Christopher Hitchens' slender indictment of former National Security Advisor and Secretary of State Henry A. Kissinger can be judged according to its realization of either one of two possible goals. The first, explicit, goal is the narrow one of presenting historical evidence and the relevant clauses of American and international law so as to make the case for Kissinger's trial as a war criminal by US, foreign or international courts. The second goal, implicit in Hitchens' subject matter and arguments, is the broader one of explaining, or at least exploring, what role justice ought to play in Great Power politics and how heads of state ought to be held accountable for their actions. The book realizes the first goal but falls far short of the second--and far more interesting--one.
Drawing on available White House and State Department documents from Kissinger's years in government service, as well as various accounts by others, inside and outside Washington power circles, Hitchens does a skillful job of defining the war crimes in question and demonstrating Kissinger's culpability in them. Here, Hitchens shows his abilities as a journalist and historical detective, as well as his debating skills, deftly dissecting Kissinger's various excuses and evasions concerning his past actions.
Two problems mar this otherwise impressive performance. The first, inevitable, problem is that the sifting of historical data and parsing of laws makes the book a bit dry and dull--exactly what one would expect from a legal brief. The second, far more avoidable, problem is the book's style, made extremely tedious by the buckets of vitriol and self-righteousness Hitchens pours out not only on Kissinger but on far less morally reprehensible figures like Clark Clifford or Daniel Patrick Moynihan (whose writing abilities, as well as character, are attacked in a bizarre aside).
The book's most serious flaw, however, is its failure to address the larger issues involved. Hitchens seems to believe that all key political decision makers ought to be held to the high standards set by international law and human rights codes and tried for their violations of these standards by a body like the International Criminal Court. While this is a worthy goal in principle, its practicality is doubtful. The rule of law within a society presupposes the authority of a unified state, preferably one accountable to the people, behind the law. Only such a common authority can enforce the law and ensure a reasonably uniform application of it. No such authority exists behind international law or the ICC, which are subject to the same old power politics among nations they are supposedly above.
Take, for example, the original war crimes tribunals against the German and Japanese high commands after World War II. Were those men guilty of war crimes? Absolutely--but so were Winston Churchill (for allowing the fire-bombing of civilians at Dresden), Harry S Truman (for authorizing use of the A-bombs) and Josef Stalin (for originally invading Poland, slaughtering Poles and allowing the mass rape of German women at the war's end). The reason those men did not end up at the end of the rope was for the simple, cynical reason that they won and the Axis powers lost. Similarly, Henry Kissinger might someday be prosecuted for his crimes, but such prosecution will represent the triumph of his political enemies, not of justice.
Fair application of international law is a near impossibility, especially since its violation is a sadly routine part of politics and if it ever were rigorously applied not only Kissinger but most of the world's governments would be behind bars. Hitchens failure to acknowledge this problem makes him seem naive and makes The Trial of Henry Kissinger an ultimately unsatisfying read.