The ICJ's role in determining accountability for violations of international humanitarian law
Accountability for violations of international humanitarian law : essays in honour of Tim McCormack
New York ; London : Routledge, 2016
Andrew Coleman's chapter concerns the role of the International Court of Justice regulating IHL. The chapter highlights the lack of attention in scholarly writing to this particular role of this court. He observes that although IHL clearly falls within this court's jurisdiction, many doubts have been raised by commentators in view of the recent and heavily criticised Bosnian Genocide Case and the subsequent Kosovo Opinion. Colman argues that the court's decisions in these two cases have rather promoted the idea of prevention of IHL violations by "establishing code of conduct that promotes people's rights, and international humanitarian values over antiquated notions of sovereignty and States' rights". Colman concludes that the International Court of Justice can make, and has already made, a major contribution to protection international humanitarian values and IHL.
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