Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

DeepDyve requires Javascript to function. Please enable Javascript on your browser to continue.

Histories Written by International Criminal Courts and Tribunals

Part of the International Criminal Justice Series Book Series (volume 26)

DOI: 10.1007/978-94-6265-427-3

ISBN: 978-94-6265-426-6

Publisher: T.M.C. Asser Press - Springer Journals

Dec 19, 2020

LitStream

Chapter 1Introduction

Zammit Borda, Aldo

Pages: 1 –40

[The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives is not new. However, it has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical...
LitStream

Chapter 2Approaches to the History-Writing Function in International Criminal Adjudication

Zammit Borda, Aldo

Pages: 41 –76

[There is still a significant lack of consensus over the proper placeProper placeof history-writingProper place of history-writing in international criminal adjudication. Lawyers and practitioners have adopted varying attitudes to history-writing, ranging from restrictive, strict legalityStrict...
LitStream

Chapter 3The Individual-Centred Lens

Zammit Borda, Aldo

Pages: 77 –98

[Using a frame analysisFrame analysis approach, this chapter focuses on one of the lenses through which judges and other legal practitioners interpret and understand past events, namely, the individual-centredIndividual-centred lens. In international criminal adjudication, judges interpret and...
LitStream

Chapter 4The Crime-Driven Lens

Zammit Borda, Aldo

Pages: 99 –127

[This chapter discusses the crime-drivenCrime-driven lens through which judges of ICTs interpret past reality. The crime-driven lens is characterised by two important constraints, one qualitative relating to interpretation and the other quantitative relating to scope. Firstly, ICTs interpret...
LitStream

Chapter 5The Law-Affirming Lens

Zammit Borda, Aldo

Pages: 129 –142

[This chapter examines a third lens through which judges of ICTs interpret and explain past events, namely the law-affirmingLaw-affirming lens. Through this lens, judges of ICTs perceive the operation of international law in a positive light, as based on, and affirming, the moral ideals of...
LitStream

Chapter 6The Distinctive Approaches of History and Law

Zammit Borda, Aldo

Pages: 143 –189

[This chapter focuses on aspects of legal epistemologyLegal epistemology in international criminal adjudication and the important ways in which law’s ways of knowing exert constraints and limitations on the historical narratives that criminal trials are able to produce. As emerges from the...
LitStream

Chapter 7Aiming Towards Responsible History in International Criminal Adjudication

Zammit Borda, Aldo

Pages: 191 –243

[This chapter develops a normative frameworkNormative framework for history-writing in international criminal adjudication called “responsible historyResponsible history”. It argues that a responsible approach to history-writing in atrocity trials involves four elements: (1) A recognition of the...
LitStream

Chapter 8Conclusion

Zammit Borda, Aldo

Pages: 245 –254

[The question over the proper place of history-writing in international criminal adjudication continues to be a source of controversy today. While the dominant approach has remained that of strict legalityStrict legality, there are several other approaches that favour a more moderate place for...

results per page

Prev
1
Next

Browse All eBooks