The Role Of National Courts In Applying International Humanitarian Law
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The Role of National Courts in Applying International Humanitarian Law
Author | : Sharon Weill |
Publsiher | : OUP Oxford |
Total Pages | : 360 |
Release | : 2014-03-06 |
Genre | : Law |
ISBN | : 9780191508622 |
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International law is increasingly applied in domestic courts. This can result in situations where the courts are being asked to rule on politically sensitive issues, especially issues which involve actions during armed conflicts. Domestic courts do not show a uniformity of approach in addressing cases concerning international humanitarian law, and can often be seen to differ markedly in their response. The book argues that different national courts demonstrate different functional roles in different countries. These can be situated on a scale from apology to utopia, which can be set out as follows: (1) the apologist role of courts, in which they serve as a legitimating agency of the state's actions; (2) the avoiding role of courts, in which they, for policy considerations, avoid exercising jurisdiction over a case; (3) The deferral role of courts, in which courts defer back to the other branches of the government the responsibility of finding an appropriate remedy (4) the normative application role of courts, in which they apply international humanitarian law as required by the rule of law; and (5) the utopian role of courts, in which they introduce moral judgments in favour of the protection of the individual, beyond the requirements of the law. The book investigates the rulings of five key domestic courts, those of the UK, the USA, Canada, Italy, and Israel, to understand how their approaches differ, and where their practice can be placed on the methological scale. This analysis has been assisted by the author's extensive field work, notably in Israel and in the Occupied Palestinian Territories. Providing a detailed understanding each court's function, the book offers a critical analysis of the courts' rulings, in which both the legal arguments and the political context of cases they have ruled on are examined. The book shows that the functional role of the national courts is a combination of contradictions and mixed attitudes, and that national courts are in the process of defining their own role as enforcing organs of international humanitarian law.
Applying International Humanitarian Law in Judicial and Quasi Judicial Bodies
Author | : Derek Jinks,Jackson N. Maogoto,Solon Solomon |
Publsiher | : Springer |
Total Pages | : 504 |
Release | : 2014-07-01 |
Genre | : Law |
ISBN | : 9789462650084 |
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The work analyzes the impact and implementation of international humanitarian law in judicial and quasi judicial bodies. Moreover, acknowledging the high impact domestic jurisdictions have in the configuration of international law, the book does not rest only in an analysis of the international jurisprudence, but delves also into the question of how domestic courts relate to international humanitarian law issues.
Implementing International Humanitarian Law
Author | : Yusuf Aksar |
Publsiher | : Psychology Press |
Total Pages | : 352 |
Release | : 2004 |
Genre | : Law |
ISBN | : 0714684708 |
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This book examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR).
Customary International Humanitarian Law
Author | : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge |
Publsiher | : Cambridge University Press |
Total Pages | : 610 |
Release | : 2005-03-03 |
Genre | : Law |
ISBN | : 9780521808996 |
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Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
The Handbook of International Humanitarian Law
Author | : Michael Bothe |
Publsiher | : Oxford University Press |
Total Pages | : 767 |
Release | : 2013-08-29 |
Genre | : History |
ISBN | : 9780199658800 |
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The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
International Law in Domestic Courts
Author | : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger |
Publsiher | : Oxford University Press, USA |
Total Pages | : 769 |
Release | : 2019-01-28 |
Genre | : Law |
ISBN | : 9780198739746 |
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The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Judges Law and War
![Judges Law and War](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Shane Darcy |
Publsiher | : Unknown |
Total Pages | : 396 |
Release | : 2014-09-02 |
Genre | : Human rights |
ISBN | : 1316004686 |
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Expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
Judges Law and War
Author | : Shane Darcy |
Publsiher | : Cambridge University Press |
Total Pages | : 395 |
Release | : 2014-08-07 |
Genre | : History |
ISBN | : 9781107060692 |
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This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.