{"title":"时而见时而不见:法庭指定的专家,战时赔偿,以及刚果民主共和国诉乌干达案","authors":"S. Murphy, Y. Parkhomenko","doi":"10.1163/18781527-bja10068","DOIUrl":null,"url":null,"abstract":"\nOne intersection between scholarship and practice in international humanitarian law is observable in international litigation concerning violations of the law of war. An interesting example in this regard recently arose in the case by the Democratic Republic of the Congo against Uganda for war-related claims. At the reparations phase, the Court decided not to rely solely on the submissions of the Parties, but to task certain scholars and other experts to answer evidentiary questions. Yet, when the Court’s judgment was issued in February 2022, the role of these experts turned out to be almost negligible, with one significant exception. The overall lesson may be that – while the work of scholars can be highly important for claims practice relating to international humanitarian law – it has its limits, such as when proving and quantifying mass civil injury resulting from a lengthy and complex armed conflict.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Now You See Them, Now You Don’t: Court-Appointed Experts, Wartime Reparations, and the drc v Uganda Case\",\"authors\":\"S. Murphy, Y. Parkhomenko\",\"doi\":\"10.1163/18781527-bja10068\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nOne intersection between scholarship and practice in international humanitarian law is observable in international litigation concerning violations of the law of war. An interesting example in this regard recently arose in the case by the Democratic Republic of the Congo against Uganda for war-related claims. At the reparations phase, the Court decided not to rely solely on the submissions of the Parties, but to task certain scholars and other experts to answer evidentiary questions. Yet, when the Court’s judgment was issued in February 2022, the role of these experts turned out to be almost negligible, with one significant exception. The overall lesson may be that – while the work of scholars can be highly important for claims practice relating to international humanitarian law – it has its limits, such as when proving and quantifying mass civil injury resulting from a lengthy and complex armed conflict.\",\"PeriodicalId\":41905,\"journal\":{\"name\":\"Journal of International Humanitarian Legal Studies\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2023-04-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Humanitarian Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/18781527-bja10068\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Humanitarian Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18781527-bja10068","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Now You See Them, Now You Don’t: Court-Appointed Experts, Wartime Reparations, and the drc v Uganda Case
One intersection between scholarship and practice in international humanitarian law is observable in international litigation concerning violations of the law of war. An interesting example in this regard recently arose in the case by the Democratic Republic of the Congo against Uganda for war-related claims. At the reparations phase, the Court decided not to rely solely on the submissions of the Parties, but to task certain scholars and other experts to answer evidentiary questions. Yet, when the Court’s judgment was issued in February 2022, the role of these experts turned out to be almost negligible, with one significant exception. The overall lesson may be that – while the work of scholars can be highly important for claims practice relating to international humanitarian law – it has its limits, such as when proving and quantifying mass civil injury resulting from a lengthy and complex armed conflict.
期刊介绍:
The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.