The Fundamental Principles of Humanitarian Law through the Case Law of the International Court of Justice
In: Refugee survey quarterly: reports, documentation, literature survey, Band 21, Heft 3, S. 199-211
ISSN: 1020-4067
Draws on case law to examine the contribution of the International Court of Justice to strengthening & clarifying the normative basis of international humanitarian law. Although it has heard a limited number of cases related to humanitarian law, the Court's decisions have gone beyond immediacy to identify & elucidate fundamental principles of international humanitarian law. The Court's decisions are discussed in relation to basic principles of humanitarian law in three categories: conduct of hostilities; treatment of persons in the power of the adverse party; & implementation of international humanitarian law. Special attention is given to the obligation of states to respect international humanitarian law; humanitarian assistance, & the prevention/punishment of genocide. It is maintained that the fundamental principles delineated by the International Court of Justice represent a minimum standard of humanity, a basis for the protection of war victims, & a core of universal humanitarian values that must be shared by all members of the international community & respected in all circumstances to protect human values & life. J. Lindroth