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

See all articles by Yael Ronen

Yael Ronen

Academic Center for Science and Law, Hod Hasharon; Hebrew University of Jerusalem - Faculty of Law, Minerva Center

Date Written: October 30, 2011

Abstract

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

Suggested Citation

Ronen, Yael, Silent Enim Leges Inter Arma – But Beware of Background Noises: Domestic Courts as Agents of Development of the Laws of Armed Conflict (October 30, 2011). Hebrew University Working Paper No. 07-11, 2011. Available at SSRN: https://ssrn.com/abstract=1953172

Yael Ronen (Contact Author)

Academic Center for Science and Law, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

Hebrew University of Jerusalem - Faculty of Law, Minerva Center ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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