Bulletin n. 1/2017
June 2017
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Annika Jones
    Insights Into an Emerging Relationship: Use of Human Rights Jurisprudence at the International Criminal Court
    in Human Rights Law Review , volume 16, issue 4 ,  2016 ,  701-729
    This article uses the International Criminal Courtís (ICCís) first case, Prosecutor v Thomas Lubanaga Dylio, as a lens through which to examine the ICCís 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 Courtís operation. The analysis reveals frequent reference to, and reliance on, human rights jurisprudence across the Courtís three judicial divisions, throughout all stages of the Courtís proceedings. It also indicates a lack of clarity in the Courtís reasoning as to how reference to regional human rights jurisprudence fits within the ICCís legal framework and its impact on judicial reasoning. It is argued that while the tendency of the Courtís 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 Courtís practice raise several interrelated concerns. Each of these concerns can be addressed through a clearer articulation of the Courtís methodology, which explains the use of regional human rights jurisprudence by reference to the ICCís rules of applicable law and interpretation.
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