
Contents
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I. Introduction I. Introduction
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II. Listening to the Accused as a Vector of Knowledge II. Listening to the Accused as a Vector of Knowledge
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A. Epistemological Approach A. Epistemological Approach
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B. Methodology B. Methodology
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III. Positioning of Those Tried: A Structural Interrelation III. Positioning of Those Tried: A Structural Interrelation
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A. A Gap Between Expectations and Reality A. A Gap Between Expectations and Reality
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B. Violence and Unfairness of the Procedure B. Violence and Unfairness of the Procedure
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C. A Politicized and ‘Outgroup’ Justice C. A Politicized and ‘Outgroup’ Justice
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D. The Role Assigned to the Defendant D. The Role Assigned to the Defendant
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IV. Conclusion IV. Conclusion
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1 An Empirical Analysis of International Criminal Law: The Perception and Experience of the Accused
Get accessMarie-Sophie Devresse is a Professor of Criminology at the Université Catholique de Louvain.
Damien Scalia is a Professor at the Faculty of Law and Criminology - Université libre de Bruxelles.
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Published:07 May 2020
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Abstract
This chapter is an empirical study of how individuals who have been defendants at the International Criminal Tribunal for the former Yugoslavia (ICTY) and Rwanda (ICTR) perceived and understood the trial process. Breaking with those who resist taking seriously the lived experience of individuals accused of being responsible for terrible acts, the chapter insists that even the most despised genocidaire can contribute to knowledge-production about international criminal justice. This chapter’s conclusions, which are based on an analysis of 60 interviews, though enlightening are often counterintuitive. It finds, for example, that a defendant’s acceptance of the legitimacy of their trial generally depends far more on whether the defendant believes the process treated them fairly than on pragmatic considerations such as the outcome of the trial and the severity of any resulting sentence. Moreover, most defendants felt estranged from the trial process on account of its symbolic ‘violence’ toward them and the passive position it necessarily assigns them during the trial.
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