Writing History in International Criminal Trials (Google eBook)
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.
What people are saying - Write a review
We haven't found any reviews in the usual places.
What Does International Actually Mean for International
International and Common
Does History Have Any Legal Relevance in International
From Monumental History to Microhistories
Exoneration and Mitigation in Defense Histories
Misjudging Rwandan Society and History at
accused adversarial Akayesu Appeals Chamber arguments armed conflict Author interview Balkans Bosnia and Herzegovina Bosnian Serb Bosnian Serb Army Chief Prosecutor commit genocide context courtroom crime of genocide crimes against humanity Croatia Croats cross-examination decision defense attorneys defense counsel defense lawyers defense teams documents Donia ethnic group expert report expert witnesses former Yugoslavia Garret´on Genocide Convention Greater Serbia hearsay Hema historians historical evidence hoc tribunals Human Rights Hutu ICTY and ICTR ICTY judges ICTY’s indictments institutions international courts International Criminal Court international criminal law international criminal trials international criminal tribunals international humanitarian law international tribunals Ituri Jelisi´c judicial justice Krsti´c law’s leaders Lubanga military Miloševi´c trial nationalist Office parties percent political president Procedure and Evidence prosecution’s prosecutors Prunier quoque defense racial relevant responsibility Rules of Procedure Rwanda Security Council Senior Trial Attorney Shoup Slobodan Miloševi´c social special intent staff Statute strategy testimony Tribunal’s Tutsi Ustaše