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Writing History in International Criminal Trials
Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted 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. 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 mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct 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.
Incitement on Trial
This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
Human Rights in the 'War on Terror'
This book reviews the war on terror since 9/11 from a human rights perspective.
Culture and Rights
Part I: Setting universal rights
The Politics of Truth and Reconciliation in South Africa
The South African Truth and Reconciliation Commission (TRC) was set up to deal with the human rights violations of apartheid during the years 1960-1994. However, as Wilson shows, the TRC's restorative justice approach to healing the nation did not always serve the needs of communities at a local level. Based on extended anthropological fieldwork, this book illustrates the impact of the TRC in urban African communities in Johannesburg. While a religious constituency largely embraced the commission's religious-redemptive language of reconciliation, Wilson argues that the TRC had little effect on popular ideas of justice as retribution. This provocative study deepens our understanding of post-apartheid South Africa and the use of human rights discourse. It ends on a call for more cautious and realistic expectations about what human rights institutions can achieve in democratizing countries.
Human Rights in Global Perspective
In the West we frequently pay lip service to universal notions of human rights. But do we ever consider how these work in local contexts and across diverse cultural and ethical structures? Do human rights agendas address the problems many people face, or are they more often the imposition of Western values onto largely non-Western communities? Human Rights in a Global Perspective develops a social critique of rights agendas. It provides an understanding of how rights discussions and institutions can construct certain types of subjects such as victims and perpetrators, and certain types of act, such as common crimes and crimes against humanity. Using examples from the United States, Europe, India and South Africa, the authors restore the social dimension to rights processes and suggest some ethical alternatives to current practice.
In the Name of Humanity
Collection of essays that consider how humanity--as a social, ethical, and political category--is produced through particular governing techniques and in turn gives rise to new forms of government.
Humanitarianism and Suffering
"While humanitarianism is clearly political, Humanitarianism and Suffering addresses the ways in which it is also an ethos embedded in civil society, one that drives secular and religious social and cultural movements, not just legal and political institutions." --Book Jacket.
Necropolitics
This remarkable book demonstrates through in-depth case studies from ten countries around the world how the forensic exhumation of mass graves is inextricably intertwined with grassroots initiatives, national political developments, international human rights advocacy, and transnational claims of transitional justice.
Human Rights, Culture and Context
Drawing on case studies from around the world - including Iran, Guatemala, USA and Mexico - this collection documents how transnational human rights discourses and legal institutions are materialised, imposed, resisted and transformed in a variety of contexts.
