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Insights Into an Emerging Relationship: Use of Human Rights Jurisprudence at the International Criminal Court

Jones, Annika

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Authors

Annika Jones



Abstract

This article uses the International Criminal Court’s (ICC’s) first case, Prosecutor v Thomas Lubanaga Dylio, as a lens through which to examine the ICC’s use of regional human rights jurisprudence. Content analysis of 395 judicial decisions has been used to provide an in-depth insight into the use of regional human rights jurisprudence in the early years of the Court’s operation. The analysis reveals frequent reference to, and reliance on, human rights jurisprudence across the Court’s three judicial divisions, throughout all stages of the Court’s proceedings. It also indicates a lack of clarity in the Court’s reasoning as to how reference to regional human rights jurisprudence fits within the ICC’s legal framework and its impact on judicial reasoning. It is argued that while the tendency of the Court’s judges to refer to regional human rights jurisprudence in the Lubanga case is highly beneficial, both for the Court and the development of international law more generally, the ambiguities surrounding the Court’s practice raise several interrelated concerns. Each of these concerns can be addressed through a clearer articulation of the Court’s methodology, which explains the use of regional human rights jurisprudence by reference to the ICC’s rules of applicable law and interpretation.

Citation

Jones, A. (2016). Insights Into an Emerging Relationship: Use of Human Rights Jurisprudence at the International Criminal Court. Human Rights Law Review, 16(4), 701-729. https://doi.org/10.1093/hrlr/ngw026

Journal Article Type Article
Acceptance Date Jan 18, 2016
Online Publication Date Oct 14, 2016
Publication Date Dec 1, 2016
Deposit Date Jan 18, 2016
Publicly Available Date Mar 28, 2024
Journal Human Rights Law Review
Print ISSN 1461-7781
Electronic ISSN 1744-1021
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 16
Issue 4
Pages 701-729
DOI https://doi.org/10.1093/hrlr/ngw026

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Copyright Statement
This is a pre-copyedited, author-produced PDF of an article accepted for publication in Human Rights Law Review following peer review. The version of record Jones, Annika (2016). Insights Into an Emerging Relationship: Use of Human Rights Jurisprudence at the International Criminal Court. Human Rights Law Review, 16(4): 701-729 is available online at: https://doi.org/10.1093/hrlr/ngw026.





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