Critical Review of International Jurisprudence

• Manley, Stewart

Abstract

A largely neglected area of study in international law has been referencing patterns by international courts and tribunals. This article assesses referencing data collected from the International Criminal Court’s (ICC) records issued in the Uganda and Central African Republic situations. The data is generally restricted to ‘persuasive citations’ – those references that the ICC’s various chambers have used to help decide a point of law. Covering over 500 records, this study addresses, among other things, the frequency with which the ICC cites its own judgments, the nature of external sources cited, how referencing changes over time and how often individual judges cite their own decisions. The data may prove useful to the ICC itself, advocates who appear before it and scholars of international law.