The Jurisprudence of the International Court of Justice and International Criminal Courts and Tribunals
G. Zyberi, ‘The Jurisprudence of the International Court of Justice and International Criminal Courts and Tribunals’, in Erika de Wet and Jann Kleffner (eds.), Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations (Pretoria University Law Press, 2014),
22 Pages Posted: 13 Feb 2015
Date Written: 2014
First, this chapter will place within a broader perspective the role of ICs in interpreting and developing the relationship between IHRL and IHL by explaining briefly ICs multifaceted functions in the contemporary international legal order. Second, a number of selected topics are dealt with in more detail on the basis of the case law and other relevant activities of ICs. These topics, which are central to both these bodies of law, include the ICs emphasis on fundamental shared values as human dignity and humanity; the extension of legal protection for certain categories of persons against internationally recognised crimes; the issue of reparations for serious violations of human rights and humanitarian law; and, the role of ICs in preventing such serious violations. Finally, a reflection on the contribution of ICs to clarifying the issue of the relationship between human rights and humanitarian law is provided.
Keywords: international courts, international human rights law, international humanitarian law
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