Building Respect for International Humanitarian Law Through National Courts
International Review of the Red Cross, Vol. 96, Nos. 895-896, Autumn/Winter 2014
21 Pages Posted: 11 Feb 2016 Last revised: 24 Feb 2016
Date Written: 2014
Respect for international humanitarian law (IHL) comes in many forms, one of which is through the practice of domestic courts in addressing IHL-related cases. This article takes a closer look at the structural conditions necessary for the effective enforcement of IHL by domestic courts, elaborates on the spectrum of options that are available to national judges when faced with IHL-related cases, and describes the functional roles of courts in adopting a particular posture. It is demonstrated that even if the structural conditions are fulfilled, this will not necessarily result in the normative application of the law. It appears that national judges are in the process of defining their own roles as independent organs for overseeing the State’s acts during armed conflicts. In that regard, the article outlines a few suggestions for future research on the choices courts make and the conditions necessary for them to effectively handle IHL-related cases.
Keywords: IHL, international law and domestic courts, law and conflicts, judicial review, rule of law, enforecement of international law
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