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Culture under Cross-Examination Tim Kelsall (University of California, Berkeley)

Culture under Cross-Examination By Tim Kelsall (University of California, Berkeley)

Culture under Cross-Examination by Tim Kelsall (University of California, Berkeley)


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Summary

Using an approach that combines anthropological and political analysis, this book examines the roles of military command, mystical powers, child soldiers, forced marriage and fact-finding in the Special Court for Sierra Leone, arguing that cultural differences have obstructed justice and that international justice requires a more multicultural approach.

Culture under Cross-Examination Summary

Culture under Cross-Examination: International Justice and the Special Court for Sierra Leone by Tim Kelsall (University of California, Berkeley)

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.

Culture under Cross-Examination 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, 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, African Affairs

About Tim Kelsall (University of California, Berkeley)

Tim Kelsall works as an Associate of the Africa, Politics and Power Programme and as a Visiting Fellow at the Berkeley War Crimes Studies Center based in Phnom Penh. In the past he has taught Politics at the universities of Oxford and Newcastle and has been an editor of the journal African Affairs.

Table of Contents

1. White man's justice? Sierra Leone and the expanding project of international law; 2. The story of the CDF trial; 3. An unconventional army: chains of command in a patrimonial society; 4. Facts, metaphysics and mysticism: magical powers and the law; 5. We cannot accept any cultural consideration: the child soldiers charge; 6. 'He's not very forthright': finding the facts in a culture of secrecy; 7. Cultural issues in the RUF, AFRC, and Charles Taylor trials; 8. Conclusion: from legal imperialism to dialogics.

Additional information

NPB9780521767781
9780521767781
0521767784
Culture under Cross-Examination: International Justice and the Special Court for Sierra Leone by Tim Kelsall (University of California, Berkeley)
New
Hardback
Cambridge University Press
2009-10-22
314
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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