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Faculty Publications

International Law

2021

Concurring Opinions (Law)

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The Impact Of Separate Opinions On International Criminal Law, Nancy Amoury Combs Oct 2021

The Impact Of Separate Opinions On International Criminal Law, Nancy Amoury Combs

Faculty Publications

Dissents have had a tumultuous history in national and international courts throughout the world. Initially reviled, dissents have come to be a well-accepted, even praiseworthy, component of the American judicial system, and they have traversed the same trajectory in other countries as well as in international courts and tribunals. Particularly noteworthy among international courts are those created to prosecute perpetrators of mass atrocities, such as genocide, crimes against humanity, and war crimes. And nowhere are dissents more common than in these mass atrocity courts. Yet, as prevalent as these dissents are, they have received virtually no scholarly or practical attention. …