s.VI Narratives, Ch.22 Historical Reasoning and Judicial Historiography in International Criminal Trials
This chapter explores the overlaps and differences between historical reasoning and judicial historiography. It takes the reader from Nuremberg to the International Criminal Court to show that judicial proceedings have been a major site for the development of both micro- and macro-level histories, sometimes problematically so. The chapter addresses if, how, and to what extent macro-historical interpretations permeated the high-profile proceedings at Nuremberg and Tokyo and helps explain their dynamics and outcomes. This pattern was repeated in domestic trials of Nazi-era crimes throughout the post-war decades, yet largely overlooked in the creation and day-to-day operations of the ad hoc tribunals that sprang to life in the 1990s and early 2000s. To conclude, the chapter suggests that this unawareness may explain some of the Tribunals’ shortcomings and needs to be reflected by both lawyers and historians if the ICC is to avoid even more criticism than that levelled against it since its inception.