The jurisprudence of the International Court of Justice and international criminal courts and tribunals
Convergence and conflicts of human rights and international humanitarian law in military operations
Pretoria : Pretoria University Law Press, 2014
This chapter analyses the jurisprudence of the International Court of Justice and international criminal courts and tribunals in the application of international humanitarian law (IHL) and international human rights law (IHRL). First the chapter places within a broader perspective the role of international courts (ICs) in interpreting and developing the relationship between IHRL and IHL by explaining briefly ICs multifaceted functions in the contemporary legal order. The chapter then examines various topics which are central to both these bodies of law, namely the ICs emphasis on the fundamental shared values of human dignity and humanity; the extension of legal protection for certain categories of persons; the issue of reparations for serious violations of IHL and IHRL; and the role of ICs in preventing such violations. Finally a reflection on the contribution of the ICs to clarifying the issue of the relationship between human rights and humanitarian law is provided.