ABSTRACT

This chapter discusses how and to what extent trauma can affect the recollection of an international crime and demonstrates that trauma not only has an effect on what may be remembered but also on how it is remembered. Through a thorough analysis of expert testimonies and scholarly literature, this chapter unveils how the initial stages of observation and memory during a traumatic event and what occurs after a traumatic event can have an effect on what witnesses remember. The traumatic nature of the crimes may lead to the development of mental health disorders or other psychological sequelae, which have consequences for memory and testifying about international crimes. This chapter argues that central details of traumatic events are generally both well observed and (vividly and accurately) well remembered, whereas peripheral details are more prone to not be observed and to be altered or even forgotten with time. This means that depending on the details necessary for prosecution, fact-finders can rely on the testimony of traumatised witnesses. Overall, this chapter stresses the importance of gaining a better understanding of trauma caused by international crimes and how this can affect memory and may have an impact on the testimonies of witnesses.