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All Outputs (11)

Joint opinion (2023)
Other
Mistry, H. (2023). Joint opinion. [Online]

A Performative Theory of Judicial Dissent (2023)
Journal Article
Mistry, H. (2023). A Performative Theory of Judicial Dissent. Modern Law Review, 86(3), 729-755. https://doi.org/10.1111/1468-2230.12786

This article introduces a ritual theory of judicial dissent. Conventional accounts of the functions of judicial dissent, whether in the context of domestic or international judicial systems, can be grouped into three thematic categories: ‘dissent as... Read More about A Performative Theory of Judicial Dissent.

Referral by the United Nations Security Council: International Criminal Court (ICC) (2021)
Other
Mistry, H. (2021). Referral by the United Nations Security Council: International Criminal Court (ICC). [Online]

The Max Planck Encyclopedia of International Procedural Law (EiPro) features detailed accounts of key events, concepts and institutions, original research, rich historical contextualization, in-depth legal analyses, and critical assessments of existi... Read More about Referral by the United Nations Security Council: International Criminal Court (ICC).

‘The different sets of ideas at the back of our heads’: Dissent and authority at the International Court of Justice (2019)
Journal Article
Mistry, H. (2019). ‘The different sets of ideas at the back of our heads’: Dissent and authority at the International Court of Justice. Leiden Journal of International Law, 32(2), 293-313. https://doi.org/10.1017/S0922156519000049

© 2019 Foundation of the Leiden Journal of International Law. Additional opinions (AOs) - dissenting opinions, separate opinions and declarations, whether authored individually or jointly - are a distinctive characteristic of the ICJ's jurisprudence.... Read More about ‘The different sets of ideas at the back of our heads’: Dissent and authority at the International Court of Justice.

The significance of institutional culture in enhancing the validity of international criminal tribunals (2017)
Journal Article
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

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... Read More about The significance of institutional culture in enhancing the validity of international criminal tribunals.

The paradox of dissent: judicial dissent and the projects of international criminal justice (2015)
Journal Article
Mistry, H. (in press). The paradox of dissent: judicial dissent and the projects of international criminal justice. Journal of International Criminal Justice, 13(3), https://doi.org/10.1093/jicj/mqv019

Additional opinions — dissenting opinions, separate opinions, declarations, and permutations thereof — are a familiar, if sometimes controversial, aspect of the international jurisprudential landscape. Given that the controversy provoked by additiona... Read More about The paradox of dissent: judicial dissent and the projects of international criminal justice.