1: Introduction
2: The Struggle for Historical Justice
3: The Prosecutorial Targets Question
4: The Crime Question
5: The Culpability Question
6: Beyond the Purview of International Criminal Judgments
7: Historical Narrative Pluralism Within and Beyond International
Criminal Courts
8: Conclusion
Select Bibliography
Barrie Sander is Assistant Professor of International Justice at
the Faculty of Governance and Global Affairs at Leiden University.
He has written extensively in the field of international criminal
law, as well as on governance challenges at the intersection of
digital technology and international law. In 2019, his article,
'History on Trial: Historical Narrative Pluralism Within and Beyond
International Criminal Courts', was awarded the Young Scholar Prize
by
International and Comparative Law Quarterly. He holds a Ph.D. in
International Law (summa cum laude avec félicitations du jury) from
the Graduate Institute of International and Development Studies
(IHEID).
This book is a well-informed, meticulously researched and
incessantly inquisitive contribution to what might be broadly
characterised as the historiography of international criminal law.
How do international criminal courts go about constructing
historical narratives, how are these histories received and what
happens to history after its encounter with international law, and
international law after its encounter with history? By offering us
a series of deft and sometimes pugnacious answers to these
questions, Dr Sander enriches the field considerably.
*Gerry Simpson, Professor of Public International Law, LSE*
In Doing Justice to History, Barrie Sander moves us well beyond
familiar debates over whether international criminal courts (or any
courts for that matter) should narrate history, by masterfully and
compellingly demonstrating how international criminal courts not
only produce but legitimate impoverished historical accounts. While
largely skeptical of the many biases of international criminal law
that manifest in its history-making, Sander also suggests the
emancipatory potential of approaching the judicial production of
history as a site of critical inquiry rather than as an end.
Lawyers, historians, and social theorists interested in the law or
memory of armed conflict, crimes against humanity, and genocide
will want to read this book.
*Karen Engle, Chair in Law, The University of Texas at Austin*
Milan Kundera writes that we 'pass through the present with our
eyes blindfolded,' and it is only when that blindfold 'is untied'
that we can 'glance at the past' and discover its meaning. In this
book for the ages, Barrie Sander unties international criminal
law's blindfold. Sander adroitly shows what sense law can, and
cannot, make of history.
*Mark A. Drumbl, Professor of Law, Washington and Lee
University*
This book offers an astute account of how history is being
constructed in international courtrooms. It shows how historical
narratives by international criminal courts are neither static nor
final, and it argues that international judgments should not be
seen as historical endpoints but rather as discursive beginnings.
The book is brilliant in its nuanced approach and convincing
through its meticulous argumentation.
*Larissa van den Herik, Professor of Public International Law,
Leiden University*
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