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Aryeh Neier helped build the machinery of accountability

Aryeh Neier was involved in creating both the Yugoslavia war crimes tribunal and the International Criminal Court, and supported groups that pursue justice for victims.

Aryeh Neier
Aryeh Neier · b. 1937
Person
Aryeh Neier
Lived
b. 1937
Field
Human rights
From
German-born American

The story

Aryeh Neier has long argued that people who commit mass atrocities must face consequences. If an ordinary murderer kills one person, he has asked, the law does not let him walk the streets; how then can someone responsible for a hundred or a thousand murders go free? Without consequences, he says, there is no way to protect people against such crimes.

He saw the modern movement for accountability take shape in Latin America. After Argentina's defeat in the Falklands war in 1982, the military regime declared an amnesty for itself before handing over power. The newly elected president rejected it, set up a commission to investigate the disappearances, which documented 8,960 cases, and began prosecuting the leaders responsible. Neier describes this as the origin of truth commissions, which have since been created in more than 40 countries. He distinguishes sharply between a peace settlement and the self-amnesty of a regime forgiving its own crimes, which he says cannot be tolerated.

Putting his view into practice, Neier was closely involved in creating the International Criminal Tribunal for the former Yugoslavia in the 1990s and in creating the International Criminal Court. He spent much time in Bosnia during the war there and worked to support prosecutions. He has pointed out that negotiators feared the Yugoslavia tribunal would block a peace deal, but that in fact it made the Dayton settlement easier to reach.

As president of the Open Society Foundations he also supported organisations working for accountability, among them the International Center for Transitional Justice and the US-based Center for Justice and Accountability. The latter brings civil suits in American courts against people who committed abuses abroad and later moved to the United States.

Such cases build on a line of litigation that began when Joelle Filártiga, a Paraguayan woman living in New York, recognised on a Brooklyn street the man who had tortured her brother to death. A court ruled that a law from the 1790s, the Alien Tort Claims Act, allowed suits for violations of international law committed abroad. Later suits under the act included one by victims of torture under Ferdinand Marcos, which led to damages being distributed to survivors in the Philippines.

Why it matters

The courts and organisations Neier championed made it far harder for those responsible for torture, war crimes and genocide to escape justice.

About Aryeh Neier

Child refugee from Nazi Berlin who led the ACLU, co-founded Human Rights Watch and for two decades ran George Soros’s Open Society Foundations.

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Aryeh Neier
b. 1937 · Human rights
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Sources

Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

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