Introduction
Introduction
This introductory chapter first sets out the book's purpose, which is to analyse the contradictory and often incoherent position in which national courts place themselves when applying international humanitarian law. It proposes a methodology for examining court decisions to determine their functional role. Through a critical reading of case law from different democratic jurisdictions, the book identifies a spectrum of functional roles that judges may assume. They can serve as a legitimating agency of the state; avoid exercising jurisdiction for extra-legal considerations; defer the matter back to the other branches of government; enforce the law as required by the rule of law; or, develop the law and introduce ethical judgment beyond the positive application of the law. The chapter then discusses the political objective of the rule of law framework; national courts and the international legal order; and national courts and the international rule of law. An overview of the subsequent chapters is also presented.
Keywords: international humanitarian law, national courts, judges, functional roles, rule of law, international legal order
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .
