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Wars of Law
InWars of Law, Tanisha M. Fazal assesses the unintended consequences of the proliferation of the laws of war for the commencement, conduct, and conclusion of wars over the course of the past one hundred fifty years.
After a brief history of the codification of international humanitarian law (IHL), Fazal outlines three main arguments: early laws of war favored belligerents but more recent additions have constrained them; this shift may be attributable to a growing divide between lawmakers and those who must comply with IHL; and lawmakers have been consistently inattentive to how rebel groups might receive these laws.
By using the laws of war strategically, Fazal suggests, belligerents in both interstate and civil wars relate those laws to their big-picture goals. InWars of Law, we learn that, as codified IHL proliferates and changes in character-with an ever-greater focus on protected persons-states fighting interstate wars become increasingly reluctant to step over any bright lines that unequivocally oblige them to comply with IHL. On the other hand, Fazal argues, secessionists fighting wars for independence are more likely to engage with the laws of war because they have strong incentives to persuade the international community that, if admitted to the club of states, they will be good and capable members of that club.
Why have states stopped issuing formal declarations of war? Why have states stopped concluding formal peace treaties? Why are civil wars especially likely to end in peace treaties today? Addressing such basic questions about international conflict, Fazal provides a lively and intriguing account of the implications of the laws of war.
eBook
Lawmaking under Pressure
In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
eBook
The Companion to International Humanitarian Law
The Companion to International Humanitarian Law offers a much-needed tool for both scholars and practitioners, supplying information accessible enough to enable a variety of users to quickly familiarise themselves with it and sufficiently comprehensive to be a source for reflection and further research for more demanding users. Its aim is to facilitate the practical application of IHL, and be of use to a wide audience interested in or confronted with IHL, ranging from professionals in humanitarian assistance and protection in the field, legal officers and advisers at the national and international level, trainers, academics, scholars, and students.
eBook
The Law of International Humanitarian Relief in Non-International Armed Conflicts
This first book-length treatment of the law of international humanitarian relief in non-international armed conflicts examines the rights and duties of fighting parties and international humanitarian relief actors and provides practical guidance for frontline humanitarian negotiators and legal professionals.
eBook
Theorising the responsibility to protect
\"One of the most important developments in world politics in the last decade has been the spread of the idea that state sovereignty comes with responsibilities as well as privileges, and that there exists a global responsibility to protect people threatened by mass atrocities. The principle of the Responsibility to Protect is an acknowledgment by all who live in zones of safety of a duty of care towards those in zones of danger. Thakur and Maley argue that this principle has not been discussed sufficiently in the context of international and political theory, in particular the nature and foundations of political and international order and the strength and legitimacy of the state. The book brings together a range of authors to discuss the different ways in which the Responsibility to Protect can be theorised, using case studies to locate the idea within wider traditions of moral responsibilities in international relations\"-- Provided by publisher.
Book
Humanitarian Intervention
'The genocide in Rwanda showed us how terrible the consequences of inaction can be in the face of mass murder. But the conflict in Kosovo raised equally important questions about the consequences of action without international consensus and clear legal authority. On the one hand, is it legitimate for a regional organization to use force without a UN mandate? On the other, is it permissible to let gross and systematic violations of human rights, with grave humanitarian consequences, continue unchecked?' (United Nations Secretary-General Kofi Annan). This book is a comprehensive, integrated discussion of 'the dilemma' of humanitarian intervention. Written by leading analysts of international politics, ethics, and law, it seeks, among other things, to identify strategies that may, if not resolve, at least reduce the current tension between human rights and state sovereignty. This volume is an invaluable contribution to the debate on all aspects of this vital global issue.
eBook