Titlebook: Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies; International and Do Derek Jinks,Jackson N. Maogoto,Solon So

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https://doi.org/10.1007/BFb0081279nciples of international criminal justice, especially the legality principle. The importance of this approach cannot be underestimated, as Cambodia strives to deal with accountability and to avoid the pitfalls of the previous . tribunals. The discussion will then turn towards an analysis of the laws

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https://doi.org/10.1007/978-94-017-9430-5le that norms of international humanitarian law play in the extraterritorial application of Canadian constitutional law. The author concludes by calling upon international tribunals adjudicating war crimes and crimes against humanity to consider as a useful resource the now extensive body of cases e

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Classical Systems with InteractionsCommission’s reasoning on the genocide question to its stipulation that it is “not a judicial body,” a very restrictive understanding of its role that limited cohesion with the standards of other legal bodies involved in the ongoing crisis.

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Domestic Humanitarian Law: Developing the Law of War in Domestic Courtspret, extend, and craft laws applicable in armed conflict, producing what this chapter terms ‘domestic humanitarian law’ (‘DHL’). DHL is important for two reasons. First, it establishes detailed, legally binding rules by which particular states’ militaries must conduct themselves in extra-territoria

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Beyond Life and Limb: Exploring Incidental Mental Harm Under International Humanitarian Lawvincing. All in all, the chapter asserts that it is high time that states, commanders, judges and fact-finding missions take incidental mental harm seriously, if IHL is to maintain its integrity as a legal field setting out to minimize civilian harm.

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Armed Conflict and the Inter-American Human Rights System: Application or Interpretation of Internatjudicial bodies whose ratione materie is limited to human rights law. The author suggests that the current position of international humanitarian law within the Inter-American Human Rights System is a result of jurisdictional restraints, and not to the substantive differences between the two areas o

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The European Court of Human Right’s Engagement with International Humanitarian Law In such cases, the Court has been even more unwilling to engage with humanitarian law. A brief case study of two subjects that are of central importance in armed conflicts, namely the use of lethal force and the grounds for detention, show that this reluctance is carried through to the interpretati

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The Interaction Between Domestic Law and International Humanitarian Law at the Extraordinary Chambernciples of international criminal justice, especially the legality principle. The importance of this approach cannot be underestimated, as Cambodia strives to deal with accountability and to avoid the pitfalls of the previous . tribunals. The discussion will then turn towards an analysis of the laws