The Role of the Amicus curiae before International Criminal Tribunals

Abstract The amicus curiae brief has increasingly been used before international criminal tribunals. The practice of accepting or inviting amicus curiae briefs or submissions has been included in the rules of procedure and evidence of the ICTY, the ICTR, the Special Court for Sierra Leone and the International Criminal Court. This article examines the role of amicus curiae before international criminal courts, including: how and when amicus are granted permission to appear; how amicus curiae are used by these international courts; the influence, if any, of amicus briefs on decisions and judgments; and whether the role of amicus curiae in international criminal courts has diverged from the traditional concept of an amicus curiae. Also considered are the arguments in support of the continued role of amicus curiae before international criminal tribunals.