Law-Making and Legitimacy in International Humanitarian Law

International Humanitarian Law (IHL) is in a state of turbulence due to non-international armed conflicts, terrorist threats, and new technologies. This book explores the causes of this ambivalent state by focusing on the legitimacy of law-making processes and the actors involved. It highlights the absence of formal law-making by states, informal law-making through manual processes, and the increasing role of sub and non-state actors. It will be of benefit to scholars, students, and practitioners of international law and relations, particularly in government ministries, international organizations, and NGOs.

Format: Hardback
Length: 488 pages
Publication date: 26 October 2021
Publisher: Edward Elgar Publishing Ltd

International Humanitarian Law (IHL) is currently experiencing significant turbulence due to various factors, including non-international armed conflicts, terrorist threats, and the emergence of new technologies. This insightful book observes that while states may be reluctant to take the lead in driving legal change, informal methods of law-making are flourishing. It highlights that not only courts but also various non-state actors are actively pushing for legal developments, providing valuable insights into the causes of this somewhat ambivalent state of IHL.

To investigate the overall state of this legal regime, the book delves into the law-making processes and examines what they reveal about the current developments. It explores the absence of formal law-making by states, the emergence of informal law-making through manual processes, and the increasing role of sub- and non-state actors in shaping IHL.

This thought-provoking book highlights a profound disagreement among stakeholders regarding the direction IHL should evolve. It examines the most relevant trends in the development of IHL, including the growing influence of sub- and non-state actors, the absence of formal law-making by states, and the use of informal methods to address humanitarian challenges.

Law-Making and Legitimacy in International Humanitarian Law is a valuable resource for scholars and students of international law and relations, as well as practitioners working in the field of IHL. It offers insightful analysis and perspectives on the complex dynamics of law-making and legitimacy in this critical area of international law. By examining the challenges and opportunities facing IHL, this book contributes to the ongoing discussions and efforts to improve and strengthen this legal regime for the protection and well-being of individuals and communities in times of crisis.

Weight: 978g
Dimension: 245 x 175 x 35 (mm)
ISBN-13: 9781800883956