Chapter 14 Reconstructing the Crime: Memory, Re-enactments, and Space in Atrocity Investigations

In: Sights, Sounds, and Sensibilities of Atrocity Prosecutions
Author:
Maria Elander
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Abstract

This chapter seeks to unpack how legal reconstructions in atrocity investigations work. Reconstructions in inquisitorial systems involves gathering the accused, witnesses and victims at the site of (an alleged) crime to reconstruct and re-enact (alleged) events. In 2008, such a reconstruction was conducted as part of the investigation at the Extraordinary Chambers in the Courts of Cambodia (ECCC) with Duch, former chairman of Khmer Rouge security centre S-21. In examining the reconstruction, I seek to draw attention to the work of (international) criminal law beyond the courtroom and beyond oral testimonies. I suggest that reconstructions operate as forms of testimony that take on a particular quality that is affected by the materiality of the trauma site and bodily memories. Reconstructions are events where the senses matter.

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