Citation Practices of the International Criminal Court: The Situation in Darfur, Sudan

What is it about?

This article is my second on the citations of the International Criminal Court. Looking at many citations reveals patterns about the legal authorities that the Court finds important. These patterns in turn say things about the Court; for instance, how party pleadings may affect citations to international tribunals, whether dissenting judges feel more freedom to cite unconventional sources, and how the Prosecution may wield more influence over evidentiary issues than the Defence.

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Why is it important?

This study is unique because it categorizes citations by function (how the Court uses the citation). For instance, the Court may use an authority to support a legal point or to establish a fact. These are important distinctions because not all citations are equally important. The article is timely because the ICC is still a young court. Its precedent is still being established. Understanding the Court's citations at this time may help it and advocates before it mold precedent in a more informed manner.