Strategic litigation goes beyond individual cases, aiming for broader legal or socio-political change by utilizing strategic methods and carefully selecting plaintiffs and legal fora. It allows civil society to influence the interpretation and enforcement of laws, addressing national and international issues. A novel trend is the use of arguments based on international law, such as international humanitarian law (IHL), in transnational cases heard by domestic, regional, and international courts. In armed conflicts, IHL modifies human rights protection, complicating access to justice. This book analyzes the role of strategic litigation in enforcing compliance with IHL by using novel legal approaches via individual rights. This chapter identifies the goals of this book, explains its approach, scope and importance. It defines the term of strategic litigation and similar terms, its transnational aspects and explains the book’s focus on the enforcement of IHL in situations of armed conflict.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Introduction to the Book and Topic

  • Vera Strobel

摘要

Strategic litigation goes beyond individual cases, aiming for broader legal or socio-political change by utilizing strategic methods and carefully selecting plaintiffs and legal fora. It allows civil society to influence the interpretation and enforcement of laws, addressing national and international issues. A novel trend is the use of arguments based on international law, such as international humanitarian law (IHL), in transnational cases heard by domestic, regional, and international courts. In armed conflicts, IHL modifies human rights protection, complicating access to justice. This book analyzes the role of strategic litigation in enforcing compliance with IHL by using novel legal approaches via individual rights. This chapter identifies the goals of this book, explains its approach, scope and importance. It defines the term of strategic litigation and similar terms, its transnational aspects and explains the book’s focus on the enforcement of IHL in situations of armed conflict.