ABSTRACT
Of course, it is also possible that insisting on justice is perceived as a threat that might also lead to violent reactions. Pauline Baker ( 1996 ) has concluded that those interested in justice fit a different paradigm from those who favor peace, who pragmatically accept that those responsible for violent human rights violations would never agree to stop a conflict if threatened afterwards with prosecution. This is what Huntington called the “torturer’s problem” (Huntington 1992 ). Justice can be suggested in a variety of ways, from prosecution, which is viewed by some as impractical in some developing countries without institutions or funds. Paul van Zyl appears to have amended an earlier critical position taken against universal prosecutions, at least on a mass basis, which he made in light of his own experience as Executive Director of the South African Truth and Reconciliation Commission. More recently, he commented that prosecution of highranking defendants is preferable, in light of the experience extraditing Charles Taylor for trial (Van Zyl 2009 ). Mark Drumbl ( 2007 ) convincingly argues that prosecution is inappropriate given customary law alternatives in traditional societies (including “holistic” approaches).
