Is it desirable for non-criminal international tribunals to be employed in constructing collective memories? The presentation will explore this question from three major sociological perspectives: the structural-functional approach, the symbolic-interactionist perspective, and the social conflict approach. These three theoretical approaches suggest different answers to the above question, and offer different guidelines concerning the involvement of international tribunals in the development of historical narratives. The answer provided to this question may generate some practical judicial results, such as those relating to the presentation of a historical narrative in judgements, exercise of discretion regarding the admissibility of the case, or influencing the remedies ordered by international tribunals.
Moshe Hirsch is the Von Hofmannsthal Professor of Law at the Hebrew University of Jerusalem (Department of International Relation and Law Faculty) and Co-director of the International Law Forum at the Hebrew University Law Faculty. Prof. Hirsch specializes in international legal theory (particularly sociological analysis of international law), international economic law, and public international law. He co-organizes a series of international workshops on the sociology of international law. A significant part of his publications involves interdisciplinary research that employs, inter alia, sociological theories, game theory, political economy and international relations theory.