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Durham University

Durham Law School

Staff profile

Publication details for Dr Annika Jones

Jones, Annika (2018). Judicial Cross-Referencing and the Identity of the ICC. North Carolina Journal of International Law 43(1): 72-129.

Author(s) from Durham

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.