This chapter captures and closely analyzes the multiplicity of narratives developed by designated Gang of Four followers purged from the regime following the end of the Cultural Revolution. The CCP authorities have labeled these so-called followers as “perpetrators” of the Cultural Revolution. Using oral histories, the chapter shows how those officially labeled as “perpetrators” rarely and only indirectly portray themselves as such; more often they see themselves as victims or even heroes. The chapter further illustrates how the party-state has never been able to silence alternative voices on the Cultural Revolution within society, nor can it addresses the issue of responsibility for past violence by categorizing perpetrators and victims, two categories that are often confronted with a complex reality. The chapter argues that the processes of punishing perpetrators in post-Cultural Revolution China, or the absence thereof, have continued to influence the way the past is remembered and not remembered in present Chinese society.

Akenroye and Clarke discuss the difficulties of fitting the moral ambiguities of violent conflict into the neat victim/perpetrator binaries of international criminal law. At center stage in this chapter is a discussion of the trial of Dominic Ongwen in the International Criminal Court in The Hague. The trial centered on the culpability of a man whose horrific acts of violence in the Ugandan civil war of the early 2000s led the ICC to issue 70 counts of war crimes and crimes against humanity against him. The ambiguities of the case and the reference point of the trial’s arguments center on Ongwen’s recruitment as a child soldier under the notorious Lord’s Resistance Army headman, Joseph Kony. At what point does a child’s transition into adulthood change the conditions of their responsibility for crime? At what point is a child soldier expected to repudiate his or her superiors and escape the scene of atrocity? And if repudiation and escape are called for in this and other cases of this kind, how might this example extend to other forms of aberrant socialization, the “brainwashing,” for example, that can lead an entire nation to accept and act on ideas of the inhumanity and need to eliminate a national minority?

This chapter uses as a case study of the French National Railways (SNCF) and its multiple identities in German occupied France during World War II. During the war and the eight decades that followed, the SNCF has been storied multiple ways. The company perceived itself as a victim during the occupation, but for the first fifty years after the war was storied as a national hero because of the role some railway workers played in the resistance. Then, in the 1990s, the company found itself storied as a perpetrator for its role in transporting over 75,000 deportees crammed in merchandise cars towards concentration camps. Which identity is true? All of these positions can be argued without contorting history. Rather than trying to find the true story, this study considers these identity transformations as reflective of societal power shifts. Until we make the narrative framework behind the role ascription visible, we remain bound to cycles of intolerance and violence. The efforts of peacebuilding then involve increasing our comfort with overlapping roles.

Chapter 1 provides an overview of different theories of justice and how they can inform the development of a civil dimension of international criminal law. This chapter also traces the evolution of different dichotomies of the legal duty to provide reparations and the right to reparation: from perspectives of state versus state, to state versus individual, to individual versus individual. It also outlines the development of a duty to repair for individual perpetrators alongside states’ duty to repair. This introductory chapter thus provides the theoretical foundation that supports the analysis in the following chapters and it sets out the main themes that are discussed throughout the book. This chapter also lays out and discusses some challenges and counterarguments to the inclusion of a reparative dimension to international criminal justice from a theoretical perspective. Finally, this chapter draws on the enlightening jurisprudence of the Inter-American Court of Human Rights.

Chapter 9 begins Part IV of the book, which analyses violence as a problem of impurity. This chapter focuses on what the grammar of impurity enabled biblical writers to say about the affront of violence. It draws on the ritual insights of Catherine Bell (via William Gilders), the metaphor theory insights of Joseph Lam, and the cognitive research of Thomas Kazen and Richard Beck. Psalm 106 describes the impure consequences of ‘mixing’ with the nations that Israel failed to expel from the land. Practices like child sacrifice polluted the land and people, and led to exile. Bloodshed, in this poetic retelling, disintegrated the sacred order that bound together Yhwh, the people, and the land. Isaiah 1 insists that entrance into Yhwh’s presence demanded social as well as ritual purity, and even suggests social means of ‘purifying’ from bloodshed. Lamentations 4 attributes exile to the bloodshed in the ‘midst’ of Jerusalem, and describes the people as those defiled among the nations. For Ezekiel, bloodshed was an affront to Yhwh’s name and sanctity in the land. Finally, according to Numbers 35, blood from homicides polluted the land. As such, it was a threat to the ongoing presence of Yhwh in the land.

Most legal and juridical proceedings depend upon fixed positions with regards to human rights claims, especially where violations of rights are concerned, those of victims, perpetrators, witnesses, and sometimes, although to a lesser extent, beneficiaries. However, the social and political realities in which rights are embedded usually prove much murkier. For example, those who carry out atrocities one minute, might find themselves the object of state violence the next; witnesses who receive reparations or are able to sell their stories might seem like less innocent beneficiaries of the events of which they’ve given accounts, and a much broader notion of culpability calls into question the function or efficaciousness of identifying individual perpetrators. This chapter argues that literature is especially well-suited for evincing and elaborating such ambiguities and contradictions that inhere in the history and politics of human rights.

Most legal and juridical proceedings depend upon fixed positions with regards to human rights claims, especially where violations of rights are concerned, those of victims, perpetrators, witnesses, and sometimes, although to a lesser extent, beneficiaries. However, the social and political realities in which rights are embedded usually prove much murkier. For example, those who carry out atrocities one minute, might find themselves the object of state violence the next; witnesses who receive reparations or are able to sell their stories might seem like less innocent beneficiaries of the events of which they’ve given accounts, and a much broader notion of culpability calls into question the function or efficaciousness of identifying individual perpetrators. This chapter argues that literature is especially well-suited for evincing and elaborating such ambiguities and contradictions that inhere in the history and politics of human rights.