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The amicus curiae - or friend of the court - is the main mechanism
for actors other than the parties, including civil society actors
and states, to participate directly in proceedings in international
criminal tribunals. Yet reliance on this mechanism raises a number
of significant questions concerning: the functions performed by
amici, which actors seek to intervene and why, and the influence of
amicus interventions on judicial outcomes. Ultimately, the amicus
curiae may have a significant impact on the fairness,
representativeness and legitimacy of the tribunals' proceedings and
decisions. This book provides a comprehensive examination of the
amicus curiae practice of the International Criminal Court and
other major international criminal tribunals and offers suggestions
for the role of the amicus curiae. In doing so, the authors develop
a framework to augment the potential contributions of amicus
participation in respect of the legitimacy of international
criminal tribunals and their decisions, while minimising
interference with the core judicial competence of the tribunal and
the right of the accused to a fair and expeditious trial.
The amicus curiae - or friend of the court - is the main mechanism
for actors other than the parties, including civil society actors
and states, to participate directly in proceedings in international
criminal tribunals. Yet reliance on this mechanism raises a number
of significant questions concerning: the functions performed by
amici, which actors seek to intervene and why, and the influence of
amicus interventions on judicial outcomes. Ultimately, the amicus
curiae may have a significant impact on the fairness,
representativeness and legitimacy of the tribunals' proceedings and
decisions. This book provides a comprehensive examination of the
amicus curiae practice of the International Criminal Court and
other major international criminal tribunals and offers suggestions
for the role of the amicus curiae. In doing so, the authors develop
a framework to augment the potential contributions of amicus
participation in respect of the legitimacy of international
criminal tribunals and their decisions, while minimising
interference with the core judicial competence of the tribunal and
the right of the accused to a fair and expeditious trial.
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