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Arcs of Global JusticeEssays in Honour of William A. Schabas$
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Margaret M. deGuzman and Diane Marie Amann

Print publication date: 2018

Print ISBN-13: 9780190272654

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780190272654.001.0001

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Legacy in International Criminal Justice

Legacy in International Criminal Justice

Chapter:
(p.271) 14 Legacy in International Criminal Justice
Source:
Arcs of Global Justice
Author(s):

Carsten Stahn

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190272654.003.0015

Legacy plays an increasing role in international criminal justice. But it remains under-theorized as a concept. Court strategies navigate between reproduction of the past and societal transformation. Many of the lasting effects of criminal proceedings are not tied to judgements, but specific incidents or performative aspects of trials, and their reception. This chapter examines legacy strategies and their critiques. It shows that the turn to legacy is partly an expression of the role of courts as social agents and geared towards the production of ‘global’ legacies. Legacy cannot be authoritatively construed by institutions, but shifts with perceptions over time. The chapter establishes a fivefold typology of legacy, including juridified legacy, institutional/systemic legacy, performative legacy, reproductive legacy, and receptive legacy. It argues that court-mandated legacy involves a certain degree of social construction and claims of ownership over the past that sit uncomfortably with the thicker fabric of remembrance and collective memory.

Keywords:   legacy, international criminal courts, international criminal tribunals, mandate, historical record, collective memory

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