The Transformative Occupations of Palestine

This post appears in conjunction with a dossier on transformative occupations in Humanity issue 8.2 There are two schools of thought on transformative occupations. Adam Scheffer narrowly contrasts it with the international humanitarian law (IHL) concept of belligerent occupation, whose main hallmark is its temporary character.[1] Nehal Bhuta offers a broad historical version, running the gamut from the occupatio bellica of the post-Napoleonic settlement to transformative humanitarian interventions both in the post-WWII and the post-Cold War era, and more recently in Iraq. The 20th century Continue reading →

The Meaning of the 1967 War

This post appears in conjunction with a dossier on transformative occupations in Humanity issue 8.2 In any attempt to commemorate the fiftieth anniversary of the 1967 war, it is inevitable to reflect on the meaning of Israel’s phenomenal victory and the transformations it brought about to the Middle East. In this regard, much has been written about the profound implications of the 1967 war on Arab world; the fall of Arab nationalism; the rise of Islamic politics; and the consolidation of authoritarian regimes as a way Continue reading →

Transformative Occupations in the Modern Middle East

As guest editors of the dossier on “Transformative Occupations in the Modern Middle East” in the current issue of Humanity, we are delighted that Leila Farsakh and Gershon Shafir each agreed to contribute an introductory meditation on the fiftieth anniversary of the 1967 Arab-Israeli War and the history of the transformative Israeli occupation in Palestine. The dossier, as a unit, builds on the work of the critical legal scholars who have done so much to develop the concept of transformative occupation in the years since Continue reading →

Times of Reckoning: History, Evidence and Truth-making after Yugoslavia

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here. The idea that we are in a “post-truth” era is lately on everyone’s lips. The popular, scholarly and comedic analyses of Donald Trump’s ambivalent relationship to facticity would already fill volumes.[1] Yet the instability of meaning and the uncomfortable fit between denotational content and interpretive frameworks are not Continue reading →

“The Judgement Is not Made Now; The Judgement Will Be Made in the Future”: “Politically Motivated” Defence Lawyers and the International Criminal Tribunal for Rwanda”s “Historical Record”

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here. In December 2014, after twenty years of operation, the International Criminal Tribunal for Rwanda (ICTR) delivered its last appeal judgment. Established in November 1994 by the United Nations Security Council, the ICTR was tasked with putting on trial any person accused of committing the following in Rwanda in Continue reading →

Forensic Truth? Scientific evidence in international criminal justice

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here. Truth and justice are distinct concepts. Yet, recent years have witnessed the emergence and gradual recognition of the right to the truth. If it first was invoked in connection with the crime of enforced disappearances, this right is progressively becoming generic and self-standing. It has been defined by Continue reading →

Deconstructing the Epistemic Challenges to Mass Atrocity Prosecutions

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here. This post briefly summarizes a full-length law review article that will appear in volume 75 of the Washington & Lee Law Review. International criminal law faces unprecedented challenges. Some of these challenges generate widespread publicity whereas others are less well-publicized but just as concerning. The not-very-well-publicized challenge that Continue reading →

Truth Beyond the ICC

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here.  As the Ongwen trial has made clear, the significance that international criminal trials have for the production of truth resides not only in the narratives forged within the courtroom but also in the impact trials have on the political discourses and practices around the trial. In the Uganda Continue reading →

The ICC, Dominic Ongwen, and the Politics of Truth

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here. The trial of former Lord’s Resistance Army commander Dominic Ongwen at the International Criminal Court has thrown into relief the difficulties of seeking truth through international criminal trials. The ICC prosecution has constructed a series of narratives in order to establish the legitimacy of Ongwen’s trial, narratives that Continue reading →

International Criminal Tribunals as Epistemic Engines Or Why Legal Truth Is Not Sui Generis

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here. Introduction[1] International criminal tribunals (ICTs) are epistemic engines. That is, they are institutions that systematically produce knowledge or find truths. And they do so not only in the way usually recognised in doctrinal scholarly works on international criminal law, i.e. in the sense emphasized, e.g., by the ICTR Continue reading →