Cambridge Studies in International and Comparative Law
The Judicial Development of International Humanitarian Law
Cambridge Studies in International and Comparative Law
The Judicial Development of International Humanitarian Law
• International courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws.
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• International courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws. Specifically, it considers how international courts have authoritatively addressed the meaning and scope of particular rules, the application of humanitarian law treaties and the customary status of specific norms. Key concepts include armed conflicts and protected persons, guiding principles, fundamental guarantees, means and methods of warfare, enforcement and war crimes. Consideration is also given to the contemporary place of judicial bodies in the international law-making process, the challenges presented by judicial creativity and the role of customary international law in the development of humanitarian law.
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o Book-length treatment of the subject allows the reader to understand the scope of the judicial function in international law generally and its application to international humanitarian law in particular
o Thematic organisation allows reader to focus on specific aspects of the laws of armed conflict, within the broader context of its overall consideration
o Highlights the differing degrees of engagement of judicial bodies with humanitarian law by comparing the approaches of various international and national tribunals, with citations to relevant jurisprudence and literature