Zachary Kaufman (@zacharykaufman), an academic specializing in political science, public policy, and law, talks with Aroop Mukharji (@aroopmukharji) about transitional justice, genocide, and the time democracy failed him.

Zachary Kaufman (@zacharykaufman), an academic specializing in political science, public policy, and law, talks with Aroop Mukharji (@aroopmukharji) about transitional justice, genocide, and the time democracy failed him.

"While the U.S. government critiques the tenures of foreign officials, it should consider whether the principles it espouses are reflected in our country's own procedures. Where inconsistent, the United States should either reconcile what it practices and preaches or refrain from hypocrisy."

"...[I] a world in which mass atrocities—from Burundi to Burma and Syria to Sudan—show no sign of abatement, President Obama and his successor must actually lead on atrocity prevention. Institutions, training and reports are helpful; the government's will to act is essential."

"Some may argue that the US government bears no moral responsibility, as it did not directly participate in this human experimentation. But the United States declined to hold many of the perpetrators accountable, and benefited materially as well. US government officials were interested in the potential utility of the work of Ishii and other Japanese, however unethical, to the US military. Senior American officials felt that obtaining data from the experiments was more valuable than bringing those involved to justice, because the information could be used to advance the US government’s own weapons development program."

In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II.

The 1994 genocide against the Tutsi in Rwanda was the latest — and the most widespread, systematic, destructive, and gruesome — in a series of atrocities that the country had faced over the prior half-century. In light of the culture of impunity that had developed in Rwanda throughout previous decades and that contributed to the genocide in 1994, this chapter surveys the major "transitional justice" initiatives implemented over the last nineteen years. This chapter argues that such mechanisms have played a role in preventing future genocides in Rwanda — and, to some extent, elsewhere — by fostering a culture of accountability.

What stands out as different in the reasoning of Obergefell is that members of the Court's conservative wing invoked foreign law in a constitutional case about a domestic matter. By doing so, the Court's conservatives appeared to contradict their own previous statements about the role of foreign law in interpreting the U.S. Constitution. Besides legalizing marriage equality, Obergefell may therefore also set an important precedent as to the appropriateness of citing foreign sources in constitutional decisions.