Searching for a 'Principle of Humanity' in International Humanitarian Law

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Searching for a 'Principle of Humanity' in International Humanitarian Law

International relations Law Methods, theory and philosophy of law Public international law: humanitarian law

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Language: English

Published by: Cambridge University Press

Published on: 8th November 2012

Format: LCP-protected ePub

Size: 1 Mb

ISBN: 9781139794053


Introduction

The legal norms of International Humanitarian Law (IHL) are the product of a compromise between humanitarian considerations and the demands of military necessity. In Searching for a ''Principle of Humanity'' in International Humanitarian Law, international legal scholars consider whether humanitarian considerations have an independent legal impact on IHL beyond the formation of these norms. They ask whether a ''principle of humanity'' can be said to have legal force in its own right.

Regional and National Differences

Moreover, the book investigates whether regional or national differences are emerging regarding the import and emphasis placed on humanitarian considerations. For instance, do states which are not directly affected by armed conflict attach a greater weight to humanitarian considerations when interpreting and applying IHL than those states which are more directly involved in armed conflicts?

The Nordic Perspective

Specifically, this book examines whether a particular ''Nordic perspective'' can be identified, owing to those states'' involvement in armed conflicts outside their own territories in the post-Second World War era.

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