Suchergebnisse

The defences available to an agent accused of wrongdoing can be considered as justifications (which render acts lawful) or excuses (which shield the agent from the legal consequences of the wrongful act). This distinction is familiar to many domestic legal systems, and tracks analogous notions in moral philosophy and ordinary language. Nevertheless, it remains contested in some domestic jurisdictions where it is often argued that the distinction is purely theoretical and has no consequences in practice. In international law too the distinction has been fraught with controversy, though there are increasing calls for its recognition. This book is the first to comprehensively and thoroughly examine the distinction and its relevance to the international legal order. Combining an analysis of state practice, and historical, doctrinal and theoretical developments, the book shows that the distinction is not only possible in international law but that it is also one that would have important practical implications.

Foreword : IHL in a time of crisis - back to the basics? / Guido Acquaviva -- Promoting the teaching of IHL in universities : overview, successes, and challenges of the icrc's approach / Etienne Kuster -- Experiences in engaging states and non-state armed groups to further respect for international humanitarian law / Jonathan Somer and Andrew Carswell -- Legislative measures in international humanitarian law : a jigsaw of subtle fragmentation / Azra Kuci and Jelena Plamenac -- The future of the international humanitarian fact-finding commission : a possibility to overcome the weakness of IHL compliance mechanisms? / Robert Heinsch -- The role of United Ntions commissions of inquiry in the implementation of IHL : potential and challenges / Theo Boutruche -- The intricate relationship between international human rights law and international humanitarian law in the European Court for Human Rights case law : an analysis of the specific case of detention in non-international armed conflicts / Damien Scalia and Marie-Laurence Hebert-Dolbec -- International humanitarian law in the jurisprudence of international criminal tribunals and courts / Alessandra Spadaro -- Entries