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Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so in ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eichmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity. The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide. To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion.

Human rights --- Law of armed conflicts. Humanitarian law --- Collectieve verantwoordelijkheid. --- Ethische vorming. --- GENOCIDE. --- LAW. --- MORAL ASPECTS. --- Memoria --- Moraal. --- SOCIOLOGY. --- TRIALS. --- Tribunalen. --- WAR CRIMES. --- Genocide. --- HISTORY. --- Memory --- Twentieth century. --- War crime trials --- Aspectos sociales. --- Social aspects. --- Moral and ethical aspects.

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Political philosophy. Social philosophy --- General ethics --- Human rights

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Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organisations mobilise and co-ordinate the efforts of many people. Responsibility for mass atrocity is always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, prefers to blame particular individuals for isolated acts. Is such law, therefore, constitutionally unable to make any sense of the most catastrophic conflagrations of our time? Drawing on the experience of several prosecutions, this book both trenchantly diagnoses the law's limits at such times and offers a spirited defence of its moral and intellectual resources for meeting the vexing challenge of holding anyone criminally accountable for mass atrocity. Just as war criminals develop new methods of eluding law's historic grasp, so criminal law flexibly devises novel responses to their stratagems. Mark Osiel examines several such legal innovations in international jurisprudence and proposes still others.

Crimes against humanity. --- Criminal liability. --- Accountability, Criminal --- Criminal accountability --- Criminal liability --- Criminal responsibility --- Liability, Criminal --- Responsibility, Criminal --- Liability (Law) --- Crime --- International crimes --- Genocide --- War crimes --- Law and legislation --- International crimes. --- Criminal liability (International law) --- International law --- Crimes, International --- International crime --- International offenses --- Law --- General and Others

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Mass media and criminal justice --- Memory --- International crimes --- Sociological jurisprudence --- Collective memory --- War crimes --- Crimes against humanity --- Médias et justice pénale --- Mémoire --- Droit international pénal --- Sociologie juridique --- Mémoire collective --- Crimes de guerre --- Crimes contre l'humanité --- Social aspects --- Aspect social --- Médias et justice pénale --- Mémoire --- Droit international pénal --- Mémoire collective --- Crimes contre l'humanité