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Histories Written by International Criminal Courts and Tribunals - Developing a Responsible History Framework (Paperback, 1st ed. 2021)
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Histories Written by International Criminal Courts and Tribunals - Developing a Responsible History Framework (Paperback, 1st ed. 2021)
Series: International Criminal Justice Series, 26
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This book argues for a more moderate approach to history-writing in
international criminal adjudication by articulating the elements of
a "responsible history" normative framework. The question of
whether international criminal courts and tribunals (ICTs) ought to
write historical narratives has gained renewed relevance in the
context of the recent turn to history in international criminal
law, the growing attention to the historical legacies of the ad hoc
Tribunals and the minimal attention paid to historical context in
the first judgment of the International Criminal Court. The
starting point for this discussion is that, in cases of mass
atrocities, prosecutors and judges are inevitably understood to be
engaged in writing history and influencing collective memory,
whether or not they so intend. Therefore, while writing history is
an inescapable feature of ICTs, there is still today a significant
lack of consensus over the proper place of this function. Since
Hannah Arendt articulated her doctrine of strict legality, in
response to the prosecutor's expansive didactic approach in
Eichmann, the legal debate on the subject has been largely
polarised between restrictive and expansive approaches to
history-writing in mass atrocity trials. What has been noticeably
missing from this debate is the middle ground. The contribution
this book seeks to make is precisely to articulate a framework that
occupies that ground. The book asks: what are the lenses through
which judges of ICTs interpret historical events, what kind of
histories do ICTs write? and what kinds of histories should ICTs
produce? Its arguments for a more moderate approach to
history-writing are based on three distinct, but interrelated
grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal
Epistemology. Different target audiences may benefit from this
book. Court officials and legal practitioners may find the
normative framework developed herein useful in addressing the
tensions between the competing objectives of ICTs and, in
particular, in assessing the value of the history-writing function.
Lawyers, historians and other academics may also find the analysis
of the strengths, constraints and blind spots of the historical
narratives written by ICTs interesting. This issue is particularly
timely in view of current debates on the legacies of ICTs. Aldo
Zammit Borda is Director of the Centre for Access to Justice and
Inclusion at Anglia Ruskin University, Cambridge, UK.
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