Pub Date : 2021-11-02DOI: 10.1163/15718123-bja10089
Shannon Fyfe
Theories of negative aesthetics claim that some aesthetic qualities like disgust, ugliness, and repulsiveness are instrumentally valuable, and can be justified as a necessary means to producing what might be considered an ultimately positive aesthetic experience. In an international criminal trial, the presentation of “ugly” visual and oral evidence may be justified in service of the aims of the trial. But when the “barely alive” are prosecuted, however, a justification for a negative aesthetic experience may not exist. In this paper, I argue that due to their vulnerability and the need to protect their dignity, individuals who have been accused of mass atrocity crimes but who are nearing the end of their lives should generally not be subjected to public trial and punishment. The negative aesthetic experiences generated by displaying someone close to death in that setting cannot be justified by positive aesthetic or moral experiences.
{"title":"Negative Aesthetic Experiences of Prosecuting the Barely Alive","authors":"Shannon Fyfe","doi":"10.1163/15718123-bja10089","DOIUrl":"https://doi.org/10.1163/15718123-bja10089","url":null,"abstract":"\u0000Theories of negative aesthetics claim that some aesthetic qualities like disgust, ugliness, and repulsiveness are instrumentally valuable, and can be justified as a necessary means to producing what might be considered an ultimately positive aesthetic experience. In an international criminal trial, the presentation of “ugly” visual and oral evidence may be justified in service of the aims of the trial. But when the “barely alive” are prosecuted, however, a justification for a negative aesthetic experience may not exist. In this paper, I argue that due to their vulnerability and the need to protect their dignity, individuals who have been accused of mass atrocity crimes but who are nearing the end of their lives should generally not be subjected to public trial and punishment. The negative aesthetic experiences generated by displaying someone close to death in that setting cannot be justified by positive aesthetic or moral experiences.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49532272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-02DOI: 10.1163/15718123-bja10090
Renske Vos, S. Stolk
Although at least some of the concern with prosecuting aged defendants seems to lie with defendants not quite looking the part, reviews of historic Court buildings come out the other end with allusions to eminence, authenticity, tradition, history and gravitas. Exemplary is the Courtroom 600 Project, a vr experience of the Nuremberg Trials set in a virtual rendition of the Palace of Justice in Nuremberg. Courtroom 600 remains today one of the major material referents in the histories of international law, representing the symbolic birthplace of International Criminal Law. The attraction of the Court moreover is such that the building has come to offer, as we would say, a legal sightseeing point of interest. In this piece, we pick up on the Courtroom 600 Project as capitalising on the interest with visiting the place ‘where it happened’, and pushing the boundaries of experiencing ‘being there’, where it happened.
{"title":"Courtroom 600: The (Virtual) Reality of Being There","authors":"Renske Vos, S. Stolk","doi":"10.1163/15718123-bja10090","DOIUrl":"https://doi.org/10.1163/15718123-bja10090","url":null,"abstract":"\u0000Although at least some of the concern with prosecuting aged defendants seems to lie with defendants not quite looking the part, reviews of historic Court buildings come out the other end with allusions to eminence, authenticity, tradition, history and gravitas. Exemplary is the Courtroom 600 Project, a vr experience of the Nuremberg Trials set in a virtual rendition of the Palace of Justice in Nuremberg. Courtroom 600 remains today one of the major material referents in the histories of international law, representing the symbolic birthplace of International Criminal Law. The attraction of the Court moreover is such that the building has come to offer, as we would say, a legal sightseeing point of interest. In this piece, we pick up on the Courtroom 600 Project as capitalising on the interest with visiting the place ‘where it happened’, and pushing the boundaries of experiencing ‘being there’, where it happened.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42503176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-02DOI: 10.1163/15718123-bja10109
Demetra F. Sorvatzioti
The International Criminal Court appears to have adopted a sui generis legal framework which favours the oldest features of both the common law and the continental law. Historically, the common law and continental legal systems have conceived questions of evidence and proof differently. Therefore, modes of judicial thinking are also different. The continental approach in the Bemba case freely evaluated the evidence. The common law approach evaluated the evidence against the burden of proof. Even though free evaluation may assist the truth-seeking mission of the Court on admissibility, the decision at the end of the trial requires rigorous evaluation only against the burden of proof. The common law of evidence provides a judicial thinking process for evaluating evidence, but free evaluation does not. This paper addresses whether the icc should develop its own evidence law to provide a route of rigorous judicial thinking when weighing evidence at the deliberation phase.
{"title":"Free Evaluation of Evidence: Does the icc need a Law of Evidence?","authors":"Demetra F. Sorvatzioti","doi":"10.1163/15718123-bja10109","DOIUrl":"https://doi.org/10.1163/15718123-bja10109","url":null,"abstract":"\u0000The International Criminal Court appears to have adopted a sui generis legal framework which favours the oldest features of both the common law and the continental law. Historically, the common law and continental legal systems have conceived questions of evidence and proof differently. Therefore, modes of judicial thinking are also different. The continental approach in the Bemba case freely evaluated the evidence. The common law approach evaluated the evidence against the burden of proof. Even though free evaluation may assist the truth-seeking mission of the Court on admissibility, the decision at the end of the trial requires rigorous evaluation only against the burden of proof. The common law of evidence provides a judicial thinking process for evaluating evidence, but free evaluation does not. This paper addresses whether the icc should develop its own evidence law to provide a route of rigorous judicial thinking when weighing evidence at the deliberation phase.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46151976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.1163/15718123-bja10095
Barbora Holá, T. Bouwknegt
This article treks through the timeworn remnants of Czechoslovakia’s Communist forced and correctional labour uranium camps in the Ore Mountains in the northwest Bohemian region of Jáchymov. These camps held tens of thousands of detainees, largely political prisoners convicted in sham trials or individuals sent there for re-education. Conditions were deplorable. Throughout the 1950s, the young Czechoslovak Communist regime compelled detainees to hard, life threatening labour and subjected them to maltreatment and arbitrary violence. This article traces some of the visible, invisible or overgrown artefacts of the former camps, as well as public as private memories about what happened there. It reflects on the current memoryscape of these forgotten places of human suffering and describes the aesthetics of these aging sites of atrocity.
{"title":"‘Jáchymov’s Hell’: Trekking in the Memoryscape of Czechoslovakia’s Communist Forced Labour Camps","authors":"Barbora Holá, T. Bouwknegt","doi":"10.1163/15718123-bja10095","DOIUrl":"https://doi.org/10.1163/15718123-bja10095","url":null,"abstract":"\u0000This article treks through the timeworn remnants of Czechoslovakia’s Communist forced and correctional labour uranium camps in the Ore Mountains in the northwest Bohemian region of Jáchymov. These camps held tens of thousands of detainees, largely political prisoners convicted in sham trials or individuals sent there for re-education. Conditions were deplorable. Throughout the 1950s, the young Czechoslovak Communist regime compelled detainees to hard, life threatening labour and subjected them to maltreatment and arbitrary violence. This article traces some of the visible, invisible or overgrown artefacts of the former camps, as well as public as private memories about what happened there. It reflects on the current memoryscape of these forgotten places of human suffering and describes the aesthetics of these aging sites of atrocity.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47481745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.1163/15718123-bja10108
A. Nagy
The establishment of the Kosovo Specialist Chambers as a local war crimes court is coming as a challenge to the overall authority and jurisdiction claimed by the International Criminal Court. These two courts are at the same time divided and connected in so many aspects. Kosovo war crimes have been dealt in the past by icty, unmik, eulex courts and now a specially made ksc. The ksc as being a local court is still practically having above it the icty and the Mechanism which inherited the icty but also the possible application of the icc. We will compare the ksc to other courts having local jurisdiction in Kosovo with an aim to understand if the ksc is an exception or a rule from now on in certain post-conflict societies. The exclusion of the icc from adjudicating in Kosovo is a challenge and potential solution to other post-conflict societies, and they can apply its various forms and practices and overall ignore the icc in the future. Although icc is the only international criminal court it is not the only specialised court dealing with war crimes now. The ksc and icc overall struggle for jurisdiction have been also shadowed by the global political struggle for primacy, leaving these and many other local and international institutions without a real power, functioning in a framework of and for various political aims. The special characteristics and mandate ksc has makes it worth researching in order to better understand the icc and the overall understanding of International War Crimes courts/Tribunal worldwide today and in the future.
{"title":"Kosovo Specialist Chambers Jurisdiction and the International Criminal Court","authors":"A. Nagy","doi":"10.1163/15718123-bja10108","DOIUrl":"https://doi.org/10.1163/15718123-bja10108","url":null,"abstract":"\u0000The establishment of the Kosovo Specialist Chambers as a local war crimes court is coming as a challenge to the overall authority and jurisdiction claimed by the International Criminal Court. These two courts are at the same time divided and connected in so many aspects. Kosovo war crimes have been dealt in the past by icty, unmik, eulex courts and now a specially made ksc. The ksc as being a local court is still practically having above it the icty and the Mechanism which inherited the icty but also the possible application of the icc. We will compare the ksc to other courts having local jurisdiction in Kosovo with an aim to understand if the ksc is an exception or a rule from now on in certain post-conflict societies. The exclusion of the icc from adjudicating in Kosovo is a challenge and potential solution to other post-conflict societies, and they can apply its various forms and practices and overall ignore the icc in the future. Although icc is the only international criminal court it is not the only specialised court dealing with war crimes now. The ksc and icc overall struggle for jurisdiction have been also shadowed by the global political struggle for primacy, leaving these and many other local and international institutions without a real power, functioning in a framework of and for various political aims. The special characteristics and mandate ksc has makes it worth researching in order to better understand the icc and the overall understanding of International War Crimes courts/Tribunal worldwide today and in the future.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47298502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.1163/15718123-bja10096
Hadar Aviram
In this article I rely on 50 years’ worth of parole hearing transcripts in the Manson family cases to argue that, on parole, the embodiment of aging is treated evasively and with hostility by the parole board. The parole board’s difficulty to reconcile the applicant’s youthful and violent past with their aging, frail present, almost always results in a rejection of the embodied present and future—and of parole. Following an explanation of the California parole process, emphasizing the role that time and aging plays in its different stages, I analyze Susan Atkins’ last parole hearing as an example. To show the general implications of the analysis, and its disastrous consequences for public health, I place the argument in the context of California’s covid-19 prison crisis.
{"title":"A Table Before Me in the Presence of My Enemies: Susan Atkins and the Embodiment of Aging and Frailty on Parole","authors":"Hadar Aviram","doi":"10.1163/15718123-bja10096","DOIUrl":"https://doi.org/10.1163/15718123-bja10096","url":null,"abstract":"\u0000In this article I rely on 50 years’ worth of parole hearing transcripts in the Manson family cases to argue that, on parole, the embodiment of aging is treated evasively and with hostility by the parole board. The parole board’s difficulty to reconcile the applicant’s youthful and violent past with their aging, frail present, almost always results in a rejection of the embodied present and future—and of parole. Following an explanation of the California parole process, emphasizing the role that time and aging plays in its different stages, I analyze Susan Atkins’ last parole hearing as an example. To show the general implications of the analysis, and its disastrous consequences for public health, I place the argument in the context of California’s covid-19 prison crisis.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41673304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.1163/15718123-bja10102
M. Drumbl, C. Fournet
The prosecution—whether domestic or international—of international crimes and atrocities may implicate extremely aged defendants. Much has been written about the legalisms that inhere (or not) in trying these barely alive individuals. Very little however has been written about the aesthetics the barely alive encrust into the architecture of courtrooms, the optics these defendants suffuse into the trial process, and the expressive value of punishing them. This is what we seek to do in this project.
{"title":"The Visualities and Aesthetics of Prosecuting Aged Defendants","authors":"M. Drumbl, C. Fournet","doi":"10.1163/15718123-bja10102","DOIUrl":"https://doi.org/10.1163/15718123-bja10102","url":null,"abstract":"\u0000The prosecution—whether domestic or international—of international crimes and atrocities may implicate extremely aged defendants. Much has been written about the legalisms that inhere (or not) in trying these barely alive individuals. Very little however has been written about the aesthetics the barely alive encrust into the architecture of courtrooms, the optics these defendants suffuse into the trial process, and the expressive value of punishing them. This is what we seek to do in this project.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44348952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-21DOI: 10.1163/15718123-bja10091
Aman Kumar
This paper brings the 1858 trial of 82 years old Mughal Emperor Bahadur Shah Zafar into the mainstream international law. It discusses the aesthetical aspects of Zafar’s trial, who was tried as a British Subject, despite being the Indian sovereign. The paper argues that the trial was used as a tool to colonise India. It also points out the treatment given to Zafar post his arrest, when he was displayed to the Europeans ‘like a beast in a cage’. It highlights the confusing nature of the trial which was, at times, presented as an enquiry. Moreover, it tells Zafar’s story from his point of view. The paper also highlights the blind-spots in the subject of international law where Zafar’s trial finds no mention. It provokes readers to question their understanding of colonialism by pointing out the well-known nature of trial of Warren Hastings, but the obscurity surrounding Zafar’s trial.
{"title":"Trial as a Tool of Colonialism: The 1858 Trial of Mughal Emperor Bahadur Shah Zafar","authors":"Aman Kumar","doi":"10.1163/15718123-bja10091","DOIUrl":"https://doi.org/10.1163/15718123-bja10091","url":null,"abstract":"\u0000This paper brings the 1858 trial of 82 years old Mughal Emperor Bahadur Shah Zafar into the mainstream international law. It discusses the aesthetical aspects of Zafar’s trial, who was tried as a British Subject, despite being the Indian sovereign. The paper argues that the trial was used as a tool to colonise India. It also points out the treatment given to Zafar post his arrest, when he was displayed to the Europeans ‘like a beast in a cage’. It highlights the confusing nature of the trial which was, at times, presented as an enquiry. Moreover, it tells Zafar’s story from his point of view. The paper also highlights the blind-spots in the subject of international law where Zafar’s trial finds no mention. It provokes readers to question their understanding of colonialism by pointing out the well-known nature of trial of Warren Hastings, but the obscurity surrounding Zafar’s trial.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49229212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-19DOI: 10.1163/15718123-bja10106
Luigi Prosperi
{"title":"Aldo Zammit Borda, Histories Written by International Criminal Courts and Tribunals. Developing a Responsible History Framework","authors":"Luigi Prosperi","doi":"10.1163/15718123-bja10106","DOIUrl":"https://doi.org/10.1163/15718123-bja10106","url":null,"abstract":"","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48254575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-15DOI: 10.1163/15718123-bja10087
Lior Zylberman, A. Taboada
Since the reopening of the trials for the crimes committed by the last military dictatorship, new aspects have emerged on the scene, one of them being the age-impunity rhetoric. In its visual dimension, we understand this rhetoric to mean the representation of the perpetrators that has been taking shape in recent years, enabling them to be exempted from guilt and responsibility for the crimes committed by virtue of their advanced age. We argue that the visual configures a certain aesthetic that provides a scaffolding for impunity and its naturalization. In order to enter into the construction of this representation, we will put in tension the pair seen-unseen through photographs and editorials in the written press.
{"title":"The Age-Impunity Rhetoric in Trials for Crimes Committed during the Argentinian Genocide (1975–1983)","authors":"Lior Zylberman, A. Taboada","doi":"10.1163/15718123-bja10087","DOIUrl":"https://doi.org/10.1163/15718123-bja10087","url":null,"abstract":"\u0000Since the reopening of the trials for the crimes committed by the last military dictatorship, new aspects have emerged on the scene, one of them being the age-impunity rhetoric. In its visual dimension, we understand this rhetoric to mean the representation of the perpetrators that has been taking shape in recent years, enabling them to be exempted from guilt and responsibility for the crimes committed by virtue of their advanced age. We argue that the visual configures a certain aesthetic that provides a scaffolding for impunity and its naturalization. In order to enter into the construction of this representation, we will put in tension the pair seen-unseen through photographs and editorials in the written press.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47118547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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