
Contents
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1. “A Spectre Is Haunting the International Judiciary . . . ” 1. “A Spectre Is Haunting the International Judiciary . . . ”
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2. Provenance of the Participants 2. Provenance of the Participants
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3. Purpose of the PD and OR 3. Purpose of the PD and OR
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3.1. Background Information 3.1. Background Information
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3.2. The PD and OR Preambles 3.2. The PD and OR Preambles
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4. Analysis of the Reasoning 4. Analysis of the Reasoning
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4.1. Reasons for the Announcements 4.1. Reasons for the Announcements
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4.1.1. Criminal Justice Aspects 4.1.1. Criminal Justice Aspects
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4.1.1.1. Emphasis on Victim-centred Arguments 4.1.1.1. Emphasis on Victim-centred Arguments
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4.1.1.2. Defence Rights as an Afterthought? 4.1.1.2. Defence Rights as an Afterthought?
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4.1.2. Institutional Framework Aspects 4.1.2. Institutional Framework Aspects
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4.1.3. Accountability Aspects 4.1.3. Accountability Aspects
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4.1.4. Aspects of Judicial Self-perception 4.1.4. Aspects of Judicial Self-perception
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4.1.4.1. Judicial Ethics Aspects 4.1.4.1. Judicial Ethics Aspects
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4.1.4.2. Judicial Efficiency Aspects 4.1.4.2. Judicial Efficiency Aspects
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4.1.4.3. Judicial Transparency Aspects 4.1.4.3. Judicial Transparency Aspects
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4.1.4.4. Judicial Public Relations Aspects 4.1.4.4. Judicial Public Relations Aspects
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4.1.4.5. Judicial Recruitment 4.1.4.5. Judicial Recruitment
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5. Conclusion 5. Conclusion
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“External Stakeholder Benevolence”: An Emerging Policy Paradigm in International Criminal Justice?—Critical Reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the Efficiency and Legitimacy of International Courts
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Published:August 2019
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Abstract
The debate about concerns surrounding the efficiency and legitimacy of international (criminal) courts has been joined by a new voice, judicial declarations on how proceedings can be expedited and the legitimacy deficit resolved, in particular the Paris Declaration of 2017 and the Oslo Recommendations of 2018, which deal with “enhancing their institutions’ legitimacy in the eyes of diverse stakeholders.” This article queries in detail whether either document manages to do that, as well as the emerging lens of “external stakeholder benevolence.” It argues that a traditional stakeholder theory approach must break down when the decision about the interest (fair trial) against which other stakeholders’ interests are to be balanced has been assigned exclusively to one stakeholder (judges), barring other stakeholders from encroaching on that stakeholder’s position (judicial independence). The judicial perspective on stakeholder-theory-based attempts at defining the parameters of the judicial core environment will thus always be one of intrusion.
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