Sights, Sounds, and Sensibilities of Atrocity Prosecutions

Mark A. Drumbl (J.S.D., 2002, Columbia University), is the Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute at Washington and Lee University.Caroline Fournet, (Ph.D., 2003, Faculty of Law, University of Leicester) is Professor of Law at the University of Exeter, UK.

• AcknowledgementsList of FiguresNotes on ContributorsIntroductionMark A. Drumbl and Caroline FournetPart 1Shows and Cases: Showcasing(s) in the Courtroom1 Optical Allusions, Indecency, and Injustice in the Trial of Japanese War CriminalsJames Burnham Sedgwick2 ‘The Show Must Go On’: The Trials and Tribulations of Ludmila Brožová-PolednováBarbora Holá3 Atrocity Then, Trial Now: The Aesthetics, Acoustics, and Visualities of Prosecuting Oskar GröningCaroline Fournet and Mark A. Drumbl4 Performing Justice: The Trial of Bruno Dey and Its ProtagonistsMoritz Vormbaum and Jara StreuerPart 2Translating the Senses into Law and Judgment5 Does Music Create Killers?: The Role of Music in the Commission of Violent CrimesAgnieszka Jachec-Neale6 The Stench of Death: The Olfactory of Genocide in International Criminal TrialsCarola Lingaas7 The Sound and Taste of Atrocities: From Cambodia in the 1970s to Bosnia and Herzegovina in the 1990sAudrey Fino8 The Age-Impunity Rhetoric in Trials for Crimes Committed during the Argentine Genocide (1975–1983)Adriana Taboada and Lior ZylbermanPart 3Filtering the Sensory: Language, Evidence, Culture, and Procedure9 Sounds of Atrocity Prosecutions: Intersubjective Interpreting as a Key Ingredient for Effective and Fair Trials in Multilingual and Multicultural War Crimes CourtroomsDragana Spencer10 The Mind’s Eye: The Invisibility of Culture in Individual Criminal ResponsibilityVera Piovesan11 Versions of the Truth: Disinformation and Prosecuting AtrocitiesEmma J. Breeze12 Putting Things in Play: The Spectacle of Criminal JusticeSebastián MachadoPart 4Staging, Re-enactment, Film13 A Trial without a Defendant: The Mock Trial of Dr. Josef Mengele in JerusalemYehudit Dori-Deston14 Reconstructing the Crime: Memory, Re-enactments, and Space in Atrocity InvestigationsMaria Elander15 Staging Atrocity Prosecutions: Re-enactments and Pre-enactments of Atrocity Trials in TheatreHanna Luise Kroll and Kerstin Wilhelms16 Entertaining Selectivity: ‘Narcos’, Netflix, and International CrimesJavier S. EskauriatzaPart 5Sensibility Divides: North–South, Imperial–Colonized, State–Society17 Hearing Voices: Victim and Witness Demographics at the International Criminal CourtAnnika Jones18 Ugly Atrocities, Cathartic Prosecutions: International Criminal Law as Emotional SalveRandle C. DeFalco19 Appropriating Sovereignty through Trials: British Imperial Expansion and Staging of Oppression through LawAman Kumar20 ‘Protecting the Environment Is Not Illegal’: Ecological Activism, the Visualities of Law and Justice, and the Land Concession Crisis in CambodiaStéphanie Benzaquen-GautierPart 6Reflections on Aesthetics and Methods21 Veteran Mobilisation, Prosecutions, and the Contested Legacy of the Past in Northern Ireland: Deconstructing the ‘Witch-Hunt’ NarrativeKevin Hearty and Kieran McEvoy22 Negative Aesthetic Experiences of Prosecuting the Barely AliveShannon Fyfe23 Elaborating on the ‘Asymmetry’ of Prosecuting Aged Defendants for Atrocities: A ‘Multimodal-Visual Argumentation’ PerspectiveKonstantinos P. Tsinas24 Atrocity Prosecutions, Cultural Representation, and the Invisible Older IndividualKirsten J. Fisher25 The Sights, Sounds, and Silences of International Law During the Cold WarMark A. DrumblIndex

“This book asks a remarkable and deceptively simple question: How do we hear, taste, smell, feel, and see justice? Mark Drumbl and Caroline Fournet have done us all a great service in knitting together – in a single, powerfully imagined, volume – these essays about how we might experience the institutionalisation of judgment in atrocity trials. Reams have been written on the intellectual, juridical and ethical response to war crimes or crimes against humanity. This unusual – singular – book describes our emotional and aesthetic relations to these terrible wrongs and the forms of politico-legal reckonings that attempt to come to terms with them.” Gerry Simpson, Professor of Public International Law, LSE Law School (London).“Law is inherently multidimensional. It is not just an analytical tool for achieving social order, accountability or reconciliation, but it is also one of the filters through which reality is perceived and processed. The initial absorption happens naturally through the senses of sight, smell, hearing, taste, and touch. Contributions to this volume offer a unique opportunity to delve into law’s hidden landscape using the primary reality of the five senses. The entire volume makes surgically precise incision on the body of international law as we know it.” Marina Aksenova, Assistant Professor in Comparative and International Criminal Law, IE Law School (Madrid).