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The Tomašica mass grave and the trial of Ratko Mladić
Caroline Fournet

This article focuses on the judicial consideration of the scientific analysis of the Tomašica mass grave, in the Prijedor municipality of Republika Srpska in Bosnia-Herzegovina. Often referred to as the largest mass grave in Europe since the Second World War, this grave was fully discovered in September 2013 and the scientific evidence gathered was included in the prosecution of Ratko Mladić before the International Criminal Tribunal for the Former Yugoslavia. Based on the exhaustive analysis of all the publicly available trial transcripts, this article presents how the Tomašica evidence proved symptomatic of the way in which forensic sciences and international criminal justice intertwine and of the impact of the former over the latter on the admissibility of evidence, the conduct of proceedings and the qualification of the crimes perpetrated.

Human Remains and Violence: An Interdisciplinary Journal
Open Access (free)
Postcolonial governance and the policing of family
Author: Joe Turner

Bordering intimacy is a study of how borders and dominant forms of intimacy, such as family, are central to the governance of postcolonial states such as Britain. The book explores the connected history between contemporary border regimes and the policing of family with the role of borders under European and British empires. Building upon postcolonial, decolonial and black feminist theory, the investigation centres on how colonial bordering is remade in contemporary Britain through appeals to protect, sustain and make family life. Not only was family central to the making of colonial racism but claims to family continue to remake, shore up but also hide the organisation of racialised violence in liberal states. Drawing on historical investigations, the book investigates the continuity of colonial rule in numerous areas of contemporary government – family visa regimes, the policing of sham marriages, counterterror strategies, deprivation of citizenship, policing tactics, integration policy. In doing this, the book re-theorises how we think of the connection between liberal government, race, family, borders and empire. In using Britain as a case, this opens up further insights into the international/global circulations of liberal empire and its relationship to violence.

Open Access (free)
Fateful splitting in the Victorian insanity trial
Joel Peter Eigen

, however, and not all testimony was free from equivocation. As early as 1311 one finds the appearance of specialist witnesses, called to the court to draw their own inferences regarding ambiguous observations. Saddled with the unfortunate name of ‘expert witnesses’, these persons were thought to possess knowledge beyond the ken of the ordinary lay person.4 Because their job description ran perilously close to that of the jurors’ in that they also drew inferences and rendered opinions, the use of expert witnesses has historically provoked disquiet among members of the

in Domestic and international trials, 1700–2000
Open Access (free)
The politics of exhumation in post-genocide Rwanda
Rémi Korman

between Rwanda and Bosnia. Whatever the truth behind this decision, the absence of forensic studies during the trials conducted by the ICTR after 1996 weakened the cases brought by the Prosecutor’s Office, who were thus forced to change their initial strategy. Lastly, certain criticisms have been made regarding the scientific methods employed by Bill Haglund and the PHR team despatched to Kibuye and the Amgar Garage. These criticisms often emanated from defence lawyers, but also from some expert witnesses called by the defence teams of the ICTR and the ICTY. Indeed, it

in Human remains and identification
Open Access (free)
Simon Mabon

House of Lords International Relations Committee, which produced a report on the UK’s relationship with the Middle East entitled Time for a New Realism. In this role I was involved in selecting expert witnesses and writing questions for witness sessions. The committee drew expert testimony from ambassadors, civil society leaders, academics, policymakers, and a round table of ‘young people’. I have not included any confidential material or referred to private sessions of the committee. At times, this book seeks to offer a historiography of claims to sovereignty, yet it

in Houses built on sand
mid-Victorian stories and beliefs
Susan Hoyle

realm of the ‘expert witness’. This figure was reasonably well known to the Victorian court 51 and, as we have seen, these gentlemen were there, commenting (Monckton) and reporting (Stewart). Such evidence was admissible only in so far as the court perceived it as contributing to the testing of the ‘coherence’ and ‘plausibility’ of the narrative they had been invited to support, but for the public gathered there (and it is their

in Witchcraft Continued
Alison Lewis

century so did the level of awareness of criminality and pathology, as well as competency in reading such cases. This was partly because in Germany after 1850 legal trials were opened to the public and newspapers were able to report cases of interest with greater fidelity. Moreover, literary writers were – with permission of the court – able to gain access to court materials and ground their own crime narratives in more reliable sources of empirical evidence, such as evidence presented at trials, as well as expert witness statements.42 With the advent of psychoanalysis

in A history of the case study
Open Access (free)
R. A. Melikan

Robert Boyce’s chapter focuses on the last of these. It is perhaps fitting that, having begun with a chapter focusing upon the ‘external influence’ of lawyers in trials, we turn to a chapter focusing on the comparable role of history. Prior to Papon’s trial, commentators perceived it as an opportunity for history. They believed it would expose and dispel the lingering demon of France’s wartime experiences, as well as educate a new generation in the dangers of anti-semitism. Historians were recruited to participate in the process as expert witnesses, drawing on their

in Domestic and international trials, 1700–2000
Open Access (free)
Bill Prosser

terrible doodler’, its editors were duped well enough to award him a prize of ten shillings. The contest cashed in on a worldwide craze for doodling in the late 1930s following Frank Capra’s 1936 film Mr Deeds Goes to Town. A comedy, this revolves around Gary Cooper’s amateur musician outsmarting city-slickers set to steal his inherited fortune. Charged that his obsessional tuba-playing is a symptom of insanity he argues that everyone has harmless illogical pastimes, which are even evident here, in the courtroom. The judge, for example, is an ‘O-filler’,15 and the expert

in Beckett and nothing
Robert Boyce

Vichy and modern memory Le Syndrôme de Vichy. He had been requested to appear as an expert witness by Papon’s defence counsel, who evidently hoped to exploit Rousso’s argument about the relativity of perceptions of the past to underline the dangers of convicting a man so many years after the crimes were committed. Rousso refused to be made use of for such partisan purposes.11 There were also those who feared that by raking over the coals of the Second World War the trial would damage Franco-German relations and in turn compromise French influence within the European

in Domestic and international trials, 1700–2000