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Negotiating Civil War: The Politics of International Regime Design

ISBN13: 9781108497275
Published: July 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

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Civil war has been a fact of political life throughout recorded history. However, unlike inter-state wars, international law has not traditionally regulated such conflicts. How then can we explain the post-1945 emergence and evolution of international treaty rules regulating the conduct of internal armed conflict: the 'Civil War Regime'? Negotiating Civil War combines insights derived from Realist, Rationalist, Liberal, and Constructivist approaches to International Relations to answer this question, revisiting the negotiation of the 1949 Geneva Conventions, the 1977 Additional Protocols, and the 1998 Rome Statute of the International Criminal Court.

This study provides a rigorous, critical account of the making of the Civil War Regime. Sophisticated and persuasive, it illustrates the complex interplay of material, ideational, social, and strategic factors in shaping these rules with important lessons for the making and unmaking of international law in a rapidly shifting international political, economic, and security environment.

  • Offers a rigorous and critical analysis of the evolution of the international legal measures regulating the conduct of civil war
  • Applies an innovative, theoretically pluralist approach to the design of a critical international legal regime
  • Provides a fresh perspective on the politics of negotiating multilateral treaties and identifies important implications for policy-makers and participants in comparable negotiations

Public International Law
1. Theorising the Civil War Regime
2. Historical precursors and regime origins
3. Negotiating Common Article 3 (1949)
4. The Additional Protocols of 1977
5. War crimes and internal armed conflict in the Rome Statute (1998)
6. Explaining the Civil War Regime