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

Mistry, Hemi

Authors

Hemi Mistry hemi.mistry@nottingham.ac.uk



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.

Journal Article Type Article
Journal International Criminal Law Review
Print ISSN 1567-536X
Electronic ISSN 1571-8123
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Volume 17
APA6 Citation Mistry, H. (in press). The significance of institutional culture in enhancing the validity of international criminal tribunals. International Criminal Law Review, 17, doi:10.1163/15718123-01704006
DOI https://doi.org/10.1163/15718123-01704006
Keywords Collegiality, judicial decision-making, dissent, ICC, deliberations, culture, ICJ
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.nottingh.../end_user_agreement.pdf

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Final Article April 2017 Mistry.pdf (584 Kb)
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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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