A New Influence of Legal Scholars?: The Use of Academic Writings at International Criminal Courts and Tribunals

Nora Stappert

doi:10.1017/S0922156518000377

A New Influence of Legal Scholars? The Use of Academic Writings at International Criminal Courts and Tribunals

Nora Stappert

Centre of Excellence for International Courts and Governance

3 Citations (Scopus)

Abstract

What 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 judgments of international criminal courts and tribunals. Using a mixed-methods approach, the article combines: a) a quantitative analysis of judgments interpreting the law of war crimes across four international and hybrid 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 judgments 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.

Original language	English
Journal	Leiden Journal of International Law
Volume	31
Issue number	4
Pages (from-to)	963-980
Number of pages	18
ISSN	0922-1565
DOIs	https://doi.org/10.1017/S0922156518000377
Publication status	Published - 1 Dec 2018

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abstract = "What 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 judgments of international criminal courts and tribunals. Using a mixed-methods approach, the article combines: a) a quantitative analysis of judgments interpreting the law of war crimes across four international and hybrid 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 judgments 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.",

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A New Influence of Legal Scholars? The Use of Academic Writings at International Criminal Courts and Tribunals

Abstract

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