USD $297.00
Search Results
Author:
This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited capacity of international criminal courts and tribunals portends that domestic tort claims as avenues for redress of systematic human rights abuses will likely grow in number. The experiences of us courts of general jurisdiction as receivers of international criminal law instruct upon broader patterns of transnational legal migration and reveal an unanticipated extracurricular legacy of international criminal courts and tribunals.
Author:
Abstract
This chapter examines the sounds, sights, and sensibilities of international law during the Cold War. By adopting a sensory lens, this chapter disrupts the common understanding of international law during the Cold War as languishing in a period of hiatus and stagnation. This chapter proceeds through three experiential case studies rooted in a museum, in street protests, and in science fiction literature respectively. This chapter thereby touches upon the episteme (from where do we know what we know about law?) and the place of the senses in that knowledge-base, as well as method (how do the senses present a way to talk, express, experience, and construct law?). This chapter proposes a methodology central to this entire book, namely to expand the conversation about law formation and law enforcement to incorporate moments in time, sensory inputs, and the power of allegory and individual experience. And hereby lies the ‘methodology’ of this book, the methodology of this aesthetic project, through which we aim diversify how international lawyers engage with law while embracing (instead of avoiding) the salience of emotion and the centrality of sentiment.
This book unlocks the look, sound, smell, taste, and feel of justice for massive human rights abuses. Twenty-nine expert authors examine the dynamics of the five human senses in how atrocity is perceived, remembered, and condemned. This book is chockful of images. It serves up remarkably diverse content. It treks around the globe: from Pacific war crimes trials in the aftermath of the Second World War to Holocaust proceedings in contemporary Germany, France, and Israel; from absurd show trials in Communist Czechoslovakia to international courtrooms in Arusha, Phnom Penh, and The Hague. Readers embark on a journey that transcends myriad dimensions, including photographic representations of grandfatherly old torturers in Argentina, narco-trafficking in Mexico, colonialisation in India, disinformation and misinformation pixelated in cyberspace, environmental degradation in Cambodia, militarism in Northern Ireland, and civil rights activism in Atlanta. Sights, Sounds, and Sensibilities of Atrocity Prosecutions reimagines what an atrocity means, reconsiders what drives the manufacture of law, and reboots the role of courtrooms and other mechanisms in the pursuit of justice. It unveils how law translates sensory experience into its procedures and institutions, and how humanistic inputs shape perceptions of right and wrong. This book thereby offers a refreshing primer on the underappreciated role of aesthetics, time, and emotion in the world of law.
Drumbl and Fournet have done us all a great service in knitting together – in a single, powerfully imagined, volume – these essays about how we might experience the institutionalisation of judgment in atrocity trials.
– Gerry Simpson, Professor of Public International Law, LSE Law School (London).
Contributions to this volume offer a unique opportunity to delve into law’s hidden landscape using the primary reality of the five senses.
– Marina Aksenova, Assistant Professor in Comparative and International Criminal Law, IE Law School (Madrid).
Drumbl and Fournet have done us all a great service in knitting together – in a single, powerfully imagined, volume – these essays about how we might experience the institutionalisation of judgment in atrocity trials.
– Gerry Simpson, Professor of Public International Law, LSE Law School (London).
Contributions to this volume offer a unique opportunity to delve into law’s hidden landscape using the primary reality of the five senses.
– Marina Aksenova, Assistant Professor in Comparative and International Criminal Law, IE Law School (Madrid).
This book unlocks the look, sound, smell, taste, and feel of justice for massive human rights abuses. Twenty-nine expert authors examine the dynamics of the five human senses in how atrocity is perceived, remembered, and condemned. This book is chockful of images. It serves up remarkably diverse content. It treks around the globe: from Pacific war crimes trials in the aftermath of the Second World War to Holocaust proceedings in contemporary Germany, France, and Israel; from absurd show trials in Communist Czechoslovakia to international courtrooms in Arusha, Phnom Penh, and The Hague. Readers embark on a journey that transcends myriad dimensions, including photographic representations of grandfatherly old torturers in Argentina, narco-trafficking in Mexico, colonialisation in India, disinformation and misinformation pixelated in cyberspace, environmental degradation in Cambodia, militarism in Northern Ireland, and civil rights activism in Atlanta. Sights, Sounds, and Sensibilities of Atrocity Prosecutions reimagines what an atrocity means, reconsiders what drives the manufacture of law, and reboots the role of courtrooms and other mechanisms in the pursuit of justice. It unveils how law translates sensory experience into its procedures and institutions, and how humanistic inputs shape perceptions of right and wrong. This book thereby offers a refreshing primer on the underappreciated role of aesthetics, time, and emotion in the world of law.
Drumbl and Fournet have done us all a great service in knitting together – in a single, powerfully imagined, volume – these essays about how we might experience the institutionalisation of judgment in atrocity trials.
– Gerry Simpson, Professor of Public International Law, LSE Law School (London).
Contributions to this volume offer a unique opportunity to delve into law’s hidden landscape using the primary reality of the five senses.
– Marina Aksenova, Assistant Professor in Comparative and International Criminal Law, IE Law School (Madrid).
Drumbl and Fournet have done us all a great service in knitting together – in a single, powerfully imagined, volume – these essays about how we might experience the institutionalisation of judgment in atrocity trials.
– Gerry Simpson, Professor of Public International Law, LSE Law School (London).
Contributions to this volume offer a unique opportunity to delve into law’s hidden landscape using the primary reality of the five senses.
– Marina Aksenova, Assistant Professor in Comparative and International Criminal Law, IE Law School (Madrid).
Abstract
Informers in the service of state secret police collaborate with authorities and thus contribute to the power of repressive regimes. Through a case-study of Communist Czechoslovakia (1945–1989)—and drawing from secret police archives– this article presents selected stories of informers who in one way or another also ‘resisted’ collaboration with the Czechoslovak State Security (StB). By doing so, we try to further complexify the notions of ’everyday resistance’, on the one hand, and ‘collaboration’ on the other. We demonstrate that resistant acts, similar to collaborative acts, can be apolitically devoid of ideology, highly idiosyncratic, and motivated by private drivers. Informing can be a tool of social navigation—namely, making the most out of one’s circumstances—in repressive times. Hence, resisting while informing also can be approached as a method for an individual to maximize opportunities within the overlapping incentives—both public and private, personal and professional—that contour decision-making and social action in repressive regimes.
Abstract
Charged with aiding and abetting in the murder of three hundred thousand Hungarian Jews deported to Auschwitz between 16 May 1944 and 11 July 1944, Oskar Gröning, the ‘bookkeeper of Auschwitz’, was sentenced in 2015 by the Lüneburg Regional Court to four years’ imprisonment.
After a series of unsuccessful appeals, Gröning died in 2018, at the age of 96, having never spent a day in jail. This contribution unpacks the charges against Gröning and his resultant conviction; examines the involvement of elderly victims as accusers and their roles in this trial; and, ultimately, contemplates how it all ‘looked’ and ‘sounded’. The focus is thus not only on Gröning himself, but on the totality of the trial of Gröning. Throughout, this contribution gazes upon the aesthetics, acoustics, and visualities of this trial and interrogates the representational credibility of dallied proceedings that occur seventy – increasingly, eighty – years after the fact.
This chapter concludes by positing that however absurd it may seem to put a feeble old man on trial, the feebleness that oozes from not prosecuting such a man may prove even more absurd.