Testimonial Injustice in International Criminal Law

Authors

• Shannon Fyfe, Washington and Lee University School of LawFollow

Document Type

Article

Publication Title

Symposion

Publication Date

2018

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.

Recommended Citation

Shannon Fyfe, Testimonial Injustice in International Criminal Law, 5 Symposion 155 (2018).