European University Institute Library

The role of national courts in applying international humanitarian law, Sharon Weill

eng

Includes bibliographical references and index

index present

non fiction

The role of national courts in applying international humanitarian law

bibliography

878853312

Sharon Weill

International law in domestic legal orders

Evaluates how domestic courts have interpreted and applied international humanitarian law, and shows how their interpretations can differ Establishes a methodology to critically assess the actions of domestic courts on a scale from acting as apologists for the use of force to actively promoting and enhancing international humanitarian law Provides a detailed analysis of several key jurisdictions as case studies: the UK, US, Canada, Italy, Israel, and Serbia, and investigates how their rulings demonstrate the approach taken by each court 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.--, Provided by Publisher