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All the Missing Souls: A Personal History of the War Crimes Tribunals (Human Rights and Crimes against Humanity, 18) Hardcover – December 25, 2011
The behind-the-scenes story of how today's war crimes tribunals came to be
Within days of Madeleine Albright's confirmation as U.S. ambassador to the United Nations in 1993, she instructed David Scheffer to spearhead the historic mission to create a war crimes tribunal for the former Yugoslavia. As senior adviser to Albright and then as President Clinton's ambassador-at-large for war crimes issues, Scheffer was at the forefront of the efforts that led to criminal tribunals for the Balkans, Rwanda, Sierra Leone, and Cambodia, and that resulted in the creation of the permanent International Criminal Court. All the Missing Souls is Scheffer's gripping insider's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time.
Scheffer reveals the truth behind Washington's failures during the 1994 Rwandan genocide and the 1995 Srebrenica massacre, the anemic hunt for notorious war criminals, how American exceptionalism undercut his diplomacy, and the perilous quests for accountability in Kosovo and Cambodia. He takes readers from the killing fields of Sierra Leone to the political back rooms of the U.N. Security Council, providing candid portraits of major figures such as Madeleine Albright, Anthony Lake, Richard Goldstone, Louise Arbour, Samuel "Sandy" Berger, Richard Holbrooke, and Wesley Clark, among others.
A stirring personal account of an important historical chapter, All the Missing Souls provides new insights into the continuing struggle for international justice.
- Print length552 pages
- LanguageEnglish
- PublisherPrinceton University Press
- Publication dateDecember 25, 2011
- Dimensions6.25 x 1.5 x 9.5 inches
- ISBN-100691140154
- ISBN-13978-0691140155
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Editorial Reviews
From Bookforum
Review
"Selected for the Washington Post's "Best of 2012: 50 notable works of nonfiction""
"All the Missing Souls is a very personal history, an angry book by an often bitter man caught in the middle, conflicted in his loyalties, trying to advance the American agenda on international justice, while simultaneously having to tell potential allies in other countries that the agenda did not apply to Americans. . . . [T]he question of whether the establishment of international justice was actually worth it hangs over David Scheffer's narrative. . . . Justice--imperfect, partial, expensive--has been done and even been seen to be done. In these places, murderous rages have subsided. Some have reconciled. States have achieved stability. People are moving on. One of the reasons for this may be that in some cases justice was done. If so, David Scheffer can be proud of what he tried to do."---Michael Ignatieff, New York Review of Books
"The story [Scheffer] tells is fascinating, for it makes clear that his principal adversary in the struggle for international justice wasn't African warlords or Balkan nationalists but members of his own government."---Lawrence R Douglas, Times Literary Supplement
"A diplomat fights an uphill battle to bring the worst criminals to justice in this dogged memoir. . . . Scheffer's narrative is an epic diplomatic history. . . . In it we see the birth of a more responsible and civilized world order." ― Publishers Weekly
"David Scheffer, a former State Department official who was a major architect of the five new tribunals of the 1990s, takes a refreshingly different approach to American pride in his semi-autobiographical study of the new courts. He is critical of his president (Clinton), he is critical of his secretary of state (Albright), and, remarkably and refreshingly in an American memoir in the twenty-first century, he is critical of himself. . . . Scheffer . . . offers an impressively gripping and persuasive story of the complexity of his own undertakings: the cooperation across bureaucracies domestic and international, the development of law respectfully and creatively, and the furious indifference of circumstance to the best of intentions. In other words, he has written a good book of contemporary history."---Timothy Snyder, New Republic
"A revealing and valuable record of the U.S. role in the effort to entrench accountability for mass atrocities as a central principle in international affairs. . . . The centerpiece of Scheffer's book is a long and vivid account of the negotiations to set up a permanent International Criminal Court."---Anthony Dworkin, Washington Post
"David Scheffer . . . provides the ultimate insider's life work, part autobiography, part documentary, all highly informative and enlightening. Indeed, much of the information contained in this text simply cannot be obtained from any other source."---Matthew Kane, International Affairs
"Meticulous. . . . From 1993 to 1997 [Scheffer] served as senior adviser to Madeleine Albright, the US ambassador to the UN, and then until 2001, on President Bill Clinton's nomination, he became the first US ambassador-at-large for war crimes issues. Scheffer is therefore particularly well placed to describe the changes that occurred over that eight-year period. . . . All the Missing Souls: A Personal History of the War Crimes Tribunals is first and foremost an insider's account, and one written from a US perspective. . . . No country has done more to create an international justice system than the US, or to keep itself outside the reach of that system. If nothing else, Scheffer's account establishes that for the US, even for the Clinton administration, this was about making international law for others."---Philippe Sands, Financial Times
"Scheffer recounts the effort to extend the reach of international justice to war zones and collapsing societies. . . . This impeccably documented work stands as a condemnation not just of such Bush-era expediency but also of moral compromise at the expense of the powerless. It's also the story of an attempt to attain the most strenuous of goals: upholding civilization in the face of monstrous evil. Scheffer is one of the very few people who can tell it."---Douglas Gillison, Time
"The most enduring and sobering message of All the Missing Souls is that--unless the most powerful players in international military actions insist otherwise--international criminal justice is always at the bottom of the list."---Jacqueline Bhabha, Harvard Magazine
"Pioneering. . . . From the indictment of Slobodan Milosevic in Kosovo to the trial of Charles Taylor in Sierra Leone, Scheffer recounts the highlights of this 'truly international counterattack on impunity for the worst possible crimes.' Reflecting after nearly a decade of battles, the author writes that international justice is the art of the possible and requires endless patience and persistence. . . . An important resource for scholars and specialists in international law." ― Kirkus Reviews
"Scheffer provides a fascinating insider's account of the formation of the war crimes tribunals following atrocities in the Balkans, Rwanda, Sierra Leone, and Cambodia. . . . Scheffer chronicles in captivating detail the diplomatic and political minefields that he and his colleagues navigated to help establish the International Criminal Court. . . . A superb account and unique perspective on the subject, complementing works such as Carla Del Ponte's Madame Prosecutor: Confrontations with Humanity's Worst Criminals and the Culture of Impunity."---Lynne F. Maxwell, Library Journal
"As the first Ambassador at large for War Crimes Issues, David Scheffer was literally at the centre of what is the most fertile period in the development of international criminal law since the Nuremberg Trial. . . . His insights into the dynamics of the evolving US policy in international criminal justice are invaluable. Amongst the many textbooks in international criminal law, David Scheffer's book is refreshingly different. It makes good reading for specialists and for students, yet it is also highly accessible to a broad public. This is a must acquisition for the international criminal law bookshelf."---William A. Schabas, PhD Studies in Human Rights
"The reporting of genocide and mass atrocities in the media often has the effect of dulling us to their full horror. They become abstractions, something that happens to other people, far away. In All the Missing Souls, Scheffer makes those crimes immediate and real, and describes an extraordinary effort to further the creation of a world that 'holds war criminals in contempt and breeds them no more.'"---Maria Browning, Chapter 16
"This is an honest and scholarly book."---Geoffrey Robertson, New Statesman
"[Scheffer] documents, in careful detail, the convoluted behind-the-scenes steps that went into the setting up of the various tribunals, the nit-picking delays, the timidity and obfuscation of governments and the endless postponements and quibbling. . . . [A] historically important book of record."---Caroline Moorehead, Literary Review
"Scheffer, who led U.S. efforts to develop international criminal courts during the Clinton administration, has written a personal history of these efforts. . . . Full of exhaustive details, although not organized in chronological or systematic fashion, this book will be of great interest to specialists in the field." ― Choice
"This is an important book, its final chapter being, perhaps, the most important, because it points a way forward to new categories of crimes against humanity, such as atrocity crime, which need to be on the statute book if the ICC is to have even sharper teeth."---Rabbi Dr Charles H Middleburgh, Middleburgh Blog
"All the Missing Souls clearly fills a gap in literature on the administration of international justice, and it is must reading for those interested in emerging themselves profoundly in this field. His direct personal involvement in working to create international tribunals to bring to justice individuals responsible for the worst of the 'atrocity crimes' of recent decades demonstrates that perseverance and tenacity can make a difference on the international scene."---Martin Wenick, American Diplomacy
"David Scheffer has provided us with a unique insight into the international legislative process and into the making of US foreign policy. We are in his debt."---Chris Brown, RUSI Journal
"All the Missing Souls is an excellent narrative on the formation and the future of international justice and rule of law initiatives."---Justin L. Heather, Chicago Bar Association Record
"Scheffer's general observations and recommendations are grounded in a wealth of detail on the diplomatic ins and outs of the pursuit of international criminal justice during his tenure."---Richard B. Bilder, American Journal of International Law
"On behalf of the world's most powerful nation in the 1990s, Scheffer was pivotal throughout the formative decade of international criminal justice. No historian or scholar of international criminal law can afford to miss his newly published All the Missing Souls: A Personal History of the War Crimes Tribunals. . . . The role of a talented and committed diplomat and lawyer, in the service of the world's most powerful nation and of his own pathway to redemption, can be invaluable. In the end, we are all indebted to Scheffer for his personal contributions to the cause."---Doug Cassel, American Journal of International Law
"This clearly written book [is] a comprehensive historical, political and diplomatic overview of the international criminal law system."---Rossella Pulvirenti, Political Studies Review
Review
"Scheffer's personal experiences combined with his legal knowledge and moral appreciation of what it means to build a genuine system of international criminal justice make this an important book. His tale makes clear just how new and fragile this system is, and how contingent it is on the personal determination and political will of a handful of key players."―Anne-Marie Slaughter, Princeton University
"Scheffer is not some sheltered academic writing idealistically about a world he does not know or understand. He has seen what can happen when there is no rule of law. This book is a treasure and an amazing achievement."―Gregory B. Craig, former White House counsel to President Barack Obama
"David Scheffer was a central mover in the 1990's international assault on the world's architects of atrocity. The main weapons in this campaign were the international tribunals for former Yugoslavia, Rwanda, Sierra Leone, and Cambodia, and the newly established International Criminal Court. Scheffer's important and original book is a detailed and surprisingly personal account of a historic movement and the vital story of a revolutionary international investment in the struggle for a future of peace with justice."―Sir Brian Urquhart, former under-secretary-general of the United Nations
"Few persons have been so intimately involved as David Scheffer in the contemporary emergence of international criminal justice. His insightful book shows not only his important role in bringing about the tribunals and the International Criminal Court, but also reveals the inner workings of the international legislative processes."―M. Cherif Bassiouni, DePaul University
"David Scheffer has written a fascinating book that will be read with great interest by everyone in the growing field of international criminal law, as well as many others who are concerned about international law and institutions. All the Missing Souls is rich in detail and very compelling. There is nothing comparable to this in terms of its breadth and authority."―William A. Schabas, author of Genocide in International Law
"All the Missing Souls is a masterful, well-paced read that fills a glaring gap in the literature on international justice. Scheffer is to be applauded for having written a passionate yet restrained personal account that is lucid, self-critical, and smart, and of singular importance. I have no doubt that All the Missing Souls will come to rank alongside Telford Taylor's The Anatomy of the Nuremberg Trials. Scheffer is the Taylor of our times."―Jens Meierhenrich, London School of Economics and Political Science
From the Inside Flap
"David Scheffer tells the inside story of the creation of international justice for victims of atrocity crimes. As the picture of astronauts walking on the moon embodied the evolution of technology, this book captures eight years of a controversial process that is changing humanity forever."--Luis Moreno-Ocampo, chief prosecutor of the International Criminal Court
"Scheffer's personal experiences combined with his legal knowledge and moral appreciation of what it means to build a genuine system of international criminal justice make this an important book. His tale makes clear just how new and fragile this system is, and how contingent it is on the personal determination and political will of a handful of key players."--Anne-Marie Slaughter, Princeton University
"Scheffer is not some sheltered academic writing idealistically about a world he does not know or understand. He has seen what can happen when there is no rule of law. This book is a treasure and an amazing achievement."--Gregory B. Craig, former White House counsel to President Barack Obama
"David Scheffer was a central mover in the 1990's international assault on the world's architects of atrocity. The main weapons in this campaign were the international tribunals for former Yugoslavia, Rwanda, Sierra Leone, and Cambodia, and the newly established International Criminal Court. Scheffer's important and original book is a detailed and surprisingly personal account of a historic movement and the vital story of a revolutionary international investment in the struggle for a future of peace with justice."--Sir Brian Urquhart, former under-secretary-general of the United Nations
"Few persons have been so intimately involved as David Scheffer in the contemporary emergence of international criminal justice. His insightful book shows not only his important role in bringing about the tribunals and the International Criminal Court, but also reveals the inner workings of the international legislative processes."--M. Cherif Bassiouni, DePaul University
"David Scheffer has written a fascinating book that will be read with great interest by everyone in the growing field of international criminal law, as well as many others who are concerned about international law and institutions. All the Missing Souls is rich in detail and very compelling. There is nothing comparable to this in terms of its breadth and authority."--William A. Schabas, author ofGenocide in International Law
"All the Missing Souls is a masterful, well-paced read that fills a glaring gap in the literature on international justice. Scheffer is to be applauded for having written a passionate yet restrained personal account that is lucid, self-critical, and smart, and of singular importance. I have no doubt that All the Missing Souls will come to rank alongside Telford Taylor'sThe Anatomy of the Nuremberg Trials. Scheffer is the Taylor of our times."--Jens Meierhenrich, London School of Economics and Political Science
From the Back Cover
"David Scheffer tells the inside story of the creation of international justice for victims of atrocity crimes. As the picture of astronauts walking on the moon embodied the evolution of technology, this book captures eight years of a controversial process that is changing humanity forever."--Luis Moreno-Ocampo, chief prosecutor of the International Criminal Court
"Scheffer's personal experiences combined with his legal knowledge and moral appreciation of what it means to build a genuine system of international criminal justice make this an important book. His tale makes clear just how new and fragile this system is, and how contingent it is on the personal determination and political will of a handful of key players."--Anne-Marie Slaughter, Princeton University
"Scheffer is not some sheltered academic writing idealistically about a world he does not know or understand. He has seen what can happen when there is no rule of law. This book is a treasure and an amazing achievement."--Gregory B. Craig, former White House counsel to President Barack Obama
"David Scheffer was a central mover in the 1990's international assault on the world's architects of atrocity. The main weapons in this campaign were the international tribunals for former Yugoslavia, Rwanda, Sierra Leone, and Cambodia, and the newly established International Criminal Court. Scheffer's important and original book is a detailed and surprisingly personal account of a historic movement and the vital story of a revolutionary international investment in the struggle for a future of peace with justice."--Sir Brian Urquhart, former under-secretary-general of the United Nations
"Few persons have been so intimately involved as David Scheffer in the contemporary emergence of international criminal justice. His insightful book shows not only his important role in bringing about the tribunals and the International Criminal Court, but also reveals the inner workings of the international legislative processes."--M. Cherif Bassiouni, DePaul University
"David Scheffer has written a fascinating book that will be read with great interest by everyone in the growing field of international criminal law, as well as many others who are concerned about international law and institutions. All the Missing Souls is rich in detail and very compelling. There is nothing comparable to this in terms of its breadth and authority."--William A. Schabas, author ofGenocide in International Law
"All the Missing Souls is a masterful, well-paced read that fills a glaring gap in the literature on international justice. Scheffer is to be applauded for having written a passionate yet restrained personal account that is lucid, self-critical, and smart, and of singular importance. I have no doubt that All the Missing Souls will come to rank alongside Telford Taylor'sThe Anatomy of the Nuremberg Trials. Scheffer is the Taylor of our times."--Jens Meierhenrich, London School of Economics and Political Science
About the Author
Product details
- Publisher : Princeton University Press; First Edition (December 25, 2011)
- Language : English
- Hardcover : 552 pages
- ISBN-10 : 0691140154
- ISBN-13 : 978-0691140155
- Item Weight : 2.13 pounds
- Dimensions : 6.25 x 1.5 x 9.5 inches
- Best Sellers Rank: #1,597,440 in Books (See Top 100 in Books)
- #1,242 in International Diplomacy (Books)
- #7,494 in Political Leader Biographies
- #44,994 in Memoirs (Books)
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David Scheffer was Counsel to Madeleine Albright at the UN, and during her tenure as Secretary of State, served as the first United States War Crimes Ambassador. For those dynamic and exhaustingly long years, Scheffer played a pivotal role in the origination and development of each war crime tribunal and special court–Yugoslavia, Rwanda, Sierra Leone, and Cambodia – and in the capstone achievement of the creation of the International Criminal Court.
As coordinator, negotiator and drafter, and as an assiduous chronicler, Scheffer provides an insider’s record of the establishment of these institutions, marking the epochal advances in the quest for justice for victims of radical evil.
The work also furnishes an insightful study of the fundamental conflict and tension posed by the imperatives of politics and its challenge to the development of international criminal law and its implementation. An even more granulated portrait is revealed of the internecine, sometimes personal, bureaucratic and administrative intransigence of the various stakeholders engaged in this complex process. Scheffer depicts the institutional biases of his counterparts at the State Department, The Department of Defense, intelligence agencies, Congress, and adjunct players serving the administration, each aggressively asserting their influence and power to advance their parochial interests. All The Missing Souls describes the diplomatic machinations of states reluctant to surrender sovereignty to any tribunal; and a UN, perversely possessive of its power, plagued by ego-driven leaders and bureaucrats threatening to derail creation of an infrastructure for justice.
Thus, while ostensibly the book is oriented towards the legal challenges encountered, it is an equally compelling read for students of political science interested in policy formation, the decision making process, and the realities of diplomacy in practice. Scheffer excels in his patient thorough explanation of how the complex conflicts over political and legal issues were resolved through persistent, creative, and intelligent efforts at compromise.
An additional skein woven into the narrative, providing context for those unfamiliar with the confusing typology and lexicon, norms and definitional vocabulary of the subject matter of international criminal justice is a brief enlightening excursus, where Scheffer lucidly defines the substance of the crimes included within the subject matter jurisdiction of the tribunals and ICC, distinguishing genocide from crimes against humanity, atrocity law and violations of the laws of war; and explaining the importance of the correct characterization of these crimes for purposes of initial investigation, jurisdiction and prosecution.
Perhaps the most compelling motivation for reading All The Missing Souls is its rendition of an extraordinary personal odyssey arising from the experience of a unique ambassadorship. Scheffer, at times self-critical, becomes an anguished and gifted witness of the dark of side of humanity, haunted and impelled to persist indefatigably in a conscience-driven quest to strip impunity from perpetrators of radical evil. As such, All The Missing Souls earns a place among works included in the canon of “witness literature.”
Few diplomats are wrenched from the urbane comforts of their conference rooms to stand in a fetid makeshift hospital tent witnessing:
…the victims of a machete attack… I could scarcely understand
the carnage. I saw one child whose brain had just been stuffed back
into his head by the doctor, without anesthetic. Another child was told
that his leg would be amputated. His screams persisted throughout my
visit and echoed within me for days. A beautiful teenage girl was lying
motionless, forever paralyzed by a gunshot wound. An old woman was
barely intact from machete slashes. (p.116)
As Scheffer concludes this passage:
I had a recurring nightmare for years after Mudende. I would arrive at
a massacre scene with the dead blanketing the killing field. But there
always was a solitary tent, and when I entered it there was one hideously
wounded survivor who pleaded for help. I would run from the tent screaming
for a doctor. The doctor never arrived and death overtook the victim. (p.116)
This traumatic experience, with images of horror reminiscent of Goya, olfactory assaults inflicted while wading ankle deep in the muck of freshly discovered mass graves, and the tactile reality of comforting an injured victim with a touch, inspires in Scheffer a resoluteness and sense of purpose that sustains him for more than a decade in grappling with a myriad of antagonists in attaining justice for his constituency of victims.
The book skillfully blends the different narrative threads by structuring the core chapters with an emphasis on the paramount issue or problem encountered in the particular tribunal, accompanied by the diplomatic and political efforts engaged in by Scheffer and others to surmount the obstacles. Thus the sections dealing with the establishment of the Rwanda Tribunal discuss the difficulties to reach agreement among stakeholders on the threshold issue that genocide occurred, and that a tribunal was needed as a vehicle for accountability.
Disagreements clouded every step of the way: the selection of the prosecutor becomes a protracted and fraught process, as is the source of the judges for the tribunal—the Rwandan judiciary and legal profession having been nearly decimated by the genocide. A rancorous conflict ensues over whether the death penalty is available, with Rwandans zealously advocating their right to impose it, and the UN and many nation states adamantly objecting. Other issues arise: the period of time to be covered, the crimes to be prosecuted by the Tribunal, and those relegated to Rwandan courts. Marathon negotiations were necessary to resolve each thorny issue. Scheffer’s leadership as coordinator and negotiator and his unrelenting efforts contribute to nursing the effort to fruition.
Yugoslavia was different. The Tribunal was established during a period of continuing hostilities. The Serbian leaders with whom diplomats were attempting to negotiate a cessation of the military conflict were among the top prospects to be prosecuted. Thus, political issues of amnesty and impunity were inescapably embedded in balancing the essential objective of ending the slaughter and preventing a further wave of atrocity crimes, and the objective of holding the perpetrators accountable for their crimes. The appreciation of the significance of that issue is enhanced with reference to creation of the Special Court for Sierra Leone, where political expediency favoring amnesty prevailed over the objective of accountability, engendering regrettable consequences. Other seemingly routine issues, such as obtaining intelligence necessary to prepare arrest warrants, gaining access to the killing fields, and ultimately arresting the suspects, embattle Scheffer in political and bureaucratic skirmishes with allies and even other agencies of the US government.
While each of the individual tribunals and special courts represent important milestones paving the road towards the attainment of justice for victims of atrocity crimes, it is the sections of All The Missing Souls narrating the tortuous struggle to negotiate, draft and execute the Rome Statute, establishing the International Criminal Court, that is central to the work. The salient theme is the story of American participation and its insistence upon the prerogatives of American “exceptionalism,” with the US encouraging other nations to surrender sovereignty and submit to the Court’s jurisdiction, while remaining hesitant itself and only signing at the last moment. Unfortunately promptly thereafter, upon accession of the Bush administration, the US compromised its status by letter- reservation, nullifying its role as a participant and reducing it to that of an observer.
To the extent that Scheffer evaluates the effectiveness of the process he participated in, it is to make the nuanced and undeniable claim that the existence and functioning of such international tribunals with successful prosecutions to their credit place potential perpetrators on notice, signaling that impunity has been rejected as a defense to atrocity crimes and that state sovereignty is no longer a shield to hide behind. These are achievements of magnitude and worthy of praise for Scheffer and others allied in this great undertaking for within a decade, a revolution in the pursuit of justice was accomplished.
All The Missing Souls merits renewed consideration and should be recognized as an iconic work, taking its place among the compendium of superb works in law, diplomacy and political science. It illuminates, informs, even inspires, and teaches splendidly in each area. The work should also be recognized for the personal achievements of its author: for his dedicated, unceasing efforts as a passionately committed man of conscience.
Students and professionals interested in the subject matter will encounter an engrossing, riveting, surprisingly dramatic story of truly seminal events that happened on Ambassador Scheffer’s watch.
Scheffer must have given up hope of ever returning to Washington by the time he wrote the book, because it avoids the euphemisms and evasions that mar most Washington memoirs. Instead, it is filled with institutional score-settling and polite but direct criticism of named individuals. Madeleine Albright, William Cohen, and Hillary Clinton take their lumps. The State Department (where Scheffer worked) is beaten up for prioritizing peacemaking over accountability. The intelligence community is blamed for dragging its feet on intelligence sharing with international prosecutors. The Pentagon is blamed for being slow to arrest war criminals in Bosnia and for trying to cripple the International Criminal Court (ICC). The White House is depicted as slow to make decisions, too deferential to the Pentagon, and preoccupied with public relations over substance. The UN comes off as feckless. Indeed, Scheffer himself doesn't always come off well: for example, in order to whip up public support for NATO's air war on Serbia, he went on TV and pushed the ridiculous idea that 100,000 people may have died in a "genocide" in Kosovo, thereby giving aid and comfort to dictators everywhere who claim that human rights rhetoric is just political cover for regime change. One also wonders why he didn't resign his office when it became clear that Washington wanted him to oppose a strong ICC.
On the whole, though, Scheffer seems like a decent person. He certainly fought hard to bring genocidaires and mass-murderers to justice. His book is great reading for anyone interested in Washington policy-making or in modern human rights diplomacy. I took off one star only because the book is badly edited and somewhat bloated with trivia about demarches and interagency meetings. Historians might appreciate the details but ordinary readers won't.
