The International Criminal Court as a Law Laboratory: Professional Battles of Control and the ‘Control of the Crime’ Theory

Research output: Contribution to journalJournal articleResearchpeer-review

Standard

The International Criminal Court as a Law Laboratory: Professional Battles of Control and the ‘Control of the Crime’ Theory. / Orina, Nabil Mokaya; Christensen, Mikkel Jarle.

In: Journal of International Criminal Justice, Vol. 20, No. 3, 2022, p. 699-716.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Orina, NM & Christensen, MJ 2022, 'The International Criminal Court as a Law Laboratory: Professional Battles of Control and the ‘Control of the Crime’ Theory', Journal of International Criminal Justice, vol. 20, no. 3, pp. 699-716. https://doi.org/10.1093/jicj/mqac035

APA

Orina, N. M., & Christensen, M. J. (2022). The International Criminal Court as a Law Laboratory: Professional Battles of Control and the ‘Control of the Crime’ Theory. Journal of International Criminal Justice, 20(3), 699-716. https://doi.org/10.1093/jicj/mqac035

Vancouver

Orina NM, Christensen MJ. The International Criminal Court as a Law Laboratory: Professional Battles of Control and the ‘Control of the Crime’ Theory. Journal of International Criminal Justice. 2022;20(3):699-716. https://doi.org/10.1093/jicj/mqac035

Author

Orina, Nabil Mokaya ; Christensen, Mikkel Jarle. / The International Criminal Court as a Law Laboratory: Professional Battles of Control and the ‘Control of the Crime’ Theory. In: Journal of International Criminal Justice. 2022 ; Vol. 20, No. 3. pp. 699-716.

Bibtex

@article{c59225ee76fd4a27b2b2215a652b5027,
title = "The International Criminal Court as a Law Laboratory: Professional Battles of Control and the {\textquoteleft}Control of the Crime{\textquoteright} Theory",
abstract = "This article investigates the International Criminal Court (ICC) as a law laboratory. Inspired by perspectives from the sociology of law, the article analyses how professional agents battled for control over the general direction and specific legal terminology of the Court, especially in its early life. Working also to distance the Court from what was perceived as excessive judicial creativity of the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda, these agents created the conditions for a distinct laboratory of law in which new legal concepts and doctrines could be created. The article analyses in particular one new doctrine, the control theory based on Article 25(3) of the ICC Statute, as emblematic of battles to define the direction of the ICC as a law laboratory.",
author = "Orina, {Nabil Mokaya} and Christensen, {Mikkel Jarle}",
year = "2022",
doi = "10.1093/jicj/mqac035",
language = "English",
volume = "20",
pages = "699--716",
journal = "Journal of International Criminal Justice",
issn = "1478-1387",
publisher = "Oxford University Press",
number = "3",

}

RIS

TY - JOUR

T1 - The International Criminal Court as a Law Laboratory: Professional Battles of Control and the ‘Control of the Crime’ Theory

AU - Orina, Nabil Mokaya

AU - Christensen, Mikkel Jarle

PY - 2022

Y1 - 2022

N2 - This article investigates the International Criminal Court (ICC) as a law laboratory. Inspired by perspectives from the sociology of law, the article analyses how professional agents battled for control over the general direction and specific legal terminology of the Court, especially in its early life. Working also to distance the Court from what was perceived as excessive judicial creativity of the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda, these agents created the conditions for a distinct laboratory of law in which new legal concepts and doctrines could be created. The article analyses in particular one new doctrine, the control theory based on Article 25(3) of the ICC Statute, as emblematic of battles to define the direction of the ICC as a law laboratory.

AB - This article investigates the International Criminal Court (ICC) as a law laboratory. Inspired by perspectives from the sociology of law, the article analyses how professional agents battled for control over the general direction and specific legal terminology of the Court, especially in its early life. Working also to distance the Court from what was perceived as excessive judicial creativity of the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda, these agents created the conditions for a distinct laboratory of law in which new legal concepts and doctrines could be created. The article analyses in particular one new doctrine, the control theory based on Article 25(3) of the ICC Statute, as emblematic of battles to define the direction of the ICC as a law laboratory.

U2 - 10.1093/jicj/mqac035

DO - 10.1093/jicj/mqac035

M3 - Journal article

VL - 20

SP - 699

EP - 716

JO - Journal of International Criminal Justice

JF - Journal of International Criminal Justice

SN - 1478-1387

IS - 3

ER -

ID: 317813405