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Judicial Cross-Referencing and the Identity of the ICC

Jones, Annika

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Authors

Annika Jones



Abstract

This article offers the first comprehensive analysis of the International Criminal Court’s use of external jurisprudence in the first case to be completed before the ICC: the case of Prosecutor v Thomas Lubanga Dyilo. Content analysis of 406 decisions, produced over a 10-year period, from February 2006 to October 2016, is used to reveal the impact of external case law on the Court’s decision making and, in turn, several aspects of the Court’s identity. It is argued that the approach that the judges have taken to external jurisprudence in the Lubanga case raises issues of legitimacy, fairness and cultural bias. The issues can be tackled through the provision of clearer judicial reasoning, which would entail clarification of the relevant rules of applicable law and interpretation. The analysis also reinforces calls for greater geographical representation within the Court and continued efforts to enhance the accessibility of international case law.

Citation

Jones, A. (2018). Judicial Cross-Referencing and the Identity of the ICC. North Carolina journal of international law and commercial regulation, 43(1), 72-129

Journal Article Type Article
Acceptance Date Sep 12, 2017
Online Publication Date Apr 30, 2018
Publication Date Apr 30, 2018
Deposit Date Oct 25, 2017
Publicly Available Date Mar 29, 2024
Journal North Carolina journal of international law and commercial regulation
Print ISSN 0743-1759
Publisher Unc School of Law
Peer Reviewed Peer Reviewed
Volume 43
Issue 1
Pages 72-129
Publisher URL https://scholarship.law.unc.edu/ncilj/

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