Gary J. Bass: It is always difficult and risky to prosecute national leaders like Donald Trump who have some popularity among their people.
, seeking personal control over the courts and the military, clinging to power at all costs. So it is especially fitting that he has been notified that he may soon be indicted on charges tied to alleged efforts to overturn the 2020 election by an American prosecutor who is deeply versed in investigating the world’s worst tyrants and war criminals.
There are two competing visions of national and international justice at play in Mr. Smith’s investigation of Mr. Trump. One is the lofty principle that even presidents and prime ministers must answer to the law. The other is the reality that such powerful leaders can try to secure their own impunity by decrying justice as a sham and rallying their followers, threatening instability and violent backlash.
Both the Nuremberg and Tokyo trials convicted senior leaders for atrocities committed while in government, treating their deeds not as acts of state but as personal crimes punishable by law. After the Cold War, these principles of legal punishment for the world’s worst criminals were revived with United Nations tribunals for the former Yugoslavia and Rwanda, as well as special courts for East Timor, Sierra Leone and elsewhere.
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