Sights, Sounds, and Sensibilities of Atrocity Prosecutions.
This book explores how international criminal justice interacts with the human senses - sight, sound, smell, taste, and touch - when it comes to perceiving mass atrocity and thereafter holding perpetrators accountable.
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Superior document: | Studies in International Criminal Law Series ; v.06 |
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TeilnehmendeR: | |
Place / Publishing House: | Boston : : BRILL,, 2024. ©2024. |
Year of Publication: | 2024 |
Edition: | 1st ed. |
Language: | English |
Series: | Studies in International Criminal Law Series
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Physical Description: | 1 online resource (558 pages) |
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Table of Contents:
- Front Cover
- Half Title
- Series Information
- Title Page
- Copyright Page
- Contents
- Acknowledgements
- Figures
- Notes on Contributors
- Introduction
- 1 Genealogy: Coming of Age to Here and Now
- 2 Looking Intensely at Simulation, Translation, and Projection
- 3 A Note on Aesthetics
- 4 This Book: Structure, Threads, and Themes
- 4.1 Part 1 Shows and Cases: Showcasing(s) in the Courtroom
- 4.2 Part 2 Translating the Senses into Law and Judgment
- 4.3 Part 3 Filtering the Sensory: Language, Evidence, Culture, and Procedure
- 4.4 Part 4 Staging, Re-enactment, Film
- 4.5 Part 5 Sensibility Divides: North-South, Imperial-Colonized, State-Society
- 4.6 Part 6 Reflections on Aesthetics and Methods
- 5 Closing While Opening
- Part 1 Shows and Cases: Showcasing(s) in the Courtroom
- Chapter 1 Optical Allusions, Indecency, and Injustice in the Trial of Japanese War Criminals
- 1 Introduction
- 2 Once Were Warriors? Here Be Dragons?
- 3 Aesthetical Disorder, Allegorical Dissonance
- 4 Over Promise, Under Deliver
- 5 Conclusion: Time, a Wasting
- Acknowledgements
- Chapter 2 'The Show Must Go On': : The Trials and Tribulations of Ludmila Brožová-Polednová
- 1 Introduction
- 2 The Rise and Fall of Communists in Czechoslovakia
- 3 Ludmila Brožová-Polednová: Actress, Prosecutor and Criminal
- 4 Ludmila's 'Role' of a Lifetime
- 5 Ludmila's 'Finale'
- 6 Conclusion: Show Trials Then and Now
- Acknowledgements
- Chapter 3 Atrocity Then, Trial Now: : The Aesthetics, Acoustics, and Visualities of Prosecuting Oskar Gröning
- 1 Introduction
- 2 Prosecuting 'the Small Cog in the Gears'
- 2.1 Gröning: The 'Bookkeeper' of Auschwitz
- 2.2 Gröning after Demjanjuk
- 2.3 Gröning on Trial
- 3 The Visualities and Vocalities of Gröning's Trial
- 4 A Tale of Three Accusers, and Their Differences.
- 5 Concluding by Counterfactual: The Aesthetics of Silence amid Bee-Keeping and Book-Keeping
- Acknowledgements
- Chapter 4 Performing Justice: The Trial of Bruno Dey and Its Protagonists
- 1 Introduction and Methodology
- 2 Background
- 3 The Director
- 4 Villain or Victim?
- 5 The Heroes
- 6 Hidden Protagonists
- 7 The Extras
- 8 Conclusion
- 9 Epilogue
- Part 2 Translating the Senses into Law and Judgment
- Chapter 5 Does Music Create Killers?: The Role of Music in the Commission of Violent Crimes
- 1 Introduction
- 2 Marching Drums
- 2.1 Music as a Stimulator of Courage and Perseverance
- 2.2 Musical Sadism
- 3 A 'One-Man-Army'
- 3.1 Breivik's Musical Influences: 'The Best and Most Talented Patriotic Musician'
- 3.2 In Preparation to 'Fight'
- 3.2.1 Building Confidence and Suppression of Fear
- 3.2.2 Conditioning Body and Mind
- 4 Music on Trial at the ICTR
- 4.1 The 'Offending' Songs
- 5 Conclusion
- Chapter 6 The Stench of Death: The Olfactory of Genocide in International Criminal Trials
- 1 Introduction
- 2 Smell as a Lower Sense
- 3 Olfactory Testimonies of Genocide
- 4 The Stench of Decomposition: Memories of Rotting Bodies
- 5 A Lingering and Persisting Stench
- 6 Power and Killing at Roadblocks
- 7 Hiding from the Génocidaires
- 8 Killings at Hospitals
- 9 Fear of Contamination and Epidemics
- 10 Stench as a Legal Element
- 10.1 A Tug of War between Visual and Olfactory Impressions
- 10.2 Ignoring Stench as Incitement to Genocide?
- 11 Killings in Churches
- 12 '[I]t Was a Study of Horror'
- 12.1 Smoking Cigars in UNAMIR Helicopters
- 12.2 A Constant Flow of Bodies
- 13 Few and Far between: Prosecutorial References to Stench
- 14 Smelling Dirty: Stench Unrelated to Death
- 15 Implications of Stench on Reconciliation
- 16 Conclusion.
- Chapter 7 The Sound and Taste of Atrocities: From Cambodia in the 1970s to Bosnia and Herzegovina in the 1990s
- 1 Introduction
- 2 Adducing Witness Testimony
- 3 Setting the Cases in their Historical Context
- 4 The Significance of the Sound and Taste of Atrocities
- 4.1 Proving Murder, Extermination, and Genocide: Revolutionary Music and the Sound of Silence
- 4.2 Proving Persecution: Eating of Pork and Nationalistic Songs
- 4.3 Proving Terrorisation and Forcible Transfer: The Screams of a Slaughtered Pig
- 4.4 Proving Individual Criminal Responsibility
- 5 Sensory Interference: Memory and Time, Language and Interpretation
- 5.1 Memory and Time: Assessing Credibility and Weighing Testimony
- 5.2 Language and Interpretation
- 6 Conclusion
- Chapter 8 The Age-Impunity Rhetoric in Trials for Crimes Committed during the Argentine Genocide (1975-1983)
- 1 Introduction
- 2 Rhetoric of Age-Impunity from the Unseen
- 3 Rhetoric Age-Impunity from the Seen: The Formula of Martyrdom
- 4 Rhetoric Age-Impunity from the Unseen
- 5 Conclusion
- Part 3 Filtering the Sensory: Language, Evidence, Culture, and Procedure
- Chapter 9 Sounds of Atrocity Prosecutions: Intersubjective Interpreting as a Key Ingredient for Effective and Fair Trials in Multilingual and Multicultural War Crimes Courtrooms
- 1 Introduction
- 2 Identifying Sources of Poor Intersubjectivity in Multilinguistic and Multicultural Trials
- 3 Thinking Differently in Different Languages: Biases Affecting the Quality of Intersubjectivity
- 4 Different Interpretation Standards Produce Different Sounds of Atrocity Prosecutions
- 5 Language Rights, Intersubjectivity and Effective Fair Trial Guarantees
- 6 Conclusion
- Chapter 10 The Mind's Eye: The Invisibility of Culture in Individual Criminal Responsibility
- 1 Introduction
- 2 Culture in International Criminal Trials.
- 3 The Constitutive Role of Culture in Individual Culpability
- 4 Using Culture to (De)Construct the Defendant
- 5 Conclusions
- Chapter 11 Versions of the Truth: Disinformation and Prosecuting Atrocities
- 1 Introduction
- 2 Digital Evidence and Manipulation
- 3 Sights: Can We Believe Our Eyes?
- 4 Authenticity, Voices and Visuals
- 5 In the Minds of Judges
- 6 Sounds of Evidence
- 7 Humanity and the Machine
- 8 Conclusion
- Chapter 12 Putting Things in Play: The Spectacle of Criminal Justice
- 1 Introduction
- 2 Artistic International Law
- 2.1 The Turn to Aesthetics
- 2.2 Trials as Theatre
- 3 Representation at Trial
- 4 Putting Things in Play
- 5 Conclusion
- Part 4 Staging, Re-enactment, Film
- Chapter 13 A Trial without a Defendant: The Mock Trial of Dr. Josef Mengele in Jerusalem
- 1 Introduction
- 2 The State of Israel vs. Josef Mengele: A Public Hearing or a Quasi-criminal Proceeding?
- 3 'A Reminder Shall Come out of Jerusalem'
- 4 'I Swore to My Mother That One Day, I Would Take Revenge on Dr. Mengele'
- 5 Conclusion
- Acknowledgements
- Chapter 14 Reconstructing the Crime: : Memory, Re-enactments, and Space in Atrocity Investigations
- 1 Introduction
- 2 Reconstructions in Law
- 3 Materiality: Walking through the Site
- 4 Testimony in Words and Body
- 5 Creating Evidence for the Future
- 6 Conclusion
- Acknowledgements
- Chapter 15 Staging Atrocity Prosecutions: Re-enactments and Pre-enactments of Atrocity Trials in Theatre
- 1 Introduction
- 2 Peter Weiss: Die Ermittlung. Oratorium in 11 Gesängen (1965)
- 3 Milo Rau: The Congo Tribunal (2015)
- 4 Rainald Goetz: Reich des Todes (2020)
- 5 Conclusion
- Chapter 16 Entertaining Selectivity: 'Narcos', Netflix, and International Crimes
- 1 Introduction: Entertaining Selectivity and Entertaining Images.
- 2 Theoretical Footholds: Translating between Culture, Crime, and Law
- 2.1 The Translation of Ideas across Epistemological Boundaries
- 2.2 Cultural Criminology
- 3 Reflections of Selectivity in Narco-entertainment
- 3.1 What Is the 'War on Drugs'? What Is a 'Drug War'?
- 3.2 'Child-Soldiers' and 'Cartels'
- 3.3 'Armed Attack' by 'Organized Groups'
- 4 Conclusion: Narco-culture, Entertainment, Politics and Criminal Justice
- Acknowledgements
- Part 5 Sensibility Divides: North-South, Imperial-Colonized, State-Society
- Chapter 17 Hearing Voices: Victim and Witness Demographics at the International Criminal Court
- 1 Introduction
- 2 Demographics and the Evolving Role of Victims and Witnesses in the ICC's Proceedings
- 2.1 Witnesses
- 2.2 Victims
- 3 The Significance of Victim and Witness Demographics for the Goals of International Criminal Justice
- 3.1 Fact-Finding and History-Telling
- 3.2 Expressivism
- 3.3 Restorative Justice
- 4 Whose Voices Are Heard?
- 5 Reconciling Publication of Data with Victim and Witness Protection
- 6 Conclusion
- Chapter 18 Ugly Atrocities, Cathartic Prosecutions: International Criminal Law as Emotional Salve
- 1 Introduction
- 2 Horrific Atrocities
- 3 Cathartic Prosecutions
- 4 Concluding Thoughts
- Chapter 19 Appropriating Sovereignty through Trials: British Imperial Expansion and Staging of Oppression through Law
- 1 Introduction
- 2 Zafar, 'a Beast in a Cage': The Person
- 2.1 Zafar's Role in the Revolt
- 2.2 Zafar's Arrest
- 3 Red Fort: The Place
- 4 'A Solemn Farce': The Trial
- 5 Afterwards and Afterwords: Zafar in 'Our' Memory
- 6 Trial of Tikendrajit Singh: Contrast and Continuity
- 7 Conclusion
- Acknowledgements
- Chapter 20 'Protecting the Environment Is Not Illegal': Ecological Activism, the Visualities of Law and Justice, and the Land Concession Crisis in Cambodia.
- 1 Introduction.