Histories written by international criminal courts and tribunals : developing a responsible history framework / Aldo Borda Zammit.
Borda, Aldo Zammit, author.
2021
KZ7050 .Z36 2021
Available Online

Linked e-resources

Linked Resource Online Access
Concurrent users Unlimited
Authorized users Authorized users
Document Delivery Supplied Can lend chapters, not whole ebooks

Details

Title Histories written by international criminal courts and tribunals : developing a responsible history framework / Aldo Borda Zammit.
Author Borda, Aldo Zammit, author.
ISBN 9789462654273 electronic book
9462654271 electronic book
9462654263
9789462654266
DOI https://doi.org/10.1007/978-94-6265-427-3
Published The Hague : T.M.C. Asser Press, 2021.
Language English
Description 1 online resource
Other Standard Identifiers 10.1007/978-94-6265-427-3 doi
Call Number KZ7050 .Z36 2021
Dewey Decimal Classification 345
Summary 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 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 and 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 reasons: (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.
Bibliography, etc. Note Includes bibliographical references and index.
Access Note Access limited to authorized users.
Digital File Characteristics text file PDF
Source of Description Description based upon online resource; title from PDF title page (viewed January 11, 2021).
Series International criminal justice series ; v. 26. 2352-6718
In Springer Nature eBook
Available in Other Form Histories written by international criminal courts and tribunals
Linked Resources Online Access
Record Appears in Online Resources > Ebooks
All Resources
Chapter 1. Introduction
Chapter 2. Approaches to the History-Writing Function in International Criminal Adjudication
Chapter 3. The Individual-Centred Lens
Chapter 4. The Crime-Driven Lens
Chapter 5. The Law-Affirming Lens
Chapter 6. The Distinctive Approaches Of History And Law
Chapter 7. Aiming Towards Responsible History in International Criminal Adjudication
Chapter 8. Conclusion.

Browse Subjects

Show more subjects...

Statistics

from
to
Export