The International Humanitarian Order

The International Humanitarian Order
Author: Michael Barnett
Publisher: Routledge
Total Pages: 505
Release: 2009-12-16
Genre: Political Science
ISBN: 1135190550

One of the genuinely remarkable but relatively unnoticed developments of the last half-century is the blossoming of an international humanitarian order – a complex of norms, informal institutions, laws, and discourses that legitimate and compel various kinds of interventions by state and nonstate actors with the explicit goal of preserving and protecting human life. For those who have sacrificed to build this order, and for those who have come to rely on it, the international humanitarian represents a towering achievement cause for sobriety. What kind of international humanitarian order is being imagined, created and practiced? To what extent are the international agents of this order deliverers of progress or disappointment? Featuring previously published and original essays, this collection offers a critical assessment of the practices and politics of global ethical interventions in the context of the post-cold war transformation of the international humanitarian order. After an introduction that introduces the reader to the concept and the significance of the international humanitarian order, Section I explores the braided relationship between international order and the UN, whiles Section II critically examines international ethics in practice. The Conclusion reflects on these and other themes, asking why the international humanitarian order retains such a loyal following despite its flaws, what is the relationship of this order to power and politics, how such relationships implicate our understanding of moral progress, and how the international humanitarian order challenges both practitioners and scholars to rethink the meaning of their vocations.

Lawmaking under Pressure

Lawmaking under Pressure
Author: Giovanni Mantilla
Publisher: Cornell University Press
Total Pages: 167
Release: 2020-12-15
Genre: Law
ISBN: 1501752596

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.

War, States, and International Order

War, States, and International Order
Author: Claire Vergerio
Publisher: Cambridge University Press
Total Pages: 319
Release: 2022-08-04
Genre: Political Science
ISBN: 100911686X

Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.

The International Humanitarian Order

The International Humanitarian Order
Author: Michael Barnett
Publisher: Routledge
Total Pages: 241
Release: 2009-12-16
Genre: Law
ISBN: 1135190569

This book provides a critical exploration of the politics and practice of global ethical interventions. Organized in four parts Michael Barnett examines the tensions in the relationship between global governance, ethics, and international order.

Humanitarian Intervention

Humanitarian Intervention
Author: Sean D. Murphy
Publisher: University of Pennsylvania Press
Total Pages: 454
Release: 1996-11-29
Genre: Law
ISBN: 9780812233827

Over the centuries, societies have gradually developed constraints on the use of armed force in the conduct of foreign relations. The crowning achievement of these efforts occurred in the midtwentieth century with the general acceptance among the states of the world that the use of military force for territorial expansion was unacceptable. A central challenge for the twenty-first century rests in reconciling these constraints with the increasing desire to protect innocent persons from human rights deprivations that often take place during civil war or result from persecution by autocratic governments. Humanitarian Intervention is a detailed look at the historical development of constraints on the use of force and at incidents of humanitarian intervention prior to, during, and after the Cold War.

International Humanitarian Law

International Humanitarian Law
Author: Marco Sassòli
Publisher: Edward Elgar Publishing
Total Pages: 796
Release: 2024-02-12
Genre: Law
ISBN: 1800886918

In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts.

The Handbook of International Humanitarian Law

The Handbook of International Humanitarian Law
Author: Michael Bothe
Publisher: Oxford University Press, USA
Total Pages: 767
Release: 2013-08-29
Genre: History
ISBN: 0199658803

The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Ensuring Respect for International Humanitarian Law

Ensuring Respect for International Humanitarian Law
Author: Eve Massingham
Publisher: Routledge
Total Pages: 233
Release: 2020-07-20
Genre: Law
ISBN: 0429588755

This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.

Humanitarianism in Question

Humanitarianism in Question
Author: Michael Barnett
Publisher: Cornell University Press
Total Pages: 324
Release: 2012-05-15
Genre: Political Science
ISBN: 0801465087

Years of tremendous growth in response to complex emergencies have left a mark on the humanitarian sector. Various matters that once seemed settled are now subjects of intense debate. What is humanitarianism? Is it limited to the provision of relief to victims of conflict, or does it include broader objectives such as human rights, democracy promotion, development, and peacebuilding? For much of the last century, the principles of humanitarianism were guided by neutrality, impartiality, and independence. More recently, some humanitarian organizations have begun to relax these tenets. The recognition that humanitarian action can lead to negative consequences has forced humanitarian organizations to measure their effectiveness, to reflect on their ethical positions, and to consider not only the values that motivate their actions but also the consequences of those actions. In the indispensable Humanitarianism in Question, Michael Barnett and Thomas G. Weiss bring together scholars from a variety of disciplines to address the humanitarian identity crisis, including humanitarianism's relationship to accountability, great powers, privatization and corporate philanthropy, warlords, and the ethical evaluations that inform life-and-death decision making during and after emergencies.