Governing (through) Emotions? Affective Regimes in International (Criminal) Justice

International crimes – such as genocide, war crimes, and crimes against humanity – deeply shock our collective consciousness. Images of mass graves, starved and mutilated bodies, or destroyed sacred sites leave us in horror and disbelief of what Hannah Arendt famously described as the banality of evil. These atrocities are intricately linked to complex questions about the moral limits of warfare, impermissible forms of violence, intolerable degrees of human suffering, and the moral obligation to intervene where breaches occur. International criminal law seems to offer a clear, neutral, and universal language to deal with these moral transgressions and promises an effective delivery of justice, deterrence, and ultimately, reconciliation. Contrary to the common portrayal of law’s detachment from sentimentality, emotions play a foundational and productive role in international criminal justice that has often been neglected in scholarly discourses. From the confidence in law’s ability to deliver justice and reconciliation, to the lived experiences of victims of international crimes, and the feelings of compassion and common humanity that unite the international community in its outrage – affective regimes are deeply ingrained in the international criminal justice project.

This seminar explores the complex interplay of law and emotions in the global fight against impunity for international crimes. The goal is to develop an appreciation for the different ways in which international criminal justice is experienced, narrated, and contested through emotional registers. We interrogate the normative underpinnings of the retributive paradigm, scrutinise the legal materialisation of emotions, and investigate the practices and narratives that create and sustain these affective regimes. We will explore complex emotions such as grief, guilt, and remorse through case studies that unsettle clear-cut notions of right or wrong; examine our own affective responses through engagements with artistic and audiovisual materials; and unearth the deeply ingrained biases in international reactions to mass atrocities in group discussions. By familiarising ourselves with postcolonial critiques, we probe the role of emotions in sustaining hierarchies and inequalities, and questionmathe to which extent international criminal law reflects, reinforces, or challenges these structures. The seminar rests on a balance between theoretical inquiry, practical engagement, and self-reflection that will allow participants to obtain a deeper understanding of the intricacies of power, emotions, and justice through law.

Please note that although the material used will be English, and English therefore will serve as first language in the seminar, participants are welcome to use German for questions, conversations and discussions.

Seminarleitung: Anna Goll