ترجمه مقاله Emotions and Cognition in International Criminal Justice: An Exploration from Cognitive Biases to Emotional Intelligence

Core international crimes such as genocide, war crimes and crimes against humanity are the backbone of international criminal law (ICL) and are also considered the worst atrocities known to mankind. Already with the establishment of the Nuremberg International Military Tribunal (IMT) in 1945, questions were raised as to how ICL practitioners; ranging from forensic psychiatrists to judges, are influenced emotionally and cognitively by the context in which they are working. Yet, research on such influences in practitioners’ decision making has so far focused primarily on national criminal law and national jurisdictions, while ICL and international jurisdictions remain largely unexplored territory. Given the differences not only in terms of crime gravity, suspects and evidence but also the historical and political contexts, findings from national settings are not necessarily generalizable to ICL and international jurisdictions. The aim of this research is to tentatively explore the emotioncognition interaction in ICL practitioners’ decision-making processes specifically. While the paper acknowledges that there is a risk of cognitive bias and error which constitutes a threat to the rule of law, it also recognizes e.g. Emotional Intelligence (EI) as a potential promise to the administration of international criminal justice.