Wednesday, June 8, 2016

Hoffmann: An Eternal Promise? – Three Sketches on the Universality of International Humanitarian Law

Tamás Hoffmann (Corvinus Univ. - Law) has posted An Eternal Promise? – Three Sketches on the Universality of International Humanitarian Law (in Traum von Frieden – Utopie oder Realität?, Enikő Dácz, Cristina Griessler & Kovács Henriett eds., 2015). Here's the abstract:
Since time immemorial, humankind has sought to create a regulatory framework that could mitigate the destruction of war. Many international lawyers emphasize that the very character of the law of armed conflict (LOAC) has undergone a profound transformation as signalled by the increasingly prevalent use of the expression “international humanitarian law” (IHL), a term that in itself implies universality and equal application to tame the horrors of armed conflict. Such “humanized” humanitarian law seems to be the pinnacle of progress, the fulfilment of the ancient dream of humanity. Still, this pristine image is marred by a history of racism, exclusion and lethal inclusion. In this chapter I would like to reflect on these blemishes and examine whether international humanitarian law can move beyond its past and present to finally truly deserve such lofty label.