Remembering past atrocities : the duty of memory in international law
Florence : European University Institute, 2015 , EUI PhD theses, Department of Law
CAMPISI, Maria Chiara, Remembering past atrocities : the duty of memory in international law, Florence : European University Institute, 2015 , EUI PhD theses, Department of Law - http://hdl.handle.net/1814/40807
Retrieved from Cadmus, EUI Research Repository
From serious violations of human rights, international law derives a set of consequences that fall to the responsible states. These consequences take the form of secondary obligations arising from primary rules and standards, which guide governments in the process of coming to terms with a violent past. This thesis argues that some of these legal constraints, because of the manner in which they have been developed in practice, may affect the way wrongdoing states choose to deal with their past. As a result, they influence the processes of memory-making within societies. Through the legal analysis of international norms and their application to, and implementation in, situations of gross and systematic human rights abuses, this research develops the concept of a duty of memory under international law. In so doing, it offers a critical assessment of the ways international law may affect official representations of the past in the present, playing the role of vector of memory.
Defence date: 11 June 2015; Examining Board: Professor Ruth Rubio Marin, EUI (Supervisor); Professor Francesco Francioni, EUI; Professor Paolo Benvenuti, Universitá degli Studi Roma Tre; Judge Antônio Augusto Cançado Trindade, International Court of Justice.
Cadmus permanent link: http://hdl.handle.net/1814/40807
Full-text via DOI: 10.2870/65824
Series/Number: EUI PhD theses; Department of Law
LC Subject Heading: Human rights; International law