Humanitarian Soft Law in the Light of the Practice of National Courts Affiliated with the Civil Law Legal System

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Beyranvand Farid

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Journal Paper

Paper Information

Journal: International Criminal Law Year:2025 | Volume:3 | Issue:2 Page(s): 17-34

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Information Journal Paper

Title

Humanitarian Soft Law in the Light of the Practice of National Courts Affiliated with the Civil Law Legal System

Author(s)

Beyranvand Farid | Issue Writer Certificate

Keywords

Domestic Courts

Soft Law

International Humanitarian Law

Legal system

Civil Law

Abstract

National courts sometimes encounter pre-produced Soft Law, and sometimes they appear as “producers of Soft Law” by creating practices that contradict existing rules. Pre-produced Soft Law in the light of national court practice has three very important functions: using Soft Law as a tool for interpreting hard rules and norms; strengthening pre-produced Soft Law and helping to transfer it to the space of hard law by creating new customary rules. Subjects of law in the field of International Humanitarian Law seek to achieve their rights in national courts by using Soft Law instruments. In this research, which was conducted using library data and based on the analytical-descriptive method, we asked how the practice of national courts affiliated with Civil Law Legal systems deals with the invocation of Soft Law by subjects of law in the field of humanitarian law. The research findings indicate that these courts are less likely to play the role of Soft Law producers due to the lack of sufficient tools.

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