Book contents
- The Archival Politics of International Courts
- Cambridge Studies in Law and Society
- The Archival Politics of International Courts
- Copyright page
- Contents
- Acknowledgements
- Abbreviations
- Chapter One The Politics of Archival Knowledge in International Courts
- Chapter Two The International Criminal Tribunal for Rwanda and Its Archive
- Chapter Three The Force of Law
- Chapter Four Contesting the Archive
- Chapter five Reconstituting Justice
- Chapter Six Imagining Community
- Chapter Seven The Residual Mechanism and the Archive
- Conclusion: The ICTR’s Archive
- Bibliography
- Index
- Cambridge Studies in Law and Society
Chapter Four - Contesting the Archive
Published online by Cambridge University Press: 13 August 2021
- The Archival Politics of International Courts
- Cambridge Studies in Law and Society
- The Archival Politics of International Courts
- Copyright page
- Contents
- Acknowledgements
- Abbreviations
- Chapter One The Politics of Archival Knowledge in International Courts
- Chapter Two The International Criminal Tribunal for Rwanda and Its Archive
- Chapter Three The Force of Law
- Chapter Four Contesting the Archive
- Chapter five Reconstituting Justice
- Chapter Six Imagining Community
- Chapter Seven The Residual Mechanism and the Archive
- Conclusion: The ICTR’s Archive
- Bibliography
- Index
- Cambridge Studies in Law and Society
Summary
Chapters 4 and 5 explore how various subject positions (or what Foucault describes as enunciative modalities) influenced how knowledge was produced within the archive, from which perspective records were constructed and, ultimately, what was to be archived. In Chapter 4, ‘Contesting the Archive’, I focus on the witnesses, who played a far more significant role in constructing the archive than scholars normally credit. Whilst this shows how legal actors constrained what witnesses could record within the archive, it also demonstrates how witnesses were able to contest these parameters both in terms of which crimes would be recorded, but also how the law was to account for violence. This contestation also destabilised many of the objects and subjects that the legal discourse tried to produce, such as what constituted a victim or perpetrator.
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- The Archival Politics of International Courts , pp. 82 - 108Publisher: Cambridge University PressPrint publication year: 2021