Haunting justice: queer bodies, ghosts, and the International Criminal Tribunal for the former Yugoslavia

Publisher:
ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD
Publication Type:
Journal Article
Citation:
International Feminist Journal of Politics, 2024, 26, (2), pp. 216-239
Issue Date:
2024-01-01
Full metadata record
International criminal justice involves stories of war and violence. These stories establish survivors, perpetrators, and scenes of trauma, offering representations of embodied experiences of violation. All bodies are subject to violence, but not all bodies are seen–or heard–in international criminal justice. In this article, I argue that queer bodies–that is, those with non-normative sexual and gender practices and identities, such as lesbian, gay, bisexual, trans, queer, intersex, and asexual (LGBTQIA+) people–are largely missing from international criminal justice discourses. While queer bodies are frequently targets of violence, their stories are excised from the findings and prosecution of crimes by these mechanisms. Embracing a queer hauntological approach, I focus on the International Criminal Tribunal for the former Yugoslavia (ICTY) and argue that queer bodies figure in ghostly ways. I explore how queer bodies haunt ICTY discourses and argue that queer ghosts can disrupt cisheteronormative representations of justice. The article deconstructs the juridical assumption that all violent and violated bodies are stable, straight, and cisgender and proposes that queer ghosts can challenge this legal subjectivity. I conclude that queer bodies and stories are written out of ICTY discourses, but in their ghostliness, in their haunting, there always already exists the possibility of disruption.
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