The International Humanitarian Order

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.

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.

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

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.

The Practical Guide to Humanitarian Law explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who bring them assistance, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violators and violations of the law. Entries in the Guide are complemented by detailed bibliographic references, addresses, phone numbers and Internet addresses of the organizations presented, a thematic index, and an up-to-date list of the status of ratification of the more than twenty international conventions and treaties concerning humanitarian law, human rights, refugees, and international criminal law.

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.

This volume contains a detailed study of the applicable international law relevant to peace operations in the context of collapsed states, in the establishment of safe havens or in a general enforcement role. It discusses the interaction and the often complex legal relationships between non-government humanitarian actors, relevant UN agencies, the warring parties and international peace forces under international law and practice. In particular, the book deals with issues concerning the implications of contemporary peace operations for military forces in terms of force structure, operating procedures and training. The book focuses on the often overlooked but critical issues of the interim administration of law and order in complex operations and on the reconstruction of a local capability in this regard. Many contemporary operational challenges are analysed, including the Balkans and the Middle East. In particular, the book includes a detailed case study of Somalia based on the author's personal knowledge, experience and access to information on the ground in his capacity as military legal adviser to the Australian Defence Force Contingent in Somalia.