The Use of International Jurisprudence in Domestic Courts: The Israeli Experience
Marlene Wind (ed) International Law and Domestic Politics (Forthcoming)
22 Pages Posted: 26 Apr 2015
Date Written: April 25, 2015
This article examines the practice of the Israeli Supreme Court in referencing the jurisprudence of international courts and tribunals when interpreting international law by which Israel is bound. It notes the paucity of such referencing and examines its uses. While international jurisprudence has a very limited role in guiding the Court’s own interpretative enterprise, it serves the Court in enhancing the legitimacy of its decisions in the eyes of both domestic and international audiences.
Keywords: international courts and tribunals, legitimacy, laws of armed conflict, Israel
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