The significance of institutional culture in enhancing the validity of international criminal tribunals

Mistry, Hemi (2017) The significance of institutional culture in enhancing the validity of international criminal tribunals. International Criminal Law Review, 17 . pp. 703-727. ISSN 1571-8123

[img] PDF - Repository staff only until 28 June 2019. - Requires a PDF viewer such as GSview, Xpdf or Adobe Acrobat Reader
Download (583kB)

Abstract

When considering the validity of international criminal tribunals, focus is typically and appropriately upon areas of substantive law and procedure and questions of prosecutorial policy. However, to the extent that it is within the capacity of judges to address and resolve challenges to the validity of the institution, in order for judges to formulate and implement effective solutions to those challenges it is imperative that an institutional culture is cultivated that is conducive to those ends. This paper explains the relationship between judicial culture and institutional legitimacy, and highlights how recent jurisprudence of the International Criminal Court (ICC) suggests that there is a need for the adoption and implementation of measures to promote the development of a robust institutional culture conducive to resolving the challenges faced by the ICC.

Item Type: Article
Keywords: Collegiality, judicial decision-making, dissent, ICC, deliberations, culture, ICJ
Schools/Departments: University of Nottingham, UK > Faculty of Social Sciences > School of Law
Identification Number: 10.1163/15718123-01704006
Related URLs:
Depositing User: Mistry, Hemi
Date Deposited: 30 Jun 2017 13:36
Last Modified: 12 Oct 2017 23:52
URI: http://eprints.nottingham.ac.uk/id/eprint/43868

Actions (Archive Staff Only)

Edit View Edit View