ABSTRACT

This conclusion presents some closing thoughts on the key concepts discussed in the preceding chapters of the book. This book shows that international criminal tribunals (ICTR) ‘foundational documents’, indictments, pre-trial briefs, motions and motion decisions are a crucial part of the discursive creation of the witness subject. It argues that the processes of memory construction before witnesses testified in court are an important part of the restrictions on who can be a witness and what memories they can speak about. The book describes that the tightly controlled discursive conditions of a discourse of witnessing has an additional function relating to memory. A potentially fruitful direction for future research is a continued exploration of legal archives at the ICTR and ICTY, particularly the prosecution archive. The book makes a substantial and significant contribution to the transitional justice legal scholarship by extending current understandings of the scope and limitations of the legal construction of memory at the ICTR.