Silent Enim Leges Inter Arma – But Beware of Background Noises: Domestic Courts as Agents of Development of the Laws of Armed Conflict
Hebrew University Working Paper No. 07-11, 2011
31 Pages Posted: 3 Nov 2011
Date Written: October 30, 2011
Attempts to bring issues related to the laws of armed conflict before domestic courts encounter numerous procedural and substantive obstacles. As a result, there is almost no domestic jurisprudence dealing directly with the law on the conduct of hostilities as a matter of state responsibility. Domestic courts have nonetheless contributed to the development of this law through decisions concerning international criminal law and the law of occupation (and through it, international human rights law). Since each of these spheres of the laws of armed conflict is characterized by different fundamental principles, the limits of reliance on this jurisprudence in developing the law on the conduct of hostilities must be acknowledged, lest the latter be reshaped in a manner which is inconsistent with its basic tenets.
Keywords: laws of armed conflict, conduct of hostilities, international criminal law, law of occupation, domestic courts
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