The Scope of Application of the Notion of Justice as Memory as Part of the Goals of International Criminal Law and the Role of the International Criminal Court

Abstract

The notion of justice as memory places the suffering and meaninglessness of victims’ lives as the central object of justice to rekindle their hope through the re-evaluation of the past. To achieve this, it requires from institutions and society at large: i) the recognition of victims as part of society and public acknowledgement of the harm that it has been caused to them; ii) the reparation of victim’s harm to the extent possible, and the preservation of the memory of what is materially irreparable; and iii) the adoption of the necessary measures to promote reconciliation between victims and perpetrators through the former’s forgiveness and the latter’s recognition of the harm and repentance. Based on the foregoing, this work seeks to answer, from a theoretical and practical perspective, the question regarding the scope of application of the notion of justice as memory as part of the goals of International Criminal Law and the role of the International Criminal Court.