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

University of Copenhagen Faculty of Law Research Paper Forthcoming, 2019-75

26 Pages Posted: 22 Apr 2019 Last revised: 5 Jun 2019

See all articles by Nora Stappert

Nora Stappert

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: March 22, 2019

Abstract

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

Suggested Citation

Stappert, Nora, A New Influence of Legal Scholars? The Use of Academic Writings at International Criminal Courts and Tribunals (March 22, 2019). Leiden Journal of International Law (2018), vol 31, issue 4, December 2018, pp. 963-980. ; iCourts Working Paper Series No. 157; University of Copenhagen Faculty of Law Research Paper Forthcoming, 2019-75. Available at SSRN: https://ssrn.com/abstract=3358235 or http://dx.doi.org/10.2139/ssrn.3358235

Nora Stappert (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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