Judges Law and War * The Judicial Development of International Humanitarian Law
International courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive
rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws. Specifically, it considers how international courts have authoritatively
addressed the meaning and scope of particular rules, the application of humanitarian law treaties and the customary status of specific norms. Key concepts include armed conflicts and protected persons,
guiding principles, fundamental guarantees, means and methods of warfare, enforcement and war crimes. Consideration is also given to the contemporary place of judicial bodies in the international law-making
process, the challenges presented by judicial creativity and the role of customary international law in the development of humanitarian law.
‘The significance of judicial decision-making to the development of law should never be ignored. In this comprehensive and compelling account, Shane Darcy demonstrates just how profound the influence of
judicial decisions has been on the development of international humanitarian law. He mines a rich source of jurisprudence from international courts and tribunals as well as from domestic courts – from the
aftermath of the Second World War right through to the date of publication. This is a ‘must read’ for practitioners and for scholars of international humanitarian law. I will return to it again and again.’ Tim
McCormack, Melbourne Law School, and Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal Court
