The role of international tribunals in the development of historical narratives

Collective memories are significant for both individuals and societies, as they play an important role in the construction of collective identities. This article focuses on the role of non-criminal international tribunals in the development of collective memories, asking whether it is desirable for such international tribunals to be involved in the construction of historical narratives. International tribunals have not adopted a consistent approach concerning the presentation of a case's historical background in their judgments. The question of whether it is desirable for non-criminal tribunals to assume an active role in this sphere is analysed using three major sociological perspectives: The structural-functional approach, the symbolic-interactionist perspective, and the social conflict approach. The discussion regarding each theoretical approach is accompanied by illustrative examples from the case law of international tribunals. The conclusions drawn from this analysis integrate certain elements from each theoretical approach; but primarily draw on recommendations associated with the symbolic-interactionist perspective, and to a lesser extent on some recommendations associated with the social-conflict approach.