How do international lawyers handle facts? The role of folk sociological theories at the International Criminal Court.

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  • Author(s): Seroussi J;Seroussi J
  • Source:
    The British journal of sociology [Br J Sociol] 2018 Dec; Vol. 69 (4), pp. 962-983. Date of Electronic Publication: 2018 Oct 09.
  • Publication Type:
    Journal Article
  • Language:
    English
  • Additional Information
    • Source:
      Publisher: published by Wiley-Blackwell on behalf of the London School of Economics and Political Science Country of Publication: England NLM ID: 0373126 Publication Model: Print-Electronic Cited Medium: Internet ISSN: 1468-4446 (Electronic) Linking ISSN: 00071315 NLM ISO Abbreviation: Br J Sociol Subsets: MEDLINE
    • Publication Information:
      Publication: London : published by Wiley-Blackwell on behalf of the London School of Economics and Political Science
      Original Publication: London, Published by Routledge & Kegan Paul for London, London School of Economics and Political Science.
    • Subject Terms:
      Criminal Law*/methods ; Internationality* ; Social Theory*; Adolescent ; Crime ; Criminals/legislation & jurisprudence ; Decision Making ; Female ; Humans ; Knowledge ; Lawyers ; Male ; Military Personnel ; Organizational Case Studies ; Social Responsibility
    • Abstract:
      The International Criminal Court (ICC) investigates international crimes committed in different parts of the world. Earlier scholarly analysis of the work performed by the ICC judges has pointed out that judges often lack cultural and national understanding of the local norms and customs of regions where defendants come from. This article treats this lack of contextual knowledge displayed by the court as a case of structural ignorance rather than an aberration to be 'exposed' or censured. International lawyers indeed must ground their legal narratives with plausible sociological explanations of contextual elements to overcome their lack of familiarity with the field and the scarcity of their investigative resources. By uncovering the role of 'folk sociological theories' (FSTs) in the establishment of facts in a court context, this article addresses the debate over the efficiency of international criminal justice by highlighting the need to bring historical truth back in. The empirical evidence is based on several years of participant observation in the ICC during the trials against Mathieu Ngudjolo and Germain Katanga, two militiamen from the Democratic Republic of Congo (DRC).
      (© London School of Economics and Political Science 2018.)
    • Contributed Indexing:
      Keywords: Folk theory; International Criminal Court; Legal truth
    • Publication Date:
      Date Created: 20181010 Date Completed: 20190604 Latest Revision: 20190604
    • Publication Date:
      20231215
    • Accession Number:
      10.1111/1468-4446.12604
    • Accession Number:
      30298922