Doing Justice to History

Abstract

As communities—both local and international—have struggled to make sense of mass atrocity situations, expectations have increasingly been placed on international criminal courts to render authoritative historical accounts of the episodes of mass violence that fall within their purview. Taking these expectations as its point of departure, Doing Justice to History seeks to understand international criminal courts through the prism of their historical function—critically examining how such courts confront the past by constructing historical narratives concerning both the culpability of the accused on trial and the broader mass atrocity contexts in which they are alleged to have participated. The book argues that international criminal courts are host to struggles for historical justice, discursive contests between different actors vying for judicial acknowledgement of their preferred interpretations of the past. By examining these struggles within different institutional settings, the book surfaces the legitimating qualities of international criminal judgments—illuminating, in particular, what tends to be foregrounded and included within, as well as marginalised and excluded from, the narratives of international criminal courts in practice. What emerges from this account is a sense of the significance of thinking about the emancipatory limits and possibilities of international criminal courts in terms of the historical narratives that are constructed and contested both within and beyond the courtroom in different institutional and societal contexts.