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Books > Law > International law > Public international law > Treaties & other sources of international law
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Lawmaking under Pressure - International Humanitarian Law and Internal Armed Conflict (Hardcover)
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Lawmaking under Pressure - International Humanitarian Law and Internal Armed Conflict (Hardcover)
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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.
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