Author Archive

On the exercise of the judicial function at the International Criminal Court: Issues of credibility and structural design

We are disappointed by the quality of some of its judicial proceedings, frustrated by some of the results, and exasperated by the management deficiencies that prevent the Court from living up to its full potential.[1] Prince Zeid Raad Al Hussein, Bruno S. Ugarte, Christian Wenaweser, and Tiina Intelman, former Presidents of the Assembly of States...

Uses and possible misuses of a Comparative International Law approach

1. The question In a recent monograph[1] and in a subsequent edited volume,[2] Anthea Roberts makes the case for the adoption of a comparative international law (CIL)[3] approach in the study and practice of international law.[4] CIL is a project addressed primarily to international lawyers rather than States.[5] It offers a vision of what international...

Of efficiency and fairness in the administration of international justice: Can the Residual Mechanism provide adequately reasoned judgments?

1. The issue This paper discusses some of the structural and procedural innovations that the Security Council introduced in the Statute of the International Residual Mechanism for Criminal Tribunals (Mechanism)[1] and reflects on how some of these developments impact on the exercise of the Mechanism’s judicial function. These innovations constitute a unicum in the field...