Judges, Law and War : 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. 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.
- Electronic book text
- 28 Jul 2014
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge University Press (Virtual Publishing)
- Cambridge, United Kingdom
'The significance of judicial decision-making to the development of law should never be ignored. In this comprehensive and compelling account, Shane Darcy demonstrates just how profound the influence of judicial decisions has been on the development of international humanitarian law. He mines a rich source of jurisprudence from international courts and tribunals as well as from domestic courts - from the aftermath of the Second World War right through to the date of publication. This is a 'must read' for practitioners and for scholars of international humanitarian law. I will return to it again and again.' Tim McCormack, Melbourne Law School, and Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal Court 'Shane Darcy's book is outstanding - in terms of its content, its structure and its style. [He] guides readers who are unfamiliar with international humanitarian law one step at a time through that complex subject to an analysis of the indispensable role played by the judges not only in order to impose penal sanctions for violations of that law but also, and that is the main demonstration of the book, to shed light on the intricacies of international humanitarian law. Shane Darcy's particular achievement lies in turning this first-class didactic work into a fascinating book also for the specialists on international humanitarian and criminal law.' Yves Sandoz, Member, International Committee of the Red Cross, former Professor of International Humanitarian Law, University of Fribourg and Geneva Academy of International Humanitarian and Human Rights Law 'This book offers an interesting analysis of significant features in the development of the case law of international criminal courts and tribunals, thus providing for an original and updated contribution to clarifying the current and debated role of jurisprudence as a source of international humanitarian law.' Judge Fausto Pocar, International Criminal Tribunal for the Former Yugoslavia 'Dr Darcy has written a masterly and comprehensive review of the historical growth and development of international humanitarian law and, through it, international criminal law from its early concepts to current applications in the international courts, domestic courts and in critiques by academics and experts ... This work contains a wealth of information and references, reflecting intense and systematic research. It will be essential for students grappling with international humanitarian and international criminal law and as an invaluable reference to practitioners.' Justice Teresa Doherty, Special Court for Sierra Leone 'The author is superbly qualified to undertake his mission. The book is certain to become a staple in the field.' Mohamed Shahabuddeen, former judge, International Court of Justice and International Criminal Tribunal for the Former Yugoslavia
About Shane Darcy
Shane Darcy is a lecturer at the Irish Centre for Human Rights at the National University of Ireland, Galway.
Table of contents
1. Introduction; 2. Judicial decisions in international law; 3. Key categories: armed conflicts and protected persons; 4. Basic principles and fundamental guarantees; 5. Means and methods of warfare; 6. Enforcement; 7. Prosecution of war crimes; 8. Conclusion.