Writing history in international criminal trials [electronic resource] / Richard Ashby Wilson.
2011
K5301 .W553 2011eb
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Title
Writing history in international criminal trials [electronic resource] / Richard Ashby Wilson.
Author
Wilson, Richard, 1964-
ISBN
9781139080163 (electronic bk.)
9780521198851
9780521138314 (pbk.)
9780521198851
9780521138314 (pbk.)
Imprint
Cambridge [England] ; New York : Cambridge University Press, 2011.
Language
English
Description
1 online resource (xiv, 257 p.) : ill.
Call Number
K5301 .W553 2011eb
Dewey Decimal Classification
341.6/9
Summary
"This book uses empirical research on three international criminal tribunals to understand how law and history are combined in the courtroom"-- Provided by publisher.
"Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted empirical research with judges, prosecutors, defense attorneys, and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. Both use historical narratives to frame the alleged crimes and to articulate their side's theory of the case. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mind-set. For their part, the defense calls historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinctive from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history"-- Provided by publisher.
"Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted empirical research with judges, prosecutors, defense attorneys, and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. Both use historical narratives to frame the alleged crimes and to articulate their side's theory of the case. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mind-set. For their part, the defense calls historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinctive from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
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Writing history in international criminal trials.
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Table of Contents
Assessing court histories of mass crimes
What does 'international' actually mean for international criminal trials?
Contrasting evidence: international and common law approaches to expert testimony
Does history have any legal relevance in international criminal trials?
From monumental history to microhistories
Exoneration and mitigation in defense histories
Misjudging Rwandan society and history at the International Criminal Tribunal for Rwanda
Permanent justice: the International Criminal Court
Conclusion: new directions in international criminal trials.
What does 'international' actually mean for international criminal trials?
Contrasting evidence: international and common law approaches to expert testimony
Does history have any legal relevance in international criminal trials?
From monumental history to microhistories
Exoneration and mitigation in defense histories
Misjudging Rwandan society and history at the International Criminal Tribunal for Rwanda
Permanent justice: the International Criminal Court
Conclusion: new directions in international criminal trials.