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

Mistry, Hemi

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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.

Citation

Mistry, H. (in press). The significance of institutional culture in enhancing the validity of international criminal tribunals. International Criminal Law Review, 17, https://doi.org/10.1163/15718123-01704006

Journal Article Type Article
Acceptance Date Apr 28, 2017
Online Publication Date Jun 28, 2017
Deposit Date Jun 30, 2017
Publicly Available Date Jun 29, 2019
Journal International Criminal Law Review
Print ISSN 1567-536X
Electronic ISSN 1571-8123
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Volume 17
DOI https://doi.org/10.1163/15718123-01704006
Keywords Collegiality, judicial decision-making, dissent, ICC, deliberations, culture, ICJ
Public URL http://eprints.nottingham.ac.uk/id/eprint/43868
Related Public URLs http://booksandjournals.brillonline.com/content/journals/15718123
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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