Suchergebnisse

Cet article présente, à travers l'analyse d'entretiens menés avec dix-huit personnes jugées par le Tribunal pénal international pour l'ex-Yougoslavie (TPIY), le vécu et la perception du parcours judiciaire international, en se concentrant particulièrement sur la dimension procédurale (ou justice procédurale ) de leur expérience. Il met en exergue l'importance de l'absence de contrôle dans le processus ainsi que le traitement réservé aux accusés et ce que ces perceptions, dans leurs reconstructions discursives de leurs parcours de justice, reflètent en termes de différentiels de pouvoir et d'enjeux identitaires. Face à un espoir de participer activement à une justice inclusive, leurs discours révèlent la volonté de se positionner en rejet du jeu procédural auquel ils sont soumis et plusieurs formes de résistances apparaissent.

AbstractDespite the growing attention being paid to "victims" in the framework of criminal proceedings, this attention does not seem to be meeting their needs under either national criminal justice systems or the international regime. In the latter, the difficulties encountered by the victims are aggravated by factors specifically arising from the prosecution and punishment of mass crimes at international level. This has prompted the authors to point out that the prime purpose of criminal law is to convict or acquit the accused, and to suggest that the task of attending to the victims should perhaps be left to other entities.

This study explores discourses about involvement in violent intergroup conflict and international crimes from the perspective of perpetrators. Through a critical discourse analysis of 12 personal interviews carried out with individuals accused by the International Criminal Tribunal for the Former Yugoslavia (ICTY) for crimes committed during the Yugoslav conflicts, we uncover how their discourse reveals conceptions of lacking agency and powerlessness during the conflict, how it reconstructs power relationships within and between ethnic groups, and how it reflects identity management strategies destined to elude blame and responsibility. Our findings demonstrate how discourses are tainted by the legitimizing framework in which the conflict unfolded but also how they are shaped by the particular context of the communicative situation. Findings are discussed in terms of their significance for international criminal justice and its stated objectives.

This study explores discourses about involvement in violent intergroup conflict and international crimes from the perspective of perpetrators. Through a critical discourse analysis of 12 personal interviews carried out with individuals accused by the International Criminal Tribunal for the Former Yugoslavia (ICTY) for crimes committed during the Yugoslav conflicts, we uncover how their discourse reveals conceptions of lacking agency and powerlessness during the conflict, how it reconstructs power relationships within and between ethnic groups, and how it reflects identity management strategies destined to elude blame and responsibility. Our findings demonstrate how discourses are tainted by the legitimizing framework in which the conflict unfolded but also how they are shaped by the particular context of the communicative situation. Findings are discussed in terms of their significance for international criminal justice and its stated objectives.

Enforced disappearance (ED) not only affects the persons who are deprived of their liberty, but also their next of kin who do not know what happened to their loved one. Their suffering of not knowing has been coined as "ambiguous loss" within psycho-social scholarship and is regarded in law as a form of inhumane treatment which violates the prohibition of torture. ED is attached to a complex experience of victimhood in victims they struggle for social and political recognition of the injustices they suffered.Using the social science notions of "victimhood" and "recognition" on one hand, and the legal perspectives on the other hand, we address the knowledge gap remaining regarding the interactions of the two viewpoints on the issue of ED. For this paper, we carried out a multidisciplinary analysis of the iterative relationship between both perspectives looking at the historical development of the legal landscape and interviewing victims and search actors in the cases of Colombia and El Salvador. We aim to understand the meanings of recognition and victimhood for victims in Colombia and El Salvador against the backdrop of the legal frameworks and state responses they are subjected to. This analysis offers us also valuable insight into victims' agency and the meanings they afford to victimhood, as well as how political and social constructions of victimhood may facilitate or hinder victims' struggles for truth and justice.

Enforced disappearance (ED) not only affects the persons who are deprived of their liberty, but also their next of kin who do not know what happened to their loved one. Their suffering of not knowing has been coined as "ambiguous loss" within psycho-social scholarship and is regarded in law as a form of inhumane treatment which violates the prohibition of torture. ED is attached to a complex experience of victimhood in victims they struggle for social and political recognition of the injustices they suffered.Using the social science notions of "victimhood" and "recognition" on one hand, and the legal perspectives on the other hand, we address the knowledge gap remaining regarding the interactions of the two viewpoints on the issue of ED. For this paper, we carried out a multidisciplinary analysis of the iterative relationship between both perspectives looking at the historical development of the legal landscape and interviewing victims and search actors in the cases of Colombia and El Salvador. We aim to understand the meanings of recognition and victimhood for victims in Colombia and El Salvador against the backdrop of the legal frameworks and state responses they are subjected to. This analysis offers us also valuable insight into victims' agency and the meanings they afford to victimhood, as well as how political and social constructions of victimhood may facilitate or hinder victims' struggles for truth and justice.

Frontmatter -- CONTENTS -- Introduction: On History, Historians, and Transitional Justice / Adler, Nanci -- Part I: The complex relationship between truth and justice -- 1. Swinging the Pendulum: Fin-de-Siècle Historians in the Courts / Petrović, Vladimir -- 2. Time, Justice, and Human Rights: Statutory Limitation on the Right to Truth? / Schabas, William A. -- 3. How Truth Recovery Can Benefit from a Conditional Amnesty / Sarkin, Jeremy -- 4. New Epistemologies for Confronting International Crimes: Developing the Information, Dialogue, and Process (IDP) Approach to Transitional Justice / Parmentier, Stephan / Rauschenbach, Mina / Craen, Maarten van -- Part II: The narrative of the trial record -- 5. The Spark for Genocide? Propaganda and Historical Narratives at International Criminal Tribunals / Wilson, Richard Ashby -- 6. The International Criminal Trial Record as Historical Source / Bouwknegt, Thijs B. -- Part III: The afterlife of transitional justice processes -- 7. Narrating (In)Justice in the Form of a Reparation Claim: Bottom-Up Reflections on a Postcolonial Setting—The Rawagede Case / Immler, Nicole L. -- 8. Collective and Competitive Victimhood as Identity in the Former Yugoslavia / Nielsen, Christian Axboe -- 9. Perpetrator-Victims: How Universal Victimhood in Cambodia Impacts Transitional Justice Measures / Williams, Timothy -- 10. Collective Crimes, Collective Memory, and Transitional Justice in Bangladesh / Anderson, Kjell -- Acknowledgments -- Notes on Contributors -- Index