Stappert on the Use of Academic Writings at International Criminal Courts and Tribunals

Nora Stappert, University of Copenhagen, iCourts, Centre of Excellence for International Courts, has published A New Influence of Legal Scholars? The Use of Academic Writings at International Criminal Courts and Tribunals at 31 Leiden Journal of International Law 963 (2018). Here is the abstract.

Which role have international legal scholars played in the development of international criminal law? Building on recent studies of the citation practices of international courts, the article provides an empirical assessment of the use and functions of citations to scholarly writings in the judgements of international criminal courts and tribunals. Using a mixed methods approach, the article combines a) a quantitative analysis of judgements interpreting the law of war crimes across five international and internationalized courts with b) qualitative interviews with judges and legal officers at the International Criminal Court (ICC), the ad hoc Tribunals, and the Special Court for Sierra Leone (SCSL). The article argues that scholarly writings have been strikingly visible in the judgements of international criminal courts and tribunals, and especially at the ICC, which entails significant implications for the functions of academic writings and the role of international legal scholars.

Download the article from SSRN at the link.