The Role of National Courts in Applying International Humanitarian Law

— —

Sharon Weill (, Researcher and Lecturer, Univ ersity of Geneva / The Graduate Institute of International and Development Studies (CERAH) and Sciences Po (Paris)) Toby Miller

The Role of National Courts in Applying International Humanitarian Law

Sharon Weill (, Researcher and Lecturer, Univ ersity of Geneva / The Graduate Institute of International and Development Studies (CERAH) and Sciences Po (Paris)), Toby Miller, Sharon Weill

$342

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Oxford University Press
15 January 2014

Law; Comparative law; International humanitarian law; Courts & procedure

Series: International Law and Domestic Legal Orders

International law is increasingly applied in domestic courts. This can result in situations where the courts are being asked to rule on politically sensitive issues, especially issues which involve actions during armed conflicts. Domestic courts do not show a uniformity of approach in addressing cases concerning international humanitarian law, and can often be seen to differ markedly in their response. The book argues that different national courts demonstrate different functional roles in different countries. These can be situated on a scale from apology to utopia, which can be set out as follows: (1) the apologist role of courts, in which they serve as a legitimating agency of the state's actions; (2) the avoiding role of courts, in which they, for policy considerations, avoid exercising jurisdiction over a case; (3) The deferral role of courts, in which courts defer back to the other branches of the government the responsibility of finding an appropriate remedy (4) the normative application role of courts, in which they apply international humanitarian law as required by the rule of law; and (5) the utopian role of courts, in which they introduce moral judgments in favour of the protection of the individual, beyond the requirements of the law. The book investigates the rulings of five key domestic courts, those of the UK, the USA, Canada, Italy, and Israel, to understand how their approaches differ, and where their practice can be placed on the methological scale. This analysis has been assisted by the author's extensive field work, notably in Israel and in the Occupied Palestinian Territories. Providing a detailed understanding each court's function, the book offers a critical analysis of the courts' rulings, in which both the legal arguments and the political context of cases they have ruled on are examined. The book shows that the functional role of the national courts is a combination of contradictions and mixed attitudes, and

that national courts are in the process of defining their own role as enforcing organs of international humanitarian law.

By: Sharon Weill ( Researcher and Lecturer Univ ersity of Geneva / The Graduate Institute of International and Development Studies (CERAH) and Sciences Po (Paris)), Toby Miller, Sharon Weill
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 163mm, Spine: 22mm
Weight: 512g
ISBN: 9780199685424
ISBN 10: 0199685428
Series: International Law and Domestic Legal Orders
Pages: 242
Publication Date: 15 January 2014
Audience: College/higher education , Further / Higher Education , A / AS level
Format: Hardback
Publisher's Status: Active

Dr Sharon Weill is an international lawyer specializing in international humanitarian law. Her particular field of interest is the relationship between international and domestic law and the judicial enforcement mechanism of international law at a national level. In this context, she conducted a number of field researches in Israel and Palestine (most notably in the Israeli military courts in the Occupied Palestinian Territories) and in the Balkans (Serbian war crimes chamber). In parallel to her academic work, Dr Weill gives seminars on a regular basis for NGOs practitioners. She writes reports for NGOs and media, and has worked with the UN fact finding mission into the Gaza conflict in 2010.

Reviews for The Role of National Courts in Applying International Humanitarian Law

Sharon Weill pursues her aim to deconstruct and contextualize national court decisions stringently. She reveals a clear position of what courts should legitimately do when deciding in the context of armed conflicts... Thus the book is thought provoking. Heike Krieger, German Yearbook of International Law This unique and important study explores the complexity of international humanitarian law when it is implemented by national courts. As Sharon Weill explains, sometimes the national judiciary acts as little more than an apologist while sometimes it makes an inspired contribution to the protection of the most vulnerable during times of armed conflict. Too often, simple or simplistic answers are presented to the problems that arise in this area, but not in this thought-provoking study. William A. Schabas, Professor of international law, Middlesex University London