This book analyses how international criminal institutions, and their actors - legal counsels, judges, investigators, registrars - construct witness identity and memory.
Auteur
Benjamin Thorne is an Associate Lecturer in Criminology at Arden University. He is an interdisciplinary academic who has completed his Economic and Social Research Council funded PhD in Law Studies at the University of Sussex. His research interests are situated at the intersection of socio-legal studies, transitional justice, and critical theory. Currently a central focus is memory, transitional justice, and legal atrocity archives, particularly drawing upon insights from critical theory, Giorgio Agamben; Paul Ricoeur; Emmanuel Levinas and Michel Foucault, as a lens through which to explore empirical issues during periods post-conflict transition. Previously, Benjamin was a Visiting Researcher at University of Oxford Centre for Socio-Legal Studies.
Contenu
Introduction Chapter
Introduction
Defining Transitional Justice
Context
Research Data and Method
Structuring the Argument
Chapter One: Memory, Witnesses and International Criminal Institutions
Introduction
Origins of the Practice of Transitional Justice: Nuremberg and the Exceptional use of International Law
The symbolic representation of Nuremberg and Human Rights
Eichmann: Law and the Need for Witnesses to Remember
A Discourse of Transitional Justice Scholarship: From International Justice to Local Justice Via International Norms
International Criminal Tribunals and Courts: Witnesses and Testimonial Evidence
International Criminal Tribunal for Rwanda and Defining Legal Witnesses
Conclusion - International Legal Institutions: Spaces of Memory Construction
Chapter Two: Conceptualising the way Legal Witnesses Remember Mass Human Rights Violations
Introduction
Law and the 'Grey Zone' of Witnessing
Bearing Witness
The Grey Zone: Law, Ethics and Legal Witnesses
The 'Muselmann': the lacuna of law and justice or legal witnessing as 'Judgment'
Theoretical lens: conceptualising legal witnessing
Memory: Individual and Collective Components
Manipulated Memory
From Agamben and Ricoeur to an original conceptual framework: analysing the way legal witnesses remember at the ICTR
Discourse and Legal Archives * i The ICTR's 'Black Box': Opening up the archives
The legal production of knowledge
Conclusion Chapter Three: The Discursive Battleground of Legal Witnessing, Or, The Active Witness and Their '*Right to Truth'
Introduction
Nowhere and Everywhere: The Discursive Reach of the Witness at the ICTR
'Bears in a China Closet': The discursivity of investigations and indictments
The Right to Truth: Who's Speaking?
Mass Atrocities and the Right to Truth
Victims-Witnesses
The discursivity of the 'witness' vs the right to truth: universality, agency and collective legal stories
Conclusion
Chapter Four: Memories of Violence and the Limitations of Law
Introduction
Law, Genocide and Legal Memories of Mass Violence
The ICTR and the crime of Genocide
Genocidal violence: Layers and fluidity of events, actions and agents
Beyond Law: The Plurality of Violent Memories
Discursive restrictions of witness memories
The 'Grey Zone' of legal witnessing
The plurality of memory
Conclusion
Chapter Five: Critiquing Liberal Legality and Collective Memory
Introduction
Legal Actors as Memory Producers
Testifying in the 'Interests of Justice'
The discursive practices of Disclosure
Producing a Legal Memory of Rape and Sexual Violence
Liberal Legality and Collective Memory: A Critique
A critique of advocacy for a legal collective memory of atrocities
Plural vs Collective memory
A Conceptual Alternative
Conclusion Chapter Six: Fragments of Legal Memories
Introduction
Legal Archives: Plurality, Self and 'Others'
Plural Fragments of Memory
Intergenerational Transmission of Legal Memories: Words and Images
Legal Memory: The Empirical Potential and Challenges of the ICTR Archive
Conclusion
Epilogue - An Atrocity Archive: Sensory Expression of Past-Present-Future Conclusion
Introduction
Why Conceptual Insights Matter
Contribution to Knowledge
Framing the Books Contributions
Future Research Directions
Bibliography
Appendix
Appendix One: Case Studies
Appendix Two: List of Data