Hoffmann: The Perils of Judicial Construction of Identity

Tamás Hoffmann (Institute of International Studies) has posted The Perils of Judicial Construction of Identity – A Critical Analysis of the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia Pertaining to the Notion of Protected Persons (in Allegiance and Identity in a Globalised World, Kim Rubenstein ed., forthcoming). Here's the abstract:

The role of nationality in the application of international humanitarian law has been a source of recurring controversy. This article attempts to critically analyse the jurisprudence of the International Criminal Tribunal for the Former Yugoslavia, which has radically expanded the traditional scope of application of Geneva Convention IV. Even though the approach of the Tribunal is commendable from the perspective of further humanization of humanitarian law, the radical departure from the original construction of the Convention might present more dangers than benefits.