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Doing Justice to History: Confronting the Past in International Criminal Courts


ISBN13: 9780198846871
Published: March 2021
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £80.00



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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.

Subjects:
International Criminal Law
Contents:
1:Introduction
2:The Struggle for Historical Justice
3:The Prosecutorial Targets Question
4:The Crime Question
5:The Culpability Question
6:Beyond the Purview of International Criminal Judgments
7:Historical Narrative Pluralism Within and Beyond International Criminal Courts
8:Conclusion
Select Bibliography

Series: Oxford Monographs in International Humanitarian & Criminal Law 

Detention in Non-International Armed Conflict ISBN 9780198843092
Published April 2020
Oxford University Press
£24.99
Rules of Engagement and the International Law of Military Operations ISBN 9780198853886
Published February 2020
Oxford University Press
£80.00
To Serve the Enemy: Informers, Collaborators, and the Laws of Armed Conflict ISBN 9780198788898
Published October 2019
Oxford University Press
£80.00
Internationalized Armed Conflicts in International Law ISBN 9780198819868
Published July 2018
Oxford University Press
£74.00
The Law of Maritime Blockade: Past, Present, and Future ISBN 9780198808435
Published December 2017
Oxford University Press
£89.00
Detention in Non-International Armed Conflict ISBN 9780198749929
Published March 2016
Oxford University Press
£86.00
Fairness in International Criminal Trials (eBook) ISBN 9780191060410
Published January 2016
Oxford University Press
£81.00
(ePub)
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Fairness in International Criminal Trials ISBN 9780198739814
Published January 2016
Oxford University Press
£100.00
The Special Tribunal for Lebanon: Law and Practice ISBN 9780199687459
Published March 2014
Oxford University Press
£105.00
The Special Tribunal for Lebanon: Law and Practice (eBook) ISBN 9780191511165
Published March 2014
Oxford University Press
£95.00
(ePub)
Buy
Rwanda's Gacaca Courts: Between Retribution and Reparation ISBN 9780199694471
Published January 2012
Oxford University Press
£115.00
Rwanda's Gacaca Courts: Between Retribution and Reparation (eBook) ISBN 9780191627590
Published January 2012
Oxford University Press
£105.00
(ePub)
Buy