Despite challenges and criticism, strategic litigation has advanced capacity-builing of legal action by civil society with the prospect to substantially broaden the enforcement of IHL. Therefore, this chapter analyzes its potential to mobilize the law for the strengthening of individual rights. It then explores strategic litigation’s potential for fostering the application, development, and implementation of international law. Next, it focuses on strategic litigation’s capacity for facilitating the enforcement of IHL by initiating the examination of armed conflict situations, by classifying events under IHL and reviewing domestic obligations under IHL. Afterwards, it analyzes the avenues for advancing individual rights to enforce IHL in detail, with a focus on fundamental and human rights as a vehicle. Besides the dimension “to respect” and “to protect”, other German constitutional rules as well as European and international human rights law are explored. Moreover, claims based on domestic law in the areas of administrative, civil, and criminal lawCriminal Law as a vehicle to enforce rules under IHL are examined.

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Potential of Strategic Litigation for Enforcing IHL

  • Vera Strobel

摘要

Despite challenges and criticism, strategic litigation has advanced capacity-builing of legal action by civil society with the prospect to substantially broaden the enforcement of IHL. Therefore, this chapter analyzes its potential to mobilize the law for the strengthening of individual rights. It then explores strategic litigation’s potential for fostering the application, development, and implementation of international law. Next, it focuses on strategic litigation’s capacity for facilitating the enforcement of IHL by initiating the examination of armed conflict situations, by classifying events under IHL and reviewing domestic obligations under IHL. Afterwards, it analyzes the avenues for advancing individual rights to enforce IHL in detail, with a focus on fundamental and human rights as a vehicle. Besides the dimension “to respect” and “to protect”, other German constitutional rules as well as European and international human rights law are explored. Moreover, claims based on domestic law in the areas of administrative, civil, and criminal lawCriminal Law as a vehicle to enforce rules under IHL are examined.