The Role Of National Courts In Applying International Humanitarian Law PDF Download
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Author | : Sharon Weill |
Publisher | : OUP Oxford |
Total Pages | : 240 |
Release | : 2014-03-06 |
Genre | : Law |
ISBN | : 0191508616 |
Download The Role of National Courts in Applying International Humanitarian Law Book in PDF, ePub and Kindle
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.
Author | : Sharon Weill |
Publisher | : |
Total Pages | : 165 |
Release | : 2012 |
Genre | : |
ISBN | : |
Download The Role of National Courts in Applying International Humanitarian Law Book in PDF, ePub and Kindle
Author | : Derek Jinks |
Publisher | : Springer |
Total Pages | : 504 |
Release | : 2014-07-01 |
Genre | : Law |
ISBN | : 946265008X |
Download Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies Book in PDF, ePub and Kindle
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.
Author | : Jean-Marie Henckaerts |
Publisher | : Cambridge University Press |
Total Pages | : 610 |
Release | : 2005-03-03 |
Genre | : Law |
ISBN | : 0521808995 |
Download Customary International Humanitarian Law Book in PDF, ePub and Kindle
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.
Author | : Michael Bothe |
Publisher | : Oxford University Press, USA |
Total Pages | : 767 |
Release | : 2013-08-29 |
Genre | : History |
ISBN | : 0199658803 |
Download The Handbook of International Humanitarian Law Book in PDF, ePub and Kindle
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.
Author | : Andre Nollkaemper |
Publisher | : Oxford University Press, USA |
Total Pages | : 769 |
Release | : 2019-01-28 |
Genre | : Law |
ISBN | : 0198739745 |
Download International Law in Domestic Courts Book in PDF, ePub and Kindle
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.
Author | : Shane Darcy |
Publisher | : |
Total Pages | : 396 |
Release | : 2014-09-02 |
Genre | : Human rights |
ISBN | : 9781316004685 |
Download Judges, Law and War Book in PDF, ePub and Kindle
Expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
Author | : Gabrielle Kirk McDonald |
Publisher | : BRILL |
Total Pages | : 2506 |
Release | : 2000-03-01 |
Genre | : Law |
ISBN | : 9789041111340 |
Download Substantive and Procedural Aspects of International Criminal Law Book in PDF, ePub and Kindle
This unique two-volume work seeks for the first time to address in a comprehensive fashion both "substantive" and "procedural" aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field "(Commentary volume)," as well as the underlying documentation for each of the topics addressed "(Documents and Cases volume)," With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions.
Author | : Shane Darcy |
Publisher | : Cambridge University Press |
Total Pages | : 395 |
Release | : 2014-08-07 |
Genre | : Law |
ISBN | : 1139993151 |
Download Judges, Law and War Book in PDF, ePub and Kindle
International courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws. Specifically, it considers how international courts have authoritatively addressed the meaning and scope of particular rules, the application of humanitarian law treaties and the customary status of specific norms. Key concepts include armed conflicts and protected persons, guiding principles, fundamental guarantees, means and methods of warfare, enforcement and war crimes. Consideration is also given to the contemporary place of judicial bodies in the international law-making process, the challenges presented by judicial creativity and the role of customary international law in the development of humanitarian law.
Author | : Ziv Bohrer |
Publisher | : Cambridge University Press |
Total Pages | : 260 |
Release | : 2020-02-29 |
Genre | : Law |
ISBN | : 9781108722988 |
Download Law Applicable to Armed Conflict Book in PDF, ePub and Kindle
Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.