| ID | 170425 |
| Title Proper | Function of Amicus Curiae Participation by Legal Scholars |
| Other Title Information | the Al-Bashir Appeal Case at the International Criminal Court as an Illustration |
| Language | ENG |
| Author | Mao, Xiao |
| Summary / Abstract (Note) | In the recent case on non-cooperation of Jordan in the Al-Bashir case, the Appeals Chamber of the International Criminal Court for the first time invited on its initiative amicus curiae submissions by legal scholars. This comment focuses on the role of legal scholars as amici curiae. It argues that based on Martti Koskenniemi’s method on the structure of legal argumentation and analysis of the argumentation structure of several submissions by legal scholars in the Al-Bashir case, the role of legal scholars as amici curiae would better be viewed as grammarians capable of shaping the formulation of arguments of the Court. This view stands contrary to the traditional understanding that the amicus curiae participation can improve the court’s legitimacy by providing a neutral and definite answer to the legal dispute. |
| `In' analytical Note | Chinese Journal of International Law Vol. 18, No.2; Jun 2019: p.393–424 |
| Journal Source | Chinese Journal of International Law Vol: 18 No 2 |
| Key Words | International Criminal Court ; Al-Bashir Appeal |