International Law

New Edited Book on IHL in Judicial and Quasi-Judicial Tribunals

By Ashley Deeks
Thursday, July 31, 2014, 10:22 AM

Asser Press has just published a book entitled, Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies (Derek Jinks, Jackson Nyamuya Maogoto & Solon Solomon, eds.). [Disclosure: I wrote a chapter for the book.]

Here’s the abstract:

International humanitarian law has been perceived till now as encompassing only judicial cases concerning refugee protection or war crimes prosecutions, particularly in domestic fora. Yet, the last decade has witnessed a revolution in the way judicial bodies—international and domestic alike—are ready to tackle complex security aspects pertaining to the laws of war. The present volume follows the international and domestic courts’ jurisprudential evolution as they deal with issues like the classification of armed conflicts, direct participation in hostilities and the nexus between international humanitarian law and human rights law. Projecting the field’s jurisprudential development, the volume examines the role of international humanitarian law also in the realms of quasi-judicial bodies.

The table of contents is here (scroll down to the PDF at the end). The book is broken down into three parts. The first part includes chapters illustrating areas into which IHL has spread: maritime situations, terrorism prosecutions, etc. The second part looks at interactions between IHL and other bodies of law or social science, such as human rights law, domestic law, and psychology. The third part contains country-specific chapters describing ways in which courts in Canada, Switzerland, India, and elsewhere have wrestled with IHL questions.