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.
Table of Contents
Contents
Introduction (Klamberg, Wrange, Deland)
Part I
Chapter 1 Introduction
Historicizing international humanitarian law
Introduction by Pål Wrange
Chapter 2
Historicising International Criminal Trials within the Modernist Project
Project
Damien Rogers (Massey University/Te Kunenga Ki Pürehuroa, New Zealand)
Chapter 3
Engaging History in the Legal Protection of Cultural Heritage in War and Peace
Sebastian Spitra (Universität Wien, Austria)
Chapter 4
From Spies to International Criminals: The Influence of the Austro-Hungarian Counter Espionage Service on the International Criminal Police Commission
Mark Lewis (College of Staten Island, New York, USA)
Chapter 5
Authority, Legitimacy and Military Violence: De Facto Combatant Privilege of Non-State Armed Groups through Amnesty
Pål Wrange (Stockholm university, Sweden)
Part II
Chapter 1
Evolution of Rules and Concepts in International Humanitarian Law: Navigating through Legal Gaps and Fault-lines
Introduction by Mark Klamberg
Chapter 2
A hidden fault-line: How international actors engage with IHL’s principle of distinction
Rebecca Sutton (London School of Economics, UK)
Chapter 3
Restraint in bello: Some thoughts on reciprocity and humanity
Anna Evangelidi (City University, London. UK)
Chapter 4
Judging the past – international humanitarian law and the Luftwaffe aerial operations during the invasion of Poland in 1939
Mateusz Piatkowski (University of Lodz, Poland)
Part III
Chapter 1
Emotions and the law
Introduction by Mats Deland
Chapter 2
To feel or not to feel? Emotions and international humanitarian law To feel or not to feel? Emotions and international humanitarian law
Nele Verlinden (University of Leuven, Belgium)
Chapter 3
To Kill or Not to Kill as a Social Question
Ka Lok Yip (Graduate Institute of International and Development Studies, Geneva, Switzerland)
Chapter 4
War of Wor(l)ds – Clashing Narratives and Interpretations of I(H)L in the Intractable Israeli-Palestinian Conflict
Alexandra Hofer (Universiteit Gent, Belgium)
Part IV
Chapter 1
The lawyer as an actor in history and society
Introduction by Daniel Segesser and Mats Deland
Chapter 2
Lemkin on vandalism and the protection of cultural works and historical monuments during armed conflict
Mark Klamberg (Stockholm university, Sweden)
Chapter 3
Forgotten, but nevertheless relevant! Gustave Moynier’s attempts to punish violations of the laws of war 1870-1916
Daniel Marc Segesser (University of Bern, Switzerland)
Chapter 4
The feminist origins of the Swedish Red Cross
Mats Deland (Södertörn University College, Sweden)
Index
