书目名称 | Histories Written by International Criminal Courts and Tribunals |
副标题 | Developing a Respons |
编辑 | Aldo Zammit Borda |
视频video | |
概述 | Will help readers better understand the key tensions and controversies relating to the proper place of history-writing in international criminal adjudication.The responsible history normative framewor |
丛书名称 | International Criminal Justice Series |
图书封面 |  |
描述 | .This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court..The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in. Eichmann., the legal debate on the subject has been largely polarised between .restrictive. and .expa |
出版日期 | Book 2021 |
关键词 | International Criminal Courts and Tribunals; History written by Courts and Tribunals; Strict Legality; |
版次 | 1 |
doi | https://doi.org/10.1007/978-94-6265-427-3 |
isbn_softcover | 978-94-6265-429-7 |
isbn_ebook | 978-94-6265-427-3Series ISSN 2352-6718 Series E-ISSN 2352-6726 |
issn_series | 2352-6718 |
copyright | T.M.C. Asser Press and the author 2021 |