Theories of negative aesthetics claim that some aesthetic qualities like disgust, ugliness, and repulsiveness are instrumentally valuable, and can be justified as a necessary means to producing what might be considered an ultimately positive aesthetic experience. In an international criminal trial, the presentation of “ugly” visual and oral evidence may be justified in service of the aims of the trial. But when the “barely alive” are prosecuted, however, a justification for a negative aesthetic experience may not exist. In this paper, I argue that due to their vulnerability and the need to protect their dignity, individuals who have been accused of mass atrocity crimes but who are nearing the end of their lives should generally not be subjected to public trial and punishment. The negative aesthetic experiences generated by displaying someone close to death in that setting cannot be justified by positive aesthetic or moral experiences.

消极美学理论声称，一些审美品质，如厌恶、丑陋和令人厌恶的，在工具上是有价值的，并且可以被证明是产生最终可能被认为是积极的审美体验的必要手段。在国际刑事审判中，“丑陋”的视觉和口头证据的呈现可能有理由为审判目的服务。但是，当“勉强活着”被起诉时，负面审美体验的理由可能就不存在了。在本文中，我认为，由于他们的脆弱性和保护尊严的需要，被指控犯有大规模暴行罪但已接近生命尽头的个人通常不应受到公开审判和惩罚。