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The Humanitarian Civilian: How the Idea of Distinction Circulates Within and Beyond International Humanitarian Law


ISBN13: 9780198863816
Published: February 2021
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £80.00



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In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the kinetic realm, where distinction is in motion in South Sudan; the pedagogical realm, where distinction is taught in civil-military training spaces in Europe; and the intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague. Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of 'civilianness' in everyday practice. To safeguard their civilian status, and to deflect any qualities of 'combatantness' that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian-civilian lines, suggesting that humanitarian actors are longing for something more than civilian status - the 'civilian plus'. This special status presents a paradox: the appeal to the 'civilian plus' undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, the monograph emphasizes that even at the most normative level there is no bright line distinction to be found.

Subjects:
Human Rights and Civil Liberties, Public International Law
Contents:
1. Introduction
2. What is the distinction
3. Who draws the line
4. How is the line drawn
5. Where is the line drawn
6. Conclusion

Series: Oxford Monographs in International Humanitarian & Criminal Law 

Doing Justice to History: Confronting the Past in International Criminal Courts ISBN 9780198846871
Published March 2021
Oxford University Press
£80.00
Detention in Non-International Armed Conflict ISBN 9780198843092
Published April 2020
Oxford University Press
£24.99
Rules of Engagement and the International Law of Military Operations ISBN 9780198853886
Published February 2020
Oxford University Press
£80.00
To Serve the Enemy: Informers, Collaborators, and the Laws of Armed Conflict ISBN 9780198788898
Published October 2019
Oxford University Press
£80.00
Internationalized Armed Conflicts in International Law ISBN 9780198819868
Published July 2018
Oxford University Press
£74.00
The Law of Maritime Blockade: Past, Present, and Future ISBN 9780198808435
Published December 2017
Oxford University Press
£89.00
Detention in Non-International Armed Conflict ISBN 9780198749929
Published March 2016
Oxford University Press
£86.00
Fairness in International Criminal Trials (eBook) ISBN 9780191060410
Published January 2016
Oxford University Press
£81.00
(ePub)
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Fairness in International Criminal Trials ISBN 9780198739814
Published January 2016
Oxford University Press
£100.00
The Special Tribunal for Lebanon: Law and Practice ISBN 9780199687459
Published March 2014
Oxford University Press
£105.00
The Special Tribunal for Lebanon: Law and Practice (eBook) ISBN 9780191511165
Published March 2014
Oxford University Press
£95.00
(ePub)
Buy
Rwanda's Gacaca Courts: Between Retribution and Reparation ISBN 9780199694471
Published January 2012
Oxford University Press
£115.00
Rwanda's Gacaca Courts: Between Retribution and Reparation (eBook) ISBN 9780191627590
Published January 2012
Oxford University Press
£105.00
(ePub)
Buy