Lawmaking under Pressure

Giovanni Mantilla

Description

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.

Sujets

• Droit et juridique
• International law

Informations

• Publié par: Cornell University Press
• Date de parution: 15 décembre 2020
• Nombre de lectures: 0
• EAN13: 9781501752605
• Langue: English
• Poids de l'ouvrage: 5 Mo

Extrait

LAWMAKING UNDER PRESSURE

LAWMAKING UNDER PRESSURE International Humanitarian Law and Internal Armed Conflict

GîOVaNNî MaNTîLLa

CORNELL UNIVERSITY PRESS ITHACA AND LONDON

Copyright © 2020 by Cornell University

All rights reserved. Except for brief quotations in a review, this book, or parts thereof, must not be reproduced in any form without permission in writing from the publisher. For information, address Cornell University Press, Sage House, 512 East State Street, Ithaca, New York 14850. Visit our website at cornellpress.cornell .edu.

First published 2020 by Cornell University Press

Printed in the United States of America

Library of Congress CataloginginPublication Data

Names: Mantilla, Giovanni, 1981–author. Title: Lawmaking under pressure : international humanitarian law and internal armed conflict / Giovanni Mantilla. Description: Ithaca [New York] : Cornell University Press, 2020. | Includes bibliographical references and index. Identifiers: LCCN 2020006015 (print) | LCCN 2020006016 (ebook) | ISBN 9781501752582 (cloth) | ISBN 9781501752599 (epub) | ISBN 9781501752605 (pdf) Subjects: LCSH: Humanitarian law—History. | Civil war. | Humanitarian law—Social aspects. | Social pressure—Political aspects. Classification: LCC KZ6471 .M356 2020 (print) | LCC KZ6471 (ebook) | DDC 341.6/7—dc23 LC record available at https://lccn.loc.gov/2020006015 LC ebook record available at https://lccn.loc.gov/2020006016

Cover illustration: Salvador Dalí,Autumnal Cannibalism, 1936. Used by permission. © Salvador Dalí, Fundació GalaSalvador Dalí, DACS 2020. Photo © Tate.

Contents

Acknowledgments

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

Appendix: Research Design Notes Archival Sources Index

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Acknowedgments

Acknowledgments commonly begin with authors reviewing the many debts they have incurred over the course of the years that it takes to write a book. Per sonally, I have always found the debt metaphor to be a bit too transactional, and hence inappropriate to describe a process more often characterized by intellec tual generosity, mentorship, idea sharing, and helpful critical engagement. I bear a huge gratitude to a great many people, and remain humbled and moved by their selfless dedication to helping me improve my work. The Department of Political Science at the University of Minnesota provided a very friendly and nurturing intellectual environment during six happy years in Minneapolis. In particular, I thank Kathryn Sikkink and Fionnuala NíAoláin for being brilliant scholars and kind, wonderful humans—this book could not have been written without their unflailing encouragement. I am equally grateful to Bud Duvall, Ron Krebs, David Samuels, Dara Strolovitch, and Joan Tronto for sup porting me throughout, in various capacities. The N. Marbury Efimenco Fellow ship funded part of my coursework, while my fieldwork and writing stages were respectively funded through a Compton International Fellowship granted by the University of Minnesota’s Interdisciplinary Center for the Study of Global Change and the Robert T. Holt Distinguished Doctoral Dissertation Fellowship in Politi cal Science administered by the University of Minnesota Graduate School. Smaller grants such as the Andrew Dickinson Memorial Fellowship and the Hella Mears Graduate Fellowship enabled me to make shorter but crucial research trips, and an Upper Midwest Human Rights Fellowship granted through the university’s HumanRightsCenterallowedmetospendasummerinNewYorkCityintern ing for Human Rights Watch in 2008. My thanks go to Sara Braun, Karen Brown, Sabine Engel, Catherine Guisan, Hella Mears, David Weissbrodt, and the mem bers of various selection committees for trusting my abilities enough to put money on the line. AfterleavingMinnesotaIwasluckytoholdpostdoctoralpositionsatBrown University’s Watson Institute for International and Public Affairs and Princeton University’s Niehaus Center for Globalization and Governance. At Brown I espe cially thank Peter Andreas and Nina Tannenwald for their mentorship during a very productive year. At Princeton I am especially grateful to Helen Milner and Robert O. Keohane for their enthusiasm in my research, their engaging and thoughtful critiques, and their contribution to an interdisciplinary conference on

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AcknowledGMents

the laws of war in October 2015 (organized jointly with Bob and with my col league Geoffrey P. R. Wallace). The Centro de Investigación y Docencia Económicas in Mexico City was a wonderful place to call home for three years. Mark Aspinwall and Lorena Ruano weresteadfastdepartmentheadsandkindsupportersintheDivisión de Estudios Internacionales. I warmly thank all my colleagues at CIDE. At Cambridge Uni versity I have found a similarly welcoming, stimulating environment. Particular thanks go to Duncan Bell at Christ’s College and Jason Sharman at the Depart ment of Politics and International Studies for their mentorship. This work is also the product of countless friendships in several places. Whether in Bogotá, Cambridge, Minneapolis, Providence, Princeton, Mexico City, New York, or elsewhere around the world, while completing this research I received a constant stream of love and support from many wonderful human beings. For obvious reasons I cannot include everyone here, but I must mention a number of people: Tatiana Acevedo, Catalina Arreaza, Rebecca BellMartin, Azer Binnet, Noelle Brigden, Jonas Bunte, Ana Cuesta, Geoff Dancy, Sarah Bauerle Danzman, Dora Marujo Dias, Carlos Andrés Díaz, Carlos Echeverría, Jesús EstradaPérez (RIP), Patricia Ferreira, Brandon Fischer, Janice Gallagher, Juan Guerra, Bai Linh Hoang, Elliot James, Michelle Jurkovich, Pablo Kalmanovitz, Denis Kennedy, Esen Kirdis, Amy Lerner, Sandra Ley, Moira Lynch, Emma Stone Mackinnon, T. J. Malaskee, Jerome Marston, Darrah McCracken, Verónica Michel, Adam Mielke, Felipe Muñoz, E. G. Nelson, Katharina Neureiter, Kim Nolan, Mayumi Okuda, Justin Pearce, Angel Camilo Peñaranda, Menaka Phillips, Angela María Restrepo, Javier Rojas, Daniel Rosas, Cesar Rueda, Maria Paula Rueda, Sergio Ruiz, Bret Ryan, Gabriela Sáenz, Natalia Santiesteban, Libby Sharrow, Geoff Sheagley, Paul Snell, Chris Stone, Laura Thaut, Camilo Vargas, and Marcela Villarrazo. Thank you all for the fun, nurturing time spent together; I look forward to more. The hospitality of several people in Europe, the United States, and beyond was critical for executing this project. In particular, I have my brother Mario Alberto, my cousins Carlos Eduardo and Karin, and my friends Kerstin Feurstein, Julian Sánchez Berbesi, Roberto Sierra, and Aaron Welo to thank. Paola Castaño hosted me several times in Chicago, sharing her space, her colors, and her infectious joy with me every single time. For invaluable editing assistance as I approached the finish line I thank Molly Biddle, and for his warm and loving support in the final stage of the project, Ashley Walsh. Dozens of colleagues have read and commented on aspects of this project over many years. I am particularly grateful to Matthew Evangelista, who—essentially unprompted—generously organized a superb book workshop at Cornell Univer sity in 2016, summoning the collective brilliance of Neta Crawford, Renée de

AcknowledGMents

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Nevers, Isabel Hull, Peter J. Katzenstein, Agnieszka Nimark, Jens Ohlin, Judith V. Reppy, Steven M. Ward, and Anna Wojciuk, among others. The book is undoubt edly better for their incisive reading and feedback. Helen Kinsella has been an enduring intellectual ally and dear friend through the years; I cannot thank her enough. Sandesh Sivakumaran very kindly read the entire manuscript and offered thoughtful, timely advice toward the end of the process. Audiences at several ac ademic conferences since 2012 improved the book’s argument and empirics. Michael Barnett deserves very special thanks for being a source of constructive criticism and support for over a decade now. The staff of various institutions where I conducted archival and library research wereinstrumentalinhelpingmegathertherichmaterialsonwhichthisbookis based—especially Fabrizio Bensi at the International Committee of the Red Cross (ICRC) in Geneva, Anne Liskenne at the Diplomatic Archives of France in Paris (and Nantes), and various individuals at the UK National Archives in London and the U.S. National Archives in College Park, Maryland. The ICRC also granted me permission to consult certain portions of its restricted archives, for which I am very grateful. Jacques Moreillon, honorary member and former director of principles and law at the ICRC, read most chapters generously and critically, and connected me with many other important knowledgeable persons in or around Geneva. In prac tice he became an essential informal adviser, and for that my deep gratitude goes out to him. ICRC members François Bugnion and Yves Sandoz likewise showed willingness to speak with me at length (the latter on several occasions) on the is sues dealt with here. Dara Kay Cohen and Martha Finnemore kindly read my draft project and provided useful advice. David Forsythe, Sylvie Junod, Frits Kalshoven, and Michel Veuthey all commented on one or a few draft chapters, helping me sharpen my approach and reconsider some views. The Departamento de Ciencia Política at the Universidad de los Andes in Bogotá, Colombia, gener ously hosted my brief stint as a visiting scholar in January–February 2012. Sev eral individuals in Bogotá, Geneva, and elsewhere generously agreed to interviews for a chapter on Colombia that never made it onto the final version. Roger Haydon at Cornell University Press was an encouraging, supportive, and patient editor. I immensely appreciate his efforts to see this book through. I acknowledge the incredibly valuable feedback of the editors and reviewers of International Organization, theEuropean Journal of International Relations, and theJournal of the History of International Law, where portions of research included here(inchapters1,3,and5)appearedasthefollowingarticles:

Mantilla, Giovanni. “Forum Isolation: Social Opprobrium and the Origins of the International Law of Internal Conflict.”International Organization72, no. 2 (2018): 317–49. Cambridge: Cambridge University Press / IO Foundation.