International Humanitarian Law and Justice: Historical and Sociological Perspectives

Description

In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research. Cover Half Title Title Page Copyright Page Contents Contributors Introduction PART I 1 Introduction: historicizing international humanitarian law 2 Historicising international criminal trials within the modernist project 3 Engaging history in the legal protection of cultural heritage in war and peace 4 From spies to international criminals: the influence of the Austro-Hungarian counter-espionage service on the International Criminal Police Commission 5 Authority, legitimacy and military violence: de facto combatant privilege of non-state armed groups through amnesty PART II 6 Evolution of rules and concepts in international humanitarian law: navigating through legal gaps and fault lines 7 A hidden fault line: how international actors engage with IHL’s principle of distinction 8 Restraint in bello: some thoughts on reciprocity and humanity 9 Judging the past – international humanitarian law and the Luftwaffe aerial operations during the invasion of Poland in 1939 PART III 10 Emotions and the law 11 To feel or not to feel? Emotions and international humanitarian law 12 To kill or not to kill as a social question 13 War of Wor(l)ds – clashing narratives and interpretations of I(H)L in the intractable Israeli-Palestinian conflict PART IV 14 The lawyer as an actor in history and society 15 Lemkin on vandalism and the protection of cultural works and historical monuments during armed conflict 16 Forgotten, but nevertheless relevant! Gustave Moynier’s attempts to punish violations of the laws of war 1870–1916 17 The feminist origins of the Swedish Red Cross Index