A New Influence of Legal Scholars? The Use of Academic Writings at International Criminal Courts and Tribunals
Leiden Journal of International Law (2018), vol 31, issue 4, December 2018, pp. 963-980.
iCourts Working Paper Series No. 157
26 Pages Posted: 22 Apr 2019 Last revised: 5 Jun 2019
Date Written: March 22, 2019
Which role have international legal scholars played in the development of international criminal law? Building on recent studies of the citation practices of international courts, the article provides an empirical assessment of the use and functions of citations to scholarly writings in the judgements of international criminal courts and tribunals. Using a mixed methods approach, the article combines a) a quantitative analysis of judgements interpreting the law of war crimes across five international and internationalized courts with b) qualitative interviews with judges and legal officers at the International Criminal Court (ICC), the ad hoc Tribunals, and the Special Court for Sierra Leone (SCSL). The article argues that scholarly writings have been strikingly visible in the judgements of international criminal courts and tribunals, and especially at the ICC, which entails significant implications for the functions of academic writings and the role of international legal scholars.
Keywords: International Criminal Law; Legal Scholars; International Criminal Court; International Criminal Tribunals; Interpretive Communities
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