Doing Justice to History
Confronting the Past in International Criminal Courts
Series: Oxford Monographs in International Humanitarian & Criminal Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 March 2021
- ISBN 9780198846871
- Binding Hardback
- No. of pages384 pages
- Size 240x163x26 mm
- Weight 734 g
- Language English 144
Categories
Short description:
This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.
MoreLong description:
As communities struggle to make sense of mass atrocities, expectations have increasingly been placed on international criminal courts to render authoritative historical accounts of episodes of mass violence. Taking these expectations as its point of departure, this book seeks to understand international criminal courts through the prism of their historical function. The book critically examines how such courts confront the past by constructing historical narratives concerning both the culpability of the accused on trial and the broader mass atrocity contexts in which they are alleged to have participated.
The book argues that international criminal courts are host to struggles for historical justice, discursive contests between different actors vying for judicial acknowledgement of their interpretations of the past. By examining these struggles within different institutional settings, the book uncovers the legitimating qualities of international criminal judgments. In particular, it illuminates what tends to be foregrounded and included within, as well as marginalised and excluded from, the narratives of international criminal courts in practice. What emerges from this account is a sense of the significance of thinking about the emancipatory limits and possibilities of international criminal courts in terms of the historical narratives that are constructed and contested within and beyond the courtroom.
This book is a well-informed, meticulously researched and incessantly inquisitive contribution to what might be broadly characterised as the historiography of international criminal law. How do international criminal courts go about constructing historical narratives, how are these histories received and what happens to history after its encounter with international law, and international law after its encounter with history? By offering us a series of deft and sometimes pugnacious answers to these questions, Dr Sander enriches the field considerably.
Table of Contents:
Introduction
The Struggle for Historical Justice
The Prosecutorial Targets Question
The Crime Question
The Culpability Question
Beyond the Purview of International Criminal Judgments
Historical Narrative Pluralism Within and Beyond International Criminal Courts
Conclusion
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