Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict

Awards:   Runner-up for International Collaboration Section Book Award (United States). Runner-up for International Collaboration Section Book Award 2020 (United States) Winner of Francis Lieber Prize (United States). Winner of Francis Lieber Prize 2020 (United States)
Author:   Giovanni Mantilla
Publisher:   Cornell University Press
ISBN:  

9781501752582


Pages:   264
Publication Date:   15 December 2020
Recommended Age:   From 18 years
Format:   Hardback
Availability:   In Print   Availability explained
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Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict


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Awards

  • Runner-up for International Collaboration Section Book Award (United States).
  • Runner-up for International Collaboration Section Book Award 2020 (United States)
  • Winner of Francis Lieber Prize (United States).
  • Winner of Francis Lieber Prize 2020 (United States)

Overview

In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.

Full Product Details

Author:   Giovanni Mantilla
Publisher:   Cornell University Press
Imprint:   Cornell University Press
Dimensions:   Width: 15.20cm , Height: 2.50cm , Length: 22.90cm
Weight:   0.454kg
ISBN:  

9781501752582


ISBN 10:   1501752588
Pages:   264
Publication Date:   15 December 2020
Recommended Age:   From 18 years
Audience:   General/trade ,  General
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Introduction: Failure in Paris, Success in Geneva 1. Social Pressure in International Lawmaking 2. Normative Gatekeeping (1863–1921) 3. Squaring the Circle: Creating Common Article 3 (1921–1949) 4. A Winding Road to the Additional Protocols (1950–1968) 5. A Revolution in Lawmaking? (1968–1977) Conclusion: Custom and Socially-Pressured Codification

Reviews

Giovanni Mantilla has written what will likely become a landmark history of the evolution of the Geneva Conventions... [L]ike all good works of political science, Lawmaking Under Pressure is as important for the gaps it leaves open as for the questions it resolves. * Opinion Juris * Lawmaking Under Pressure is an incredibly detailed and insightful account of the history of non-international armed conflict. Giovanni Mantilla has certainly produced a book that will be mandatory reading... * Armed Groups and International Law *


Giovanni Mantilla has written what will likely become a landmark history of the evolution of the Geneva Conventions... [L]ike all good works of political science, Lawmaking Under Pressure is as important for the gaps it leaves open as for the questions it resolves. * Opinion Juris * Lawmaking Under Pressure is an incredibly detailed and insightful account of the history of non-international armed conflict. Giovanni Mantilla has certainly produced a book that will be mandatory reading. * Armed Groups and International Law * Mantilla examines the process by which constraints on national sovereignty eventually came about in the context of the 'fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict'. * Law & Society Review * Recommended. Graduate students and faculty. * Choice * Lawmaking Under Pressure is a stimulating and original contribution to the historical scholarship on IHL. With an ease of writing and robustness of insight it is sure to be of lasting interest to students of international law. * Journal of International Humanitarian Legal Studies *


Author Information

Giovanni Mantilla is a university lecturer at Cambridge University and a Fellow of Christ's College. Follow him on X @giofabman.

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