Paper details
| Paper authors | Kristoffer Lidén |
| In panel on | In Defense of Humanity: Civilian Protection, Aid Work, and the Demise of IHL (ISTANBUL) |
| Paper presenter(s) will be presenting | In-Person & Online |
Abstract
These are my preliminary answers to the guiding questions of the roundtable:
(1) In what new ways are norms of proportionality, limits on methods and means of warfare, and protection of civilians coming under threat? What can advocates for upholding IHL do?
-Upholding IHL and the broader agenda of civilian protection relies on a harmony of norms and self-interest. This alignment is reduced when states lead asymmetrical warfare as the stronger party (hence not needing the protection of IHL themselves) under the protection of a veto power (or by being a veto power themselves). Advocates of IHL thus need to focus on making such violations sufficiently costly as well as alluding to the self-interest in IHL in the longer term also for countries that are currently in a privileged position.
(2) What can we expect from warring parties in an era of increased protectionism and militarization, and what does this mean for the protection of aid workers, and calls for ending impunity?
-With a divided security council, we can expect less protection of aid workers and more impunity. It is in the interest of states and organisations to collectively oppose such attacks and impunity, as they may eventually be subjected to such behaviour. The Global Initiative on IHL coordinated by ICRC is an example of such collective action.
(3) Is international humanitarian law at the point of demise? What are potential ways forward for scholars and practitioners?
-IHL is in many ways back where it started after WW2. Normative gains in the post-Cold War era, including the broader agenda of PoC and EWIPA, is lost at a political level although integrated in military doctrines around the world. Scholars and practitioners need to be realistic about the limits to IHL while insisting on calling out violations. Meanwhile, efforts at documenting and rewarding IHL compliance should be reinforced.
