Testimonial Injustice in International Criminal Law

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Abstract
In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two harms of testimonial injustice: epistemic harm to the speaker, and harm to the truth-seeking process. I conclude that international criminal courtrooms are particularly susceptible to perpetrating testimonial injustice. Hearers in the international criminal courtroom should practice testimonial justice, but the institution is not structured in a way that can prevent every instance of testimonial injustice.
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ISBN(s)
1584-174X
PhilPapers/Archive ID
FYFTII-2
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First archival date: 2019-04-01
Latest version: 3 (2019-06-05)
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2018-12-28

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