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Doing Justice to History - Confronting the Past in International Criminal Courts (Hardcover)
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Doing Justice to History - Confronting the Past in International Criminal Courts (Hardcover)
Series: Oxford Monographs in International Humanitarian & Criminal Law
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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.
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