuals for wrongdoing committed during war, or is it more critical to ensure peace?
Bringing individuals to justice might jeopardize the long- term peace because those fac-
ing future prosecution may try harder to stay in power. The ICC’s indictment of Sudan’s
al- Bashir, for war crimes and his “essential role” in murder and atrocities in Darfur,
illustrates the dilemma. Would the war have ended sooner had his case not been referred
to the ICC by the Security Council? Did the indictment complicate any potential
po liti cal settlement to the Darfur conflict? And does al- Bashir’s open defiance of the
court undermine the court’s legitimacy? For some, there is a better way to proceed.
ecoacRlRainmadn ebHRldRai:nh HhncouuRttRoat
Truth commissions are another approach that has gained popularity since their use in
South Africa following the end of apartheid. The idea behind such commissions is
to examine in an open forum what happened during the time of crisis, to uncover the
truth, and in the pro cess, move forward with the reconciliation pro cess. This approach
is seen as appropriate in countries emerging out of civil war where vio lence is wide-
spread, where blame is apportioned to all sides, and where all parties must now live
side by side. Increasingly, truth commissions are used in conjunction with other legal
mechanisms, such as local courts (as in Rwanda and Bosnia) or hybrid courts (as in
Sierra Leone or Cambodia). The establishment of these mechanisms illustrates a move-
ment in the direction of accepting individuals like pres ent and former heads of state and
nonstate groups as subjects of international law, where previously only states have
had such a status.
Women’s Rights as Human Rights:
The Globalization of Women’s Rights
The case of women’s rights illustrates how human rights have moved from the national
to the international agenda, how diff er ent types of rights have become interconnected,
and how women’s human rights touch directly on cultural values and norms. Gradually
becoming a global issue, a UN poster prepared for the Vienna Conference in 1993 head-
lined: “ Women’s Rights Are Human Rights.” But this view has not always been the case.