Volume 24 of the Yearbook of International Humanitarian Law (IHL) is dedicated to investigating IHL’s universalist claims from different perspectives and regarding different areas of IHL. While academic debates about “universalism versus particularism” have dominated much of the critical scholarship in international law over the past two decades, they remain relatively underexplored in the field of IHL. The current volume fills this gap in IHL literature by focusing on the ways in which different interpretive communities approach questions of IHL from differing perspectives. Authors were invited to use the concept of culture to deconstruct and take critical distance from the production, interpretation, and application of IHL, and those keen on challenging the idea that IHL needs critical deconstruction were also invited to argue their case.
The Volume contains four articles dedicated to the subject of cultures of IHL. It also features a book symposium on Samuel Moyn’s Humane: How The United States Abandoned Peace and Reinvented War (2021) and ends, as usual, with a Year in Review section.The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. The Yearbook has always strived to be at the forefront of the debate of pressing doctrinal questions of IHL and will continue to do so in the future. As this volume shows, it is also a forum for taking a step back and reflecting on the broader, theoretical issues that inform the practice and thinking about the field. The Yearbook provides an international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law.
Distinguished by contemporary relevance, it bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Author(s): Heike Krieger, Pablo Kalmanovitz, Eliav Lieblich, Rebecca Mignot-Mahdavi
Series: Yearbook of International Humanitarian Law, 24
Publisher: T.M.C. Asser Press
Year: 2023
Language: English
Pages: 299
City: Berlin
Editorial
Contents
Part I Cultures of IHL
1 Des-Encanto: Latin America and International Humanitarian Law
1.1 Introduction
1.2 Situating Latin America in the History of the Laws of War
1.3 Criollo Law of War
1.4 Litigating the Laws of War
1.5 The Disenchantment of Latin America
1.6 Conclusions
References
2 Rites of Affirmation: The Past, Present, and Future of International Humanitarian Law
2.1 Introduction
2.2 Progress and Promise
2.3 An Immanent Cult
2.4 The Limits of History
2.5 The Uses of History
2.5.1 Exogenous Uses
2.5.2 Endogenous Uses
2.6 Coming to Terms with Anxiety: From History to Social Memory
2.6.1 Formalist Anxieties
2.6.2 Anxieties of Conscience/Consciousness
2.6.3 Vows Renewed, Promises Deferred
2.6.4 Histories of Deferment and Exculpation
2.6.5 Achievement, Anxiety and Misconception
2.7 Conclusion: Re-historicising the Laws of War
References
3 Prisoners of War, Taking of Hostages and the Colombian Armed Conflict: Challenges Arising Out of Conflictive Understandings of IHL by Different Actors in Particular Contexts
3.1 Introduction
3.2 Detentions by Non-state Armed Groups in NIAC in the Light of IHL: Three Dimensions of the Same Phenomenon
3.2.1 The Impossibility to Automatically Transfer IHL Regulations for POW to NIACs
3.2.2 The IHL Regulation Over the Moment of Retention by Non-state Armed Groups
3.2.3 IHL Regulation on Conditions of Captivity by Non-state Armed Groups
3.2.4 IHL Regulation on Liberation of Persons Deprived of Their Physical Liberty by Non-state Armed Groups
3.2.5 Conclusion to Sect. 3.2
3.3 FARC-EP's Detention of Members of Colombian Military Forces: The Impact of the Participation of the Former Members of the FARC-EP Secretariat in the Delimitation of IHL
3.3.1 Approach to Case 001
3.3.2 The Participation of the FARC-EP Secretariat in the System as a Potential Catalyst for the Clarification of IHL Rules on Detention by Non-state Actors in the NIACs
3.3.3 A Four-Level Normative and Analytical Proposal
References
4 Read the Room: Legal and Emotional Literacy in Frontline Humanitarian Negotiations
4.1 Introduction
4.2 The Role of IHL in Frontline Humanitarian Negotiations
4.2.1 The Objective Elements of Humanitarian Negotiations
4.2.2 Legal Literacy of Negotiators
4.3 The Role of Emotions in Frontline Humanitarian Negotiations
4.3.1 The Subjective Elements of Humanitarian Negotiations
4.3.2 Emotional Literacy of Negotiators
4.4 Conclusion
References
Part II Focus Section: Samuel Moyn’s Humane: How the United States Abandoned Peace and Reinvented War (2021)
5 Wars with and for Humanity
5.1 The Tragedy of Humanity
5.2 Wars with Humanity
5.3 Wars for Humanity
5.4 A World Without Humanity?
References
6 The Peace Movement and Grassroots International Law
6.1 Introduction
6.2 Humane and the Peace Movement
6.3 An Alternative Vision of International Lawmaking?
6.4 Toward a New Phase in the Regulation of War and Peace
6.5 Conclusion
References
7 Emancipation, Humanity, and Peace: A Response
7.1 The Past of Humanizing Warfare
7.2 The Past of Grassroots Peace Mobilization
7.3 The Present of Endless War
References
Part III Year in Review
8 Year in Review 2021
8.1 Armed Conflicts and Related Developments
8.1.1 Afghanistan
8.1.2 Burkina Faso
8.1.3 Central African Republic
8.1.4 Colombia
8.1.5 Ethiopia
8.1.6 Israel/Palestine
8.1.7 Libya
8.1.8 Mali
8.1.9 Mozambique
8.1.10 Myanmar
8.1.11 Niger
8.1.12 South Sudan
8.1.13 Ukraine
8.1.14 Yemen
8.1.15 Other Potential Armed Conflicts
8.2 Courts and Tribunals
8.2.1 International Courts
8.2.2 Hybrid and Regional Courts and Tribunals
8.2.3 Human Rights Courts and Bodies
8.2.4 Domestic Courts
8.3 Arms Control, Disarmament and Other Developments
8.3.1 Arms Trade
8.3.2 Conventional Weapons
8.3.3 Non-conventional Weapons
8.3.4 Other Developments
References
Table of Cases
HYBRID COURTS and TRIBUNALS
INTERNATIONAL
NATIONAL
Index
