xiv, 257 pages : illustrations ; 23 cm
9780521198851 hardback 0521198852 hardback 9780521138314 paperback 0521138310 paperback
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 231-244) and index.
Formatted Contents Note
Assessing court histories of mass crimes What does "international" actually mean for international criminal trials? Contrasting evidence: international and common law approaches to expert testimony Does history have any legal relevance in international criminal trials? From monumental history to microhistories Exoneration and mitigation in defense histories Misjuding Rwandan society and history at the International Criminal Tribunal for Rwanda Permanent justice: the International Criminal Court Conclusion: New directions in international criminal trials.
K5301 .W553 2011
New York : Cambridge University Press, 2011.