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  3. Culture under Cross-Examination
Publisher:
Cambridge University Press
Online publication date:
January 2010
Print publication year:
2009
Online ISBN:
9780511642173
DOI:
https://doi.org/10.1017/CBO9780511642173
Subjects:
Socio-Legal Studies, Public International Law, Social and Cultural Anthropology, Law, Anthropology
Series:
Cambridge Studies in Law and Society
Information

Book description

The international community created the Special Court for Sierra Leone to prosecute those who bore the greatest responsibility for crimes committed during the country's devastating civil war. In this book Tim Kelsall examines some of the challenges posed by the fact that the Court operated in a largely unfamiliar culture, in which the way local people thought about rights, agency and truth-telling sometimes differed radically from the way international lawyers think about these things. By applying an anthro-political perspective to the trials, he unveils a variety of ethical, epistemological, jurisprudential and procedural problems, arguing that although touted as a promising hybrid, the Court failed in crucial ways to adapt to the local culture concerned. Culture matters, and international justice requires a more dialogical, multicultural approach.

Reviews

'… relevant and important … Kelsall's book makes a significant contribution to our knowledge of the SCSL and of the social and legal context in which it operated.'

Rachel Kerr Source: International Journal of Transitional Justice

'Kelsall’s account is well-balanced and highlights the strategies of prosecution and defence as well as the political dimension of the trial, which was highly controversial in Sierra Leone.'

Gerhard Anders Source: African Affairs

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