Building respect for IHL through national courts
Bibliographic Data
| ID | 12851985 |
|---|---|
| Authors | Sharon Weill (0009-0008-0319-680X, corresponding author) |
| Year | 2014 |
| Volume | 96 |
| Issue | 895-896 |
| Pages | 859-879 |
| Publication date | 2014-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Review of the Red Cross (JOURNAL) |
| Journal identifiers | ISSN: 1607-5889 • E-ISSN: 1816-3831 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1816383115000739 |
| OpenAlex | W2284616707 |
| Language | EN |
| References cited | 12 |
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
Business · Enforcement · Human rights · International humanitarian law · Law and economics · Normative · Political science · Process (computing · Sociology · State (computer science · Computer Science · Human Rights and Development · International Arbitration and Investment Law · International Law and Human Rights · Law
The relationship between international humanitarian law and human rights law from the perspective of a human rights treaty body
The relationship between international humanitarian and human rights law where it matters
German Yearbook of International Law
National Courts, Domestic Democracy, and the Evolution of International Law
Judges and Foreign Affairs
On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law
Judicial Misgivings Regarding the Application of International Law
The Four Doctrines of Self-Executing Treaties
Presidential Power and the United States Supreme Court
International law and the 'war against terrorism
| Citation velocity | historical |
|---|---|
| Highly cited | No |