Aiming Towards Responsible History in International Criminal Adjudication

Abstract

This chapter develops a normative framework for history-writing in international criminal adjudication called “responsible history”. It argues that a responsible approach to history-writing in atrocity trials involves four elements: (1) A recognition of the value of history-writing in such trials, on the basis of arguments from truth and justice, right to truth and legal epistemology. (2) Drawing on the work of Bernard Williams, responsible history also involves a commitment towards truthfulness and the virtues of accuracy and sincerity. This includes, inter alia, that judges of ICTs should adopt a pluralist approach to historical evidence to enable them to develop a more accurate understanding of the competing historical contexts. Bearing in mind the lessons from strict legality, however, the boundary line of this approach is when historical evidence verges on the extraneous (3) The historical narratives that judges of ICTs write in their judgments should be self-disruptive and should demonstrate an awareness of their limitations and possible blind spots. And, finally, (4) a “responsible” approach to history in international criminal adjudication should reflect a recognition that, far from being the last word, parts of such historical narratives should be viewed as discursive beginnings that will continue to be reinterpreted in the future.