This chapter will analyze the impact of strategic litigation. Strategic resort to the judiciary may influence the case law as well as the executive and legislative branches, legal protectionLegal Protection and legal mobilization, access to justice and the legal system. Besides influence on legal and institutional aspects, there may also be an impact of strategic litigation on government policy and politics in a broader sense. Additionally, the impact of strategic litigation on victims and individuals in similar situations will be discussed. The impact of strategic litigation on society will also be analyzed. The chapter further examines the impact and influence of strategic litigation as a form of legal activism generally, and in enforcing compliance with IHL, in particular. It identifies factors for determining impact, and analyzes contributions to the compliance, disseminationDissemination, and enforceability of IHL. Especially the role of strategic litigation in promoting the domestic enforceability of IHL will be explored. Additionally, the contribution of strategic litigation to fact-finding and its influence on the incorporation of IHL into national policies will be examined. Lastly, the impact of strategic litigation on the dissemination of IHL will be briefly analyzed.

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The Impact of Strategic Litigation

  • Vera Strobel

摘要

This chapter will analyze the impact of strategic litigation. Strategic resort to the judiciary may influence the case law as well as the executive and legislative branches, legal protectionLegal Protection and legal mobilization, access to justice and the legal system. Besides influence on legal and institutional aspects, there may also be an impact of strategic litigation on government policy and politics in a broader sense. Additionally, the impact of strategic litigation on victims and individuals in similar situations will be discussed. The impact of strategic litigation on society will also be analyzed. The chapter further examines the impact and influence of strategic litigation as a form of legal activism generally, and in enforcing compliance with IHL, in particular. It identifies factors for determining impact, and analyzes contributions to the compliance, disseminationDissemination, and enforceability of IHL. Especially the role of strategic litigation in promoting the domestic enforceability of IHL will be explored. Additionally, the contribution of strategic litigation to fact-finding and its influence on the incorporation of IHL into national policies will be examined. Lastly, the impact of strategic litigation on the dissemination of IHL will be briefly analyzed.