The significance of institutional culture in enhancing the validity of international criminal tribunals
When considering the validity of international criminal tribunals, focus is typically and appropriately upon areas of substantive law and procedure and questions of prosecutorial policy. However, to the extent that it is within the capacity of judges to address and resolve challenges to the validity...
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| Format: | Article |
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Brill
2017
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| Online Access: | https://eprints.nottingham.ac.uk/43868/ |
| _version_ | 1848796785825284096 |
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| author | Mistry, Hemi |
| author_facet | Mistry, Hemi |
| author_sort | Mistry, Hemi |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | When considering the validity of international criminal tribunals, focus is typically and appropriately upon areas of substantive law and procedure and questions of prosecutorial policy. However, to the extent that it is within the capacity of judges to address and resolve challenges to the validity of the institution, in order for judges to formulate and implement effective solutions to those challenges it is imperative that an institutional culture is cultivated that is conducive to those ends. This paper explains the relationship between judicial culture and institutional legitimacy, and highlights how recent jurisprudence of the International Criminal Court (ICC) suggests that there is a need for the adoption and implementation of measures to promote the development of a robust institutional culture conducive to resolving the challenges faced by the ICC. |
| first_indexed | 2025-11-14T19:53:30Z |
| format | Article |
| id | nottingham-43868 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T19:53:30Z |
| publishDate | 2017 |
| publisher | Brill |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-438682020-05-04T18:52:20Z https://eprints.nottingham.ac.uk/43868/ The significance of institutional culture in enhancing the validity of international criminal tribunals Mistry, Hemi When considering the validity of international criminal tribunals, focus is typically and appropriately upon areas of substantive law and procedure and questions of prosecutorial policy. However, to the extent that it is within the capacity of judges to address and resolve challenges to the validity of the institution, in order for judges to formulate and implement effective solutions to those challenges it is imperative that an institutional culture is cultivated that is conducive to those ends. This paper explains the relationship between judicial culture and institutional legitimacy, and highlights how recent jurisprudence of the International Criminal Court (ICC) suggests that there is a need for the adoption and implementation of measures to promote the development of a robust institutional culture conducive to resolving the challenges faced by the ICC. Brill 2017-06-28 Article PeerReviewed Mistry, Hemi (2017) The significance of institutional culture in enhancing the validity of international criminal tribunals. International Criminal Law Review, 17 . pp. 703-727. ISSN 1571-8123 Collegiality judicial decision-making dissent ICC deliberations culture ICJ doi:10.1163/15718123-01704006 doi:10.1163/15718123-01704006 |
| spellingShingle | Collegiality judicial decision-making dissent ICC deliberations culture ICJ Mistry, Hemi The significance of institutional culture in enhancing the validity of international criminal tribunals |
| title | The significance of institutional culture in enhancing the validity of international criminal tribunals |
| title_full | The significance of institutional culture in enhancing the validity of international criminal tribunals |
| title_fullStr | The significance of institutional culture in enhancing the validity of international criminal tribunals |
| title_full_unstemmed | The significance of institutional culture in enhancing the validity of international criminal tribunals |
| title_short | The significance of institutional culture in enhancing the validity of international criminal tribunals |
| title_sort | significance of institutional culture in enhancing the validity of international criminal tribunals |
| topic | Collegiality judicial decision-making dissent ICC deliberations culture ICJ |
| url | https://eprints.nottingham.ac.uk/43868/ https://eprints.nottingham.ac.uk/43868/ |