The Role of National Courts in Applying International Humanitarian Law
International law is increasingly applied in domestic courts. In light of this relatively new trend, the book aims at drawing a theoretical framework for analysing the role of national courts in adjudicating cases related to armed conflicts. Through the deconstruction of an extensive scope of case law from different jurisdictions (US, UK, Canada, Israel, Italy, Serbia and others), in which the legal argument and the broader political context are examined, several functional roles are identified. These include the apologist, the avoiding, the deferring , the normative application and the utopian roles. As the book demonstrates, the role of the national courts is a combination of contradictions and mixed attitudes. Still, it would seem national courts are well in the process of shaping their own roles as enforcing organs of international law.
Author: Dr. Sharon Weill
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