A Humanitarian Critique of International Humanitarian Law

This book offers a critical assessment of international humanitarian law by employing mainly the Third World Approaches to International Law (TWAIL), which encompass the critical, Marxist, gender, critical race and post-colonial theories. The book contains a materialist account of the historical development of the law in order to investigate its problematic foundations and reveal how the imperialist and capitalist tendencies shaped the content of this law. It discusses the history of exclusion of the Third World from the negotiations and application of the law. It underscores how the law helped the colonizers maintain their domination. The book also engages deeply with the negotiating history of the 1949 Geneva Conventions and the 1977 Protocols in order to understand the perspectives of the Third World and the dominating nations. It further examines critically the rules and principles of international humanitarian law in order to inquire into their real character and see to what extent they fulfil the humanitarian goals, especially when this body of law is glorified and marketed in the name of International Humanitarian Law. The critical analysis of the rules and principles highlights the gaps in the protection of victims of armed conflict and exposes their vague and unworkable language that often facilitates and legitimates violence. The book, thus, questions and challenges the humanitarian face of international humanitarian law.

As the book offers a critical perspective, it is going to be an unavoidable reference material on the subject, especially for students pursuing masters, doctoral and post-doctoral programs. The multi-disciplinary nature of the subject renders the book useful in a variety of courses in social sciences and humanities at different levels. The utility of the book is not confined to the academic world only and it is beneficial for international bodies, humanitarian actors, army officials, diplomats, think-tanks, non-governmental organizations, human rights activists and research organizations.