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This book analyses how international criminal institutions, and
their actors - legal counsels, judges, investigators, registrars -
construct witness identity and memory. Filling an important gap
within transitional justice scholarship, this conceptually led and
empirically grounded interdisciplinary study takes the
International Criminal Tribunal for Rwanda (ICTR) as a case study.
It asks: How do legal witnesses of human rights violations
contribute to memory production in transitional post-conflict
societies? Witnessing at tribunals entails individuals
externalising memories of violations. This is commonly construed
within the transitional justice legal scholarship as an opportunity
for individuals to ensure their memories are entered into an
historical record. Yet this predominant understanding of witness
testimony fails to comprehend the nature of memory. Memory
construction entails fragments of individual and collective
memories within a contestable and contingent framing of the past.
Accordingly, the book challenges the claim that international
criminal courts and tribunals are able to produce a collective
memory of atrocities; as it maintains that witnessing must be
understood as a contingent and multi-layered discursive process.
Contributing to the specific analysis of witnessing and memory, but
also to the broader field of transitional justice, this book will
appeal to scholars and practitioners in these areas, as well as
others in legal theory, global criminology, memory studies,
international relations, and international human rights.
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