Titlebook: Histories Written by International Criminal Courts and Tribunals; Developing a Respons Aldo Zammit Borda Book 2021 T.M.C. Asser Press and t

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Introduction,ewed 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 since their closure, and the minimal attention paid to historical context in the first judgment of the International Criminal Court. Sin

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Approaches to the History-Writing Function in International Criminal Adjudication,ers have adopted varying attitudes to history-writing, ranging from restrictive, strict legality approaches to more expansive didactic legality approaches. However, framing the field in such binary—restrictive v. expansive—terms tends to lead to a polarized debate regarding whether international tri

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The Individual-Centred Lens, past events, namely, the individual-centred lens. In international criminal adjudication, judges interpret and explain historical events primarily on the basis of individual agency. The individual-centred lens has the advantage of focusing on the role of particular individuals and thus facilitating

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The Crime-Driven Lens,ant constraints, one qualitative relating to interpretation and the other quantitative relating to scope. Firstly, ICTs interpret historical facts using specific legal constructs which have been variously described by historians as “torturing”, “deforming”, or “distorting” history. Criminal law is o

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The Law-Affirming Lens,udges of ICTs perceive the operation of international law in a positive light, as based on, and affirming, the moral ideals of “humanity” (as, in the past, it affirmed “civilization”). Through this lens, however, judges also reserve for themselves the prerogative to decide which social practices cou

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The Distinctive Approaches of History and Law,rt constraints and limitations on the historical narratives that criminal trials are able to produce. As emerges from the discussion in this chapter, the relationship between law and history is, at best, “uneasy”. From the perspective of historiography, it may be tempting to dismiss criminal trials

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Aiming Towards Responsible History in International Criminal Adjudication,responsible approach to history-writing in atrocity trials involves four elements: (1) A recognition of the value of history-writing in such trials, on the basis of arguments from truth and justice, right to truth and legal epistemology. (2) Drawing on the work of Bernard Williams, responsible histo

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Conclusion,dominant approach has remained that of strict legality, there are several other approaches that favour a more moderate place for history-writing. These include truth and justice, right to truth and legal epistemology. Whether judges and lawyers like it or not, ICTs are epistemic engines: they are in

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Aldo Zammit Bordabodies: magnitude, rotation rates (described by their light-curves), and orbital characteristics. Part II opens with a description of the hardware and software an amateur or practical astronomer needs to observ978-1-4419-6438-0978-1-4419-6439-7Series ISSN 1611-7360 Series E-ISSN 2197-6546

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Aldo Zammit Bordabodies: magnitude, rotation rates (described by their light-curves), and orbital characteristics. Part II opens with a description of the hardware and software an amateur or practical astronomer needs to observ978-1-4419-6438-0978-1-4419-6439-7Series ISSN 1611-7360 Series E-ISSN 2197-6546