IRRC No. 920-921

How International Humanitarian Law Develops

32 articles

IRRC No. 920-921 How International Humanitarian Law Develops

32 articles

“How does international humanitarian law (IHL) develop?” is a question, seemingly simple, yet more easily asked than answered. It touches upon the history of IHL, its current status and future prospects. Is it developed only by States? What is the role of non-state actors? Is it a normative movement starting in the mid-19th century, or have such rules always been part of culture and religions since time immemorial? Is IHL limited to the formally binding sources of treaties and customary law? If not, what do we make of the various non-binding norms in IHL and how “non-binding” are they really, if they can even be considered law to begin with? Finally: how to assess the trend of the last few decades in which such non-binding norms have become in many instances the preferred instrument for States to move forward in terms of IHL development? This edition examines these matters from the angle of the past, present and future of IHL development.

Table of contents

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The power of asking “how” – a key to understanding the development of IHL?

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Interview with Peter Maurer

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How international humanitarian law develops: Towards an ever-greater humanization? An interview with Theodor Meron

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Interview with Emily Crawford

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Interview with Eirini Giorgou

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The view of the past in international humanitarian law (1860–2020)

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What is IHL history now?

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Changing the narrative: A Tool on African Traditions and the Preservation of Humanity during War

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The 1871 Mexican Criminal Code as the missing piece in the history of criminalizing violations of the laws of war

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Humanitarian bullets and man-killers: Revisiting the history of arms regulation in the late nineteenth century

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The origins, causes and enduring significance of the Martens Clause: A view from Russia

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Religion and international humanitarian law

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Charting Hinduism's rules of armed conflict: Indian sacred texts and international humanitarian law

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How international humanitarian law develops

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The International Court of Justice and the development of international humanitarian law

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Assessing the authority of the ICRC Customary IHL Study

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From the Gilded Age to the Digital Age: The evolution of ICRC legal commentaries

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The African Union's humanitarian policies: A closer look at Africa's regional institutions and practice

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Going for a test drive? Some observations on the turn to informality in the laws of armed conflict

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How the Guidelines for the Implementation of the 1999 Second Protocol to the Hague Convention of 1954 contribute to better protection of cultural property

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The ever-existing “crisis” of the law of naval warfare

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The well-trodden path of national international humanitarian law committees

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Implementation of international humanitarian law: The work of Latin American international humanitarian law committees

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The role of National Red Cross and Red Crescent Societies in the development of international humanitarian law: Lessons learned and perspectives based on the Belgian Red Cross experience

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How will international humanitarian law develop in the future?

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The crisis in international law and the path forward for international humanitarian law

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Normative architecture and applied international humanitarian law

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Informal international law-making: A way around the deadlock of international humanitarian law?

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International humanitarian law-making and new military technologies

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The unilateralization of international humanitarian law

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The UN75 Declaration, Our Common Agenda and the development of international law

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Book review: “Decolonization, Self-Determination, and the Rise of Global Human Rights Politics”