Bearing Witness to Atrocity Crimes: Photography and International Law
- 1 January 2018
- journal article
- research article
- Published by Project MUSE in Human Rights Quarterly
- Vol. 40 (4), 776-814
- https://doi.org/10.1353/hrq.2018.0045
Abstract
This article uses ideas propounded by Susan Sontag and Judith Butler on photography to illuminate the significant role of photography and visual media in international law jurisprudence. Two key questions are pursued: first, what role does photography have in international law (with a particular focus on abusive photography), and second, how do photography and visual media bear witness to atrocity crimes in international law? The article commences with an overview of the evolution of war photography as it dovetails the inclusion of visual media in juridical settings, and interrogates ethical issues involved in the aestheticization of suffering for consumerist purposes. Drawing from scholarly definitions of atrocity crimes, the article settles on terminology which carves out the parameters of the socio-legal research space. In identifying the relevant areas of international law, the study reads the associated jurisprudence with a theoretical lens, evincing the critical evidentiary role that photography plays in the litigation of the most serious international crimes, such as genocide, war crimes, and crimes against humanity. Tension between the transitive and probative functions of visual evidence is examined through a rich tapestry of international jurisprudence.This publication has 24 references indexed in Scilit:
- The Surprising Detritus of Leisure: Encountering the Late Photography of WarEnvironment and Planning D: Society and Space, 2011
- Soldier Photography of Detainee Abuse in Iraq: Digital Technology, Human Rights and the Death of Baha MousaHuman Rights Law Review, 2010
- Effective Investigations under Article 2 of the European Convention on Human Rights: Securing the Right to Life or an Onerous Burden on a State?European Journal of International Law, 2010
- Visual evidencePsychonomic Bulletin & Review, 2010
- Mobile Witnessing: Ethics and the Camera Phone in the ‘War on Terror’Globalizations, 2009
- Nothing to Say: The War on Terror and the Mad Photography of Roland BarthesGrey Room, 2009
- Prosecutor v. Nahimana, Barayagwiza, and Ngeze. Case No. ICTR 99-52-AAmerican Journal of International Law, 2009
- Torture and the Ethics of PhotographyEnvironment and Planning D: Society and Space, 2007
- The Dual Quality of Norms and Governance beyond the State: Sociological and Normative Approaches to ‘Interaction’Critical Review of International Social and Political Philosophy, 2007
- Introduction: Making Human Rights Claims PublicAmerican Anthropologist, 2006