Annika Jones
Insights Into an Emerging Relationship: Use of Human Rights Jurisprudence at the International Criminal Court
Jones, Annika
Authors
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 | Oct 14, 2018 |
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 |
Public URL | https://durham-repository.worktribe.com/output/1414756 |
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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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