1st Edition

International Humanitarian Law and Justice Historical and Sociological Perspectives

Edited By Mats Deland, Mark Klamberg, Pål Wrange Copyright 2019
    242 Pages
    by Routledge

    242 Pages
    by Routledge

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    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.

    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

    Biography

    Mats Deland is Associate Professor in history and temporary lecturer at Mittuniversitet, Sundsvall, Sweden. His publications include Purgatorium (vol. 1, 2010, vol. 2, 2017) and he has expertise in Holocaust studies and Genocide studies, Urban history, Right-Wing Extremism, and the History of International Law.

    Dr. Mark Klamberg (Jur. Dr. Stockholm University, LL.M. Raoul Wallenberg Institute and Jur. Kand. Lund University) is Associate Professor in international law at Stockholm University. He is the author of several publications on international criminal law, surveillance, privacy, and other fields of international law, including "Evidence in International Criminal Trials: Confronting Legal Gaps and the Reconstruction of Disputed Events" (Martinus Nijhoff Publishers, 2013) and "Power and Law in the International Society – International Relations as the Sociology of International Law" (Routledge, 2015). He is the chief editor of the "Commentary on the Law of the ICC" (CLICC).

    Pål Wrange (PhD, LL.M) is Professor in public international law at Stockholm University and the Director of the Stockholm Center for International Law and Justice. He is a former principal legal advisor at the Swedish Ministry for Foreign Affairs. He has published widely on international law, international relations and theory and he has worked and consulted for the European Union, governments, and NGOs. He is currently working on a book on non-state actors, right authority, and the right to use military violence.