种族灭绝后艺术的证据潜力
1School of Global Studies, University of Sussex, Falmer, East Sussex, United Kingdom.
Death studies
|November 11, 2024
概括
在没有传统证据的情况下,艺术可以在过渡期司法案件中作为关键证据. 范纳斯在柬埔寨法院的特别庭院审判中的艺术作品展示了艺术的力量来证明侵犯人权的行为,并为幸存者提供社会证明.
科学领域:
- 过渡时期的司法.
- 艺术史 艺术史 艺术史
- 法律研究 法律研究
背景情况:
- 档案档案,人类遗骸和证人的证词对于过渡时期的正义和大规模暴力后的和平建设至关重要.
- 缺乏传统证据在记录暴行和寻求正义方面带来了挑战.
- 艺术作为法庭诉讼中的证据的作用,特别是在冲突后的场景中,仍然未被充分探索.
研究的目的:
- 分析艺术在过渡司法中的证据功能,特别是检查Vann Nath在柬埔寨法院特别分庭 (ECCC) 审判中的艺术作品.
- 认为艺术可以代替缺失的证据,如人类遗骸,证明侵犯人权的行为.
- 探索艺术如何提供社会证明和激活影响,为理解暴力和创伤做出贡献.
主要方法:
- 在ECCC对Kaing Guek Eav (Duch) 的审判中,对Vann Nath的艺术作品的案例研究分析.
- 艺术作为证据的比较分析与人类遗骸作为过渡司法中的证据.
- 与艺术证据相关的物质性,影响力和社会证明概念的理论接触.
主要成果:
- 范纳特的艺术功能与人类遗骸类似,提供了对侵犯人权的物质和情感证据,包括酷刑和大规模杀戮.
- 艺术是社会证明的一种形式,验证了幸存者的经历,并展示了暴行的现实.
- 这项研究强调了艺术传达情感和交流语言上无法传达的经验的能力.
结论:
- 艺术可以成为过渡时期司法中证据基础设施的组成部分,特别是当其他形式的证据稀缺时.
- 艺术能够动员影响并提供社会证明的能力使得它对大规模暴力的幸存者来说与法律上可接受的证据一样重要.
- 将艺术纳入审判需要重新评估什么是证据及其在实现正义和和解方面的功能.
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