Minnesota Law Review
In the absence of a single authoritative mechanism to interpret humanitarian law, a number of treaty bodies, national courts, regional human rights courts/commissions, international tribunals, and thematic mechanisms have been called upon to address humanitarian law issues. Prime among these institutions is the United States Supreme Court. Though only in a small number of cases, the Court has relied on humanitarian law principles and treaties from the early days of the Republic to the “war on terrorism.” In what ways does the Court invoke this body of law and how competent is its analysis? Is the Court institutionally equipped to play a meaningful role in the development of humanitarian law?
David Weissbrodt and Nathaniel H. Nesbitt, The Role of the United States Supreme Court in Interpreting and Developing Humanitarian Law, 95 Minn. L. Rev. 1339 (2011), available at http://scholarship.law.umn.edu/faculty_articles/250.