International Humanitarian Law and Justice In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research Mats Deland is Associate Professor in history and temporary lecturer at Mittuniversitet, Sundsvall, Sweden His publications include Purgatorium (vol 1, 2010, vol. 2, 2017) and he has expertise in Holocaust studies and Genocide studies, U rban history, Right-Wing Extremism, and the History of International Law Dr Mark Klamberg (Jur Dr Stockholm University, LL.M Raoul Wallenberg Institute and Jur Kand Lund University) is Associate Professor in international law at Stockholm University He is the author of several publications on international criminal law, surveillance, privacy, and other fields of international law, including Evidence in International Criminal Trials: Confronting Legal Gaps and the Reconstruction of Disputed Events (Martinus Nijhoff Publishers, 2013) and Power and Law in the International Society – International Relations as the Sociology of International Law (Routledge, 2015) He is the chief editor of the Commentary on the Law of the ICC (CLICC) Pål Wrange (PhD, LL.M.) is Professor in public international law at Stockholm University and the Director of the Stockholm Center for International Law and Justice He is a former principal legal advisor at the Swedish Ministry for Foreign Affairs He has published widely on international law, international relations and theory, and he has worked and consulted for the European Union, governments, and NGOs He is currently working on a book on non-state actors, right authority, and the right to use military violence International Humanitarian Law and Justice Historical and Sociological Perspectives Edited by Mats Deland, Mark Klamberg and Pål Wrange First published 2019 by Routledge Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 52 Vanderbilt Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2019 Taylor & Francis The right of Mats Deland, Mark Klamberg and Pål Wrange to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988 All rights reserved No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Deland, Mats, editor | Klamberg, Mark, editor | Wrange, Pål, editor Title: International humanitarian law and justice: historical and sociological perspectives / Edited by Mats Deland, Mark Klamberg, and Pål Wrange Description: New York, NY: Routledge, 2019 | Includes bibliographical references and index Identifiers: LCCN 2018024838 | ISBN 9781138477551 (hbk) | ISBN 9781351104432 (web pdf) | ISBN 9781351104425 (epub) | ISBN 9781351104418 (mobipocket) Subjects: LCSH: Humanitarian law–History | International law–Sociological aspects | Sociological jurisprudence Classification: LCC KZ6471 I585 2018 | DDC 341.6/7–dc2 LC record available at https://lccn.loc.gov/2018024838 ISBN: 978-1-138-47755-1 (hbk) ISBN: 978-1-351-10444-9 (ebk) Typeset in Galliard by codeMantra Contents Contributors Introduction viii M ats Deland, M ark K lamberg , and På l W range Part I 1 Introduction: historicizing international humanitarian law På l W range Historicising international criminal trials within the modernist project 17 Damien R ogers Engaging history in the legal protection of cultural heritage in war and peace 30 S ebastian M S pitra From spies to international criminals: the influence of the Austro-Hungarian counter-espionage service on the International Criminal Police Commission 44 M ark L ewis 5 Authority, legitimacy and military violence: de facto combatant privilege of non-state armed groups through amnesty På l W range 60 vi Contents Part II 77 Evolution of rules and concepts in international humanitarian law: navigating through legal gaps and fault lines 79 M ark K lamberg 7 A hidden fault line: how international actors engage with IHL’s principle of distinction 85 R ebecca S utton 8 Restraint in bello: some thoughts on reciprocity and humanity 100 A nna E vangelidi Judging the past – international humanitarian law and the Luftwaffe aerial operations during the invasion of Poland in 1939 114 M ateusz P i ątkowski Part III 127 10 Emotions and the law 129 M ats Deland 11 To feel or not to feel? Emotions and international humanitarian law 134 N ele V erlinden 12 To kill or not to kill as a social question 146 K a L ok Y ip 13 War of Wor(l)ds – clashing narratives and interpretations of I(H)L in the intractable Israeli-Palestinian conflict A lexandra Hofer 160 Contents vii Part iv 173 14 The lawyer as an actor in history and society 175 Daniel M arc S egesser and M ats Deland 15 Lemkin on vandalism and the protection of cultural works and historical monuments during armed conflict 183 M ark K lamberg 16 Forgotten, but nevertheless relevant! Gustave Moynier’s attempts to punish violations of the laws of war 1870–1916 197 Daniel M arc S egesser 17 The feminist origins of the Swedish Red Cross 212 M ats Deland Index 225 Contributors Mats Deland is Associate Professor in history and temporary lecturer at M ittuniversitet, Sundsvall, Sweden His publications include Purgatorium (vol. 1, 2010, vol 2, 2017) and he has expertise in Holocaust studies and Genocide studies, Urban history, Right-Wing Extremism, and the History of International Law Email: mats.deland@gmail.com Anna Evangelidi is a PhD candidate and Graduate Teaching Assistant at The City Law School, City, University of London, United Kingdom Email: anna evangelidi.1@city.ac.uk Alexandra Hofer is a PhD candidate in Public International Law at Ghent University She has a Master’s in International Relations, Peace, Conflict, and Security and a LL.M in Public International Law from the Université libre de Bruxelles Prior to joining Ghent in Summer 2015, Alexandra completed an internship within the Trial Division of the International Criminal Court Email: alexandra.hofer@ugent.be Dr Mark Klamberg (Jur Dr Stockholm University, LL.M Raoul Wallenberg Institute and Jur Kand Lund University) is Associate Professor in international law at Stockholm University He is the author of several publications on international criminal law, surveillance, privacy, and other fields of international law, including Evidence in International Criminal Trials: Confronting Legal Gaps and the Reconstruction of Disputed Events (Martinus Nijhoff Publishers, 2013) and Power and Law in the International Society – International Relations as the Sociology of International Law (Routledge, 2015) He is the chief editor of the Commentary on the Law of the ICC (CLICC) Email: Mark Klamberg@juridicum.su.se Mark Lewis is an Associate Professor of European History at the College of Staten Island and at the Graduate Center (City University of New York) He received a BA from Stanford University and an MA and PhD from the University of California, Los Angeles He is the co-author of Himmler’s Jewish Tailor: The Story of Holocaust Survivor Jacob Frank (Syracuse University Press, 2000) and the author of The Birth of the New Justice: The Internationalization of Crime and Punishment, 1919–1950 (Oxford University Press, 2014) Contributors ix The latter won the Fraenkel Prize from the Wiener Library (2013) and the inaugural Bronisław Geremek Prize from the College of Europe and the Geremek Foundation (2015) Email: Mark.lewis@csi.cuny.edu Mateusz Piątkowski is a PhD Candidate at the University of Lodz, Poland Attorney at law in District Bar Association in Lodz, Poland He is a Researcher in international humanitarian law and the law of aerial warfare Email: piatkowskimat@gmail.com Damien Rogers is Senior Lecturer at Massey University’s Centre for Defence and Security Studies, New Zealand Holding a PhD in Political Science and International Relations from the Australian National university and a PhD in Law from the University of Waikato, Rogers is author of two monographs: Postinternationalism and Small Arms Control: Theory, Politics, Security (Ashgate, Surry, 2009; and reproduced by Routledge, New York, 2016) and Law, Politics and the Limits of Prosecuting Mass Atrocity (Palgrave Macmillan, New York, 2017) Email: D.R.Rogers@massey.ac.nz Daniel Marc Segesser is Director of undergraduate studies (Studienleiter) and Adjunct Professor (Privatdozent) at the Department of History of the University of Bern in Switzerland His current research focuses on the history of international law in the period between 1872 and 1945 as well as on aspects of transnational, environmental, and global history of the First World War His major publications are Recht statt Rache oder Rache durch Recht: Kriegsverbrechen in der internationalen wissenschaftlichen Debatte 1872–1945 (Paderborn 2010), Der Erste Weltkrieg in globaler Perspektive (Wiesbaden 2010, 4th edition 2014) and Empire und Totaler Krieg: Australien 1905–1918 (Paderborn 2002) Email: daniel.segesser@hist.unibe.ch Sebastian M Spitra holds degrees in law and philosophy from the University of Vienna Currently, he is a research fellow at the Institute for legal and constitutional history at the Viennese law faculty He teaches and conducts research in constitutional history, theory, and history of international law Since 2016, he is a fellow of the Vienna Doctoral Academy and received a research scholarship of the Heinrich-Graf-Hardegg’sche Stiftung In January and February 2018, he was granted a fellowship at the Max Planck Institute for Comparative Public Law and International Law He is Grotius Fellow of the University of Michigan Law School 2018–2019 Email: sebastian.spitra@univie.ac.at Rebecca Sutton is a PhD Candidate in the Department of Law at the London School of Economics (LSE) in the UK Her doctoral research, which focuses on the civilian status of international humanitarian actors under International Humanitarian Law, is funded by scholarships from the Pierre Elliot Trudeau Foundation and the Social Science and Humanities Research Council of Canada (SSHRC) Rebecca is qualified as a Barrister and Solicitor, called to the Ontario Bar in Canada She holds a Juris Doctor from the University of Toronto and an MSc in Violence, Conflict and Development from SOAS 218 Mats Deland answer, and I would only with difficulty have let myself be talked into playing the role of interpreter in the service of the beautiful idea I thought I had mentioned all this for you I have also tried to convey to them, who have turned to me in this regard, my own conviction that the initiative for such an organisation should be taken not by a more or less unknown woman with limited influence, but by a man of public repute and the ability to make his views known I have all the time kept for myself a role as passive as possible, explaining, truthfully, that I have already taken on more trouble for the public good than time and energy and my duties at home permit me in the way that I wish.30 It seems that, at first they thought that the articles that they had written anonymously would have that effect, that is, to convince some men to take action.31 In July 1864, Leijonhufvud met Hjort in Gothenburg, and received his appreciation for her mentioning his book in the article To her disappointment, though, he declined her suggestion that he should be the one taking the lead for the founding of the new organisation, and obviously, he also was not the first to turn her down: However, it seems to be with him as with the Stockholm doctors, that everybody wants the axe to swing, but nobody wants to hold the handle.32 Instead, she turned to a doctor she knew better Johan Magnus Lemchen had been her acquaintance since a number of years back He had visited her in her home two years earlier, when he asked her to use the journal for a petition for a school for children with impaired hearing, later known as the “Silent School” (Tysta skolan, opened in 1866 and named so after a suggestion from the author Fredrika Bremer) In other words, she had favours to claim In September 1864, as mentioned, Lemchen was invited together with general Rudebeck to a meeting in Leijonhufvud’s apartment Olivecrona was also present.33 This is when the two women’s initiative was transferred to men The results of the diplomatic conference in Geneva were also published in the Swedish papers in September 1864, and at the occasion of the definitive peace treaty between Denmark and the Prussian-Austrian alliance in O ctober, the Swedish doctors who had been active during the conflict talked about their experiences at a meeting with the Association of Swedish Doctors (Svenska läkaresällskapet) Professor Carl Gustaf Santesson, Head Surgeon at the Serafimer Hospital in Stockholm, who had served at the Danish war hospital at Augustenborg castle, 30 Sophie Leijonhufvud to Rosalie Olivecrona, without date, appr 24–29 May 1864, Olivecronska familjearkivet, R A English in italics in original 31 Sophie Leijonhufvud to Rosalie Olivecrona without date, appr 24–25 May 1864, Olivecronska familjearkivet, R A 32 Sophie Leijonhufvud to Rosalie Olivecrona (from Marstrand, summer residence) 23 July 1864, Olivecronska familjearkivet, R A 33 Leijonhufvud, 1923, p 93 Swedish Red Cross 219 gave witness about the great services done by female Danish and Swedish medical attendants (sent by the welfare departments of the respective state churches) Different from the male attendants, that had been taken from the military reserve, the women had been motivated and well educated.34 In the end of November 1864, Lemchen reported that it was time to start advertising in papers for women with an interest for the education that they were going to offer.35 On December 1864, a group of men gathered in the home of Rudebeck on Riddargatan in central Stockholm This was the first official (i.e., with minutes) meeting of the Swedish Red Cross Officially, this has also been considered as the foundational meeting of the Swedish Red Cross.36 Leijonhufvud does not seem to have been directly involved in convening this first meeting of the interim executive committee – she was informed a couple of days later – but she supported the meeting with a long article in the next issue of the journal The article had been discussed with the interim executive committee members before it was written (in great haste) It gave Leijonhufvud an occasion to further underline what had been her major interest all the time.37 Leijonhufvud’s article was much more than just the advertising discussed with Lemchen in November It contained some strange masquerading, where she talked about herself in third person, even as a “he,” when she went through the differences in opinion that had crystallised around the organisation issue during the past year.38 She also conceded that the issue had caused a difference of opinion within the journal’s editing staff At the same time, she signed the article with her most well-known signature Esselde, which was practically the same at the one she had used in Aftonbladet, six months earlier (S L-d, which of course was short for her real name) However, the ideological position was now spelled out more clearly First, she argued, against Sköldberg (and the G eneva Committee), that the organisation must be restricted only to Sweden.39 Secondly, she underlined the connection to the voluntary defence movement.40 She still lamented about the lack of “a forceful personality.” Instead, she hoped that enough women would follow the call she did by sending notes of interest to the journal under the label “L R.,” which Cecilia Österberg helpfully has interpreted as likely to mean Lemchen and Rudebeck.41 Although “the initiative should be taken by men,” she argued, “the women however “En fråga i menniskokärlekens namn Till Redaktionen af Aftonbladet” (by S L–d.), Aftonbladet 10 June 1864 35 Sophie Leijonhufvud to Rosalie Olivecrona 29 November 1864, Olivecronska familjearkivet, R A 36 See the official history in Söderberg, 1965, pp 57–59 37 Sophie Leijonhufvud to Rosalie Olivecrona 28 December 1864, Olivecronska familjearkivet, R A 38 “Sjukvårds-föreningens första sammanträde d 24 maj 1865”, Tidskrift för Hemmet No 3, 1865, p 324 39 Ibid, pp 332–333 40 Ibid, p 333 41 Österberg, 2001, pp 48–64 220 Mats Deland should not refrain from contributing, from the beginning, as participants.” It was also obvious that she believed that this view was shared by the men who now had started the work.42 17.6 The existential dimension In spite of the sympathies she received from the executive committee, however, the article was obviously written under some duress, visible in her letters: Only my conviction of what is right and my sense of duty to work for this, could conquer my inherent chicken-heartedness Mum can testify that I was half sick out of fear, when the general’s visit was announced the day after.43 This tone of writing conforms to a pattern often found in the letters of this age Researchers have discussed whether what we see in these letters is real anxiety or just a stylistic manier.44 Leijonhufvud’s – and Olivecrona’s – descriptions of the anxiety, or Angst, that they felt during politically active periods are nevertheless so concrete (lack of sleep, somatic symptoms, chronic fatigue) that I would argue that (in most cases) they describe actual fear I would also argue that this fear relates to the limitations set by Lutheran theology concerning the place that women were to occupy in the governing of society These issues were further emphasised a couple of years later, in a conflict that led to the decisive breakup between the two editors The discussion was brought on by the different positions that they took to (rather than in) the debate about the pending change from an estate to a chamber parliament in 1865–1866 Under the direction of Leijonhufvud, the journal took a position that was clearly for the change Olivecrona, who was against, protested not so much about this, but against that the journal by doing this was meddling into spheres of the polity that, she maintained, did not belong to women, that is, that could not be linked to the domestic sphere As Olivecrona saw it, this was unnatural (meaning against the intention of the Creator): A manly woman, and this is what the woman will turn into, who wants to interfere with the activities that belong to men, who sees herself as capable to assess the great social issues and entitled to give her view about them, will in all times be an abnormity, just as unnatural, just as exposed to ridicule as a female man The instinct, if not also the discretion, tells most of us, that both are deviations within their species My own reaction to this is to shrink from the contact with external impulses, with public life, and when I nonetheless felt the urge to, although only insignificantly, play a rơle in it, I have “Sjukvårds-fưreningens fưrsta sammanträde d 24 maj 1865”, Tidskrift för Hemmet 3, 1865, p. 336 43 Sophie Leijonhufvud to Rosalie Olivecrona, 19 juni 1865, Olivecronska familjearkivet, R A 4 For example, Ulvros, 2010, pp 13–14; Meyer Spacks, 1988 Swedish Red Cross 221 always had to force myself and I have also, as soon as I have had the chance to, retired to the home, the property of the woman, the sacred pond, where she finds refuge from the storms of external life If we believe that this should be understood more or less literally, and that this general view, at least up to this point, was shared also by Leijonhufvud, this explains the ambiguity and masquerade-like anonymity that characterised how the journal handled their activities before the formation of the Red Cross branch The ideological limitations became fears because they were existential In this particular Lutheran shape, they were, on the other hand, also linked to a strong ethical duty which meant that the ascribed role could be breached on particular occasions (“times of rebellion, of foreign invasion”), but as she formulated it, reproaching Leijonhufvud, “which noble woman would wish for such times only to get an opportunity to distinguish herself?”45 Normally, female influence should be indistinguishable: It is exactly in the woman’s work in concealment, in the calm, indistinguished home life, that the secret of her influence lies, while on the other hand it [the influence] only looses by being trumpeted with great, ringing words and phrases.46 17.7 Correcting the gender imbalance Already at one of the preparatory meetings, on 27 January 1865, the board decided that the organisation should also be open for women.47 Education of female attendants was discussed on the following meeting This and the fact that a formal cooperation with the journal was introduced with the decision that Dr Grähs would be responsible for spreading the articles that had been published on the subject in Tidskrift för Hemmet in wider circles suggest that Leijonhufvud was continuously influencing in the background Lemchen also proposed that she would be assigned to contact Florence Nightingale, to send some women to be educated at one of the London hospitals.48 However, neither of these events are commented on in the letters between Leijonhufvud and Olivecrona The Swedish Red Cross Branch had its constitutional meeting on 24th May 1865 The report in Dagens Nyheter emphasised the strong female attendance.49 Tidskrift för Hemmet had published a short article about the upcoming meeting in its spring issue and both editors were present.50 The meeting conceded that educating medical attendants should be its main task in peacetime, it confirmed 45 Rosalie Olivecrona to Sophie Leijonhufvud January 1866, Olivecronska familjearkivet, R A Rosalie Olivecrona to Sophie Leijonhufvud January 1866, Olivecronska familjearkivet, R A 47 Red Cross (forthwith RK) Minutes 27 January 1865, §4 #2, R A 48 RK Minutes 24 March 1865, §4, #6 49 RK Minutes Annual meeting 24 May 1865 Dagens Nyheter 26 May 1865 Original italics 50 “Föreningen för frivillig vård af sårade och sjuke i fält”, Tidskrift för Hemmet No 1865 The article was signed L-d, that is, Leijonhufvud 222 Mats Deland the decisions to turn to Florence Nightingale and also send out a letter to the Swedish county hospitals to investigate the possibility to educate female attendants also in Sweden.51 But on one, decisive, count the executive committee had discarded the view taken by Leijonhufvud and Olivecrona: it had kept for itself the discretion of who should be given support and permission for the education (in particular the so-called proof of good repute (vandelsintyg)).52 At this point, it was finally necessary for the two editors to make way for women’s direct participation in the board, “as in their territory leading, directing, educating.” Direct intervention now was possible since the question was limited to something definitely belonging to oeconomia (women’s repute) Leijonhufvud proposed that the board should appoint a committee, consisting of as many women as men, for the process of choosing among the applicants.53 The exchange of letters shows that Leijonhufvud’s reaction was no secret for the members of the board The description that she gives in a letter to Olivecrona was much more outspoken than the one she had published: “this total neglect of the woman’s share of the work, except what concerns ‘the drudgery’, that indeed was put on her shoulders.”54 After speaking to Lemchen, she had sent a draft of her article to Rudebeck before it was published.55 When the article was published a couple of weeks later she could, in a footnote, explain that a committee of the form that Leijonhufvud had asked for had already been appointed by the executive committee 17.8 Conclusion: how to appreciate women on their own terms As demonstrated in this paper, the contribution of Leijonhufvud and Olivecrona, and thus, post-Bremer Swedish feminism, in the formation of the Swedish Red Cross has so far not been understood There is no reason to downplay the influence of Sven Eric Sköldberg, who brought the results of the Geneva conference of 1863 to the Swedish public sphere and the military bureaucracy There is also no reason to forget general Rudebeck, whose actual main contribution was to recruit the crown prince Oscar as the first chair, and of doctor Lemchen, or even young Pauli However, the project started as a feminist enterprise, before any of these men had taken the first steps in the organisational work The feminists also influenced and supported the project during the whole initial effort, and they made sure that the end result would have the design purpose that they had anticipated the whole time Many persons participated, but if in the end we should 51 RK Minutes 27 January 1865, R A 52 “Sjukvårds-föreningens första sammanträde d 24 maj 1865”, Tidskrift för Hemmet 3, 1865, p. 213 53 “Sjukvårds-föreningens första sammanträde d 24 maj 1865”, Tidskrift för Hemmet 3, 1865, pp. 213–4 Emphasis in original 54 Sophie Leijonhufvud to Rosalie Olivecrona 19 juni 1865, Olivecronska familjearkivet, R A 55 Sophie Leijonhufvud to Rosalie Olivecrona juni 1865, Olivecronska familjearkivet, R A Swedish Red Cross 223 talk about the most important founders of the Swedish Red Cross branch, it should be Leijonhufvud and Olivecrona We have also seen that the reason why neither the organisation’s own historians nor subsequent critical historians have understood their part in the event is that they had on purpose hidden from public eye They did not want to be seen (or for that matter, remembered) We can add to this that history is still often written out of an unconsciously male perspective that does not take into account the complexities of the public sphere.56 Let’s remember this when we investigate the history of international law References Ronny Ambjörnsson, Samhällsmodern, Ellen Keys kvinnouppfattning till och med 1896, Institutionen för idé- och lärdomshistoria, Göteborgs universitet, Gothenburg, 1974 Craig Calhoun, “‘New Social Movements’ of the Early Nineteenth Century”, Social Science History, vol 17, no 3, 1993, pp 385–427 Olof Cronenberg, Rưda korset 1863–1915, Institutionen fưr idéhistoria, Umể universitet, Umeå, 1985 Erland Gabriel Engberg and Peter Olof Liljewalch, Upplysningar om sjukligheten inom en armée på fältfot, med särskildt afseende på behofvet af läkare för svenska arméen och dess beväring, P A Norstedt & söner, Stockholm, 1854 Inger Hammar, Emancipation och religion, Den svenska kvinnorörelsens pionjärer i debatt om kvinnans kallelse ca 1860–1900, Carlsson, Stockholm, 1999 Heinz-Gerhard Haupt, “Religion and nation in Europe in the 19th century: Some comparative notes”, Estudos Avanỗados, vol 22, no 62, 2008, pp 7794 Yvonne Hirdman, Genus- om det stabilas föränderliga former, Liber, Stockholm, 2001 Gustaf Hjort, Sjukvården i Krig och Fred, Uppmaning och Uppmuntran till Sveriges Qvinnor att bidraga till dess fullkomnande Föredrag hållet vid nedläggandet af Ordförandeskapet i Göteborgs Vetenskaps- och Vitterhets-Samhälle d 24 Jan 1864 af Professor G Hjort, Bonnier, Göteborg, 1864 Axel Hultkrantz, Under Prins Carls ledning, Minnesanteckningar från fyra decennier i Röda Korsets överstyrelse, Iduns tryckeri Esselte, Stockholm, 1945 Sigrid Leijonhufvud, Sophie Adlersparre (Esselde), Ett liv och en livsgärning I, Norstedts, Stockholm, 1923 Peter Olof Liljewalch, Krigshistoriska intyg om behofvet af läkarvård för svenska arméen: höglofl Stats-utskottet vördsamt meddelade, P A Norstedt, Stockholm, 1857 Caroline Moorehead, Dunant’s Dream: War, Switzerland and the History of the Red Cross, Carroll & Graf Pub., New York, 1999 Anna Nordenstam, “‘Min älskade vän!’ Sophie Adlersparres och Rosalies Olivecronas brevväxling”, in Paulina Helgeson and Anna Nordenstam (Eds.), Brevkonst, Brutus Ưstlings bokfưrlag/Symposion, Stockholm/Stehag, 2003 Nordisk Familjebok Konversationslexikon och realencyklopedi (1st ed.), Bd 14, Expeditionen av Nordisk familjebok, Gernandts boktryckeri-aktiebolag, Stockholm, 1890 Cecilia Österberg, Den internationella humanitära rättens introduktion i Sverige, Ett stycke rödakorshistoria, Juridiska institutionen, Stockholm, 2001 56 Hammar, 1999, passim Cf Hirdman, 198, passim; Smitley, 2009 224 Mats Deland Dieter Riesenberger, Das Internationale Rote Kreuz 1863–1977 Für Humanität in Krieg und Frieden, Sammlung Van den Hoeck, Göttingen, 1992 Sven Eric Sköldberg, Sårades vård I fält: Den internationella konferensen i Genève oktober 1863 och dess resultater, L J Hierta, Stockholm, 1864 Megan Smitley, The Feminine Public Sphere Middle-Class Women and Civic Life in Scotland, c 1870–1914, Manchester University Press, Manchester, 2009 Sten Söderberg, Svenska röda korset 1865–1965 – de första 100 åren, AB Svensk Litteratur, Stockholm, 1965 Patricia Meyer Spacks, “Female Rethorics”, in Shari Benstock (Ed.), The Private Self, Theory and Practice of Women’s Autobiographical Writings, University of North Carolina Press, Chapel Hill and London, 1988 Eva Helen Ulvros, I skuggan av män – kvinnliga rưster i Tegnérs tid, Tegnérsamfundet, Lund, 2010 Vítor Westhelle, “Planet Luther, Challenges and Promises for a Lutheran Global Identity”, in Carl-Henric Grenholm and Gören Gunner (Eds.), Lutheran Identity and Political Theology, Pickwick publications, Eugene, 2015 Index Additional protocol I to the 1949 Geneva Conventions (1977) 3, 63, 87, 88, 102, 103, 105, 137, 139, 141, 191 Additional protocol II to the 1949 Geneva Conventions (1977) 3, 60, 61, 63, 67–72, 87, 106, 139, 140; Article 6(5) 60, 61, 70–72 Aerial warfare 83, 114–126 Afghanistan 38, 93, 94, 110, 183 Aftonbladet 216, 219 Agency 4, 5, 79, 80–81, 83, 146–147, 149, 152, 155, 156, 177, 178 Akayesu, J.-P 25 Al-Nakba 161 Alabama Case 201, 208 Aleksander, King 56 Alexander Blackman Case 152, 153n Allot, P 11 Althusser, L 148 Amnesty International 197 Amsterdam 184 Anderson K 108 Anghie, T 2, 11 Annales School 176 Antonescu, I 186 Appia, L 198 Association Internationale de Droit Pénal 186 Ariès, P 129 Arms Trade Treaty 2014 136 #Army High Command (Armeeoberkommando, AOK) a Association of Swedish Doctors 218 AU/UN Hybrid operation in Darfur (UNAMID) 92 Australia 20 Austria and Austria Hungary 36, 44–58, 135, 214, 218 #Austro-fascist Heimwehr 53 Autonomous weapon systems 114, 138–139, 143 Balibar, E 148 Balkan wars (1912–1913) 207 Bamiyan 183 Barthou, L 56 Barton, C 212 Basting, C 212 Beer Poortugael, J C C d 204 Bell, G 39 Bellot, H 207 Benjamin, W 131 Best, G 3, 107 Best practices 137 Bierzanek, R 117, 118 Bluntschli, J C 35, 36, 64 Bombing of London (1914) 114, 115 Braudel, F 177 Brazil 68 Bremer, F 218, 222 Brest-Litovsk Peace Treaty (1918) 47 Brett, A 12 Bretton Woods Institutions, #IMF, World Bank 23 Brusa, E 204 Brussels Conference (1874) 115, 184, 203, 212 Budapest 46, 50, 54 Buddha 183 Bulgaria 202 Bulletin des Societés de la Croix-Rouge 206 Burma 66 Cairo 184 Cambridge 204–206 Cambridge school of intellectual history 12–13 226 Index Canada 20 Canadian Military Manual 142 Carlyle, T 176 China (Republic of China) 19, 20, 53 Chivalry Christian churches 184; tradition 130 Civil War 61–62, 64–67, 70–72; Global 26–27, 136; North American 65, 180, 212, 215; Spanish 64; Yugoslav 24 Civil-Military Cooperation (CIMIC) 90, 92–94 Civil-military relations (CMR) 88–90 Civilization 24, 37, 39–40n, 105n, 130, 166n, 187 Clausewitz, C von 26, 100 Clausula si omnes 101 Cognition Theory 130 Colonialism 4, 19, 21, 31, 35, 38, 39, 67–68, 130, 154, 162, 163, 165, 166, 177, 207 Combatant immunity (combatant privilege) 14, 60, 62–65, 69–72 Command and control 88 Commission for the Prosecution of Crimes against the Polish Nation 121–122 Common property of all peoples (Gemeingut aller Völker) 37 Comprehensive Approaches to Multi-Dimensional Peace Operations (CAMPO) 90, 95–97 Computer network attacks (CNA) 80, 83 Copenhagen 184 Counterinsurgency Doctrine (COIN) 156 Craven, M 10 Crawford E 70, 71 Crimean War (1854–56) 212, 215 Crimes against humanity 17, 70, 72, 122, 163, 190, 194, Crimes against peace 17 Crimes of aggression 17, 21, 129, 161, 169 Crimes of genocide 4, 5, 17, 72, 179, 183–194 Critical scholarship 11, 14, 17, 21, 22, 23, 27, 40, 223 Customary international law 10, 33, 62n 8, 66, 71, 82, 85, 88n 17, 102, 103n 18, 105, 114, 118, 119, 121, 124, 137, 142, 167, 188, 192, 203 Cyclical theory of history 80 Dagens Nyheter 221 Dalue, K 57 Damaška, M R Danish-Austro/Prussian War (1864) 214–215, 218 D’Avray, D 14 Declaration of St Petersburg (1868) 199 Decolonization 38n 43, 130 Deeds of Commitments 71 Defensive Kundschaftsdienst 45, 46, 53, 54 Deflem, M 45 Denmark 65, 214, 215, 218 Detter, I Development 2, 86, 95, 96 Dinstein, Y 105 Discontinuity 36–38, 80, 166, 168–169 Drone 83, 107–108, 142 see also Unmanned aerial vehicle (UAV) Dublin Convention on Cluster Munitions (2006) 136 Dufour, G.-H 198–199, 207 Dumas, J 206–207 Dunant, H 10, 131, 134–136, 143, 198, 212–214, 217 Duve, T 31 Edling, N A 213–214 Egypt 53, 163, 166 Elias, N 129–130 Elor Azaria Case 152, 153n Elster, J 179 Emotions I 3, 5, 129–134, 136–140, 143–145, 149, 155 Engelhardt, E 204 Enlightenment 18, 199 Erga omnes partes obligations 103 Espionage 44–58 Eurocentrism 2, 4, 11, 31, 38–39 Evolution 2, 4, 32, 33, 80, 81–82, 83, 105, 143, 194: Theories of evolution 80, 81–82; see Theory of retention 82, Theory of selection 82, Theory of variation 82, Expulsion of populations 83 External perspective 4, 79–80, 148, 152, 220 Extrinsic history of international law 11 Fassbender, B Febvre, L 129 Feminism 5, 180, 213–214, 216, 222 Feuerbach, L 178 Foucault, M 14, 26, 27, 80 France 19, 20, 36, 37, 38, 39, 55, 56, 57, 65, 115, 117, 176, 180, 186 Franco-Prussian war (1870–1871) 5, 115, 180, 198–202, 208 Index 227 Franz-Ferdinand, Prince 207 Freeman, M 72 Freud, S 131 GAL-TAN scale 131 Galicia 48, 51, 52 Garner, J W 116 Gaza Strip 163, 166 Gazeta Warszawska 185 Geffken, F 204 Geneva 49, 50, 63, 135, 180, 198, 213–214, 217 Geneva Call 71 Geneva Committee/Committee of the five 197–198, 200–202, 212 Geneva Convention for the Amelioration of Wounded on the Battlefield of 1864 3, 10n, 135–136, 140n 180, 197–198, 200–208 Geneva Convention for the Amelioration of Wounded on the Battlefield of 1906 206, 208 Geneva Convention (III) Relative to the Treatment of Prisoners of War (1949) 137 Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War (1949) 82, 87, 101, 116–117, 121, 122, 137, 163, 190 Geneva Conventions (1949) 63, 64, 65–67, 102, 102, 103, 136, 139, 153, 190, 192: common article 66, 103–104, 105 Genocide, see Crimes of genocide German Centre for International Peace Operations (Zif) 90, 95–97 Germany 20, 21, 22, 33, 36, 37, 38, 44, 50, 57, 86, 90, 115–117, 119–123, 180, 185, 190, 214 Gillespie, A Gillot, L 205–206, 208 Gothenburg 215, 218 Grähs, C G 213, 214n, 221 Great Britain 20, 36–38, 55, 57, 65, 117–118, 131, 152, 180, 202, 212, 214–215 Greece 38, 66 Greiser, A., Case against 186 Grewe, W 1, 80n 7, 175 Grotius, H 13, 33, 175 Habsburg Empire 45, 49, 51–52 Hague 184 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) 34, 191–192: Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict (1999) 193 Hague Convention II with Respect to the Laws and Customs of War on Land (1899) 82, 101, 105 Hague Convention IV with Respect to the Laws and Customs of War on Land (1907) 82, 87, 101, 105, 116–117, 121, 137, 163, 167, 190, 197 Hague Convention IX concerning Bombardment by Naval Forces in Time of War (1907) 116, 117, 184 Hague Regulations 116, 124, 183, 190, 193–194 Hague Rules Concerning the Control of Radio in Time of War and Air Fare (1923) 184 Hague peace conference (1899) 115 Hague peace conference (1907) 115, 116, 206 Haile-Mariam, Y 24 Halleck, H W 35, 36 Hanke, H M 118 Hay, C 80 Hazelius, J A 213 Hegemony 19, 23, 24, 25, 34, 81, 154 Heiberg, J F 214n Heydrich, R 57 Historicism 176 Historiography 9–14, 30–40 Historische Rechtsschule 175 Historization 2–5, 9–14, 30–40, 79, 80, 81, 161, 166, 175–176, 177, 198, 207–208, 223 Hjort, G 215, 217–218 Hobbes, T 64 Holtzendorff, F v 201 Homo Juridicus 130 Homo Oeconomicus 130 Hornung, J 203 Hors de combat 106n, 137 Human rights 81–82 Human Rights Watch 138 Humanitarian actors 86–97 Humanitarianism 81, 100, 104–107, 108, 206 Hungary 65 See also Austria Hägerström, A 130–131 Ignatieff, M 108 Imago Dei 130 International criminal law 17–27, 123–124 228 Index International Monetary Fund 23 Indeterminacy (of law) 11, 155 Influence operations see Psychological operations (psyops) Institutional Economic Theory 130 Institute of International Law 115–203, 204, 206, 208 Integrale Rechtsgeschichte Inter-American Commission on Human Rights 72 Interdependency 81, 83, 170, 178n 24 Internal perspective 4, 12n 22, 13, 79–80, 148 International Anti-Anarchist Conference, Rome (1898) 55 International Agreement for the Suppression of the “White Slave Traffic” (1904) 55 International Commission to Inquire into the Causes and Conduct of the Balkan Wars (1913) 207 International Committee of the Red Cross (ICRC) 5, 9, 10, 65, 67–72, 82, 85, 93, 103, 136, 141, 146, 162, 180, 198, 202–206, 208, 212 International Committee of the Red Cross (ICRC) customary IHL study 9–10, 71, 85, 142n54 International Court of Justice (ICJ) 85, 132, 160, 162, 164–170, 189 International Criminal Court (ICC) 5, 17–23, 25–26, 30, 72n, 180, 192, 197; Al Mahdi case 193 International Criminal Police Commission (ICPC) 44, 45, 53–57 International Criminal Tribunal for Rwanda (ICTR) 17, 19, 20, 22, 24–25 International Criminal Tribunal for the former Yugoslavia (ICTY) 17, 19, 20, 22, 24, 103, 188 International humanitarian law 3, 9, 62, 70, 79, 114, 117, 212: as system 81; and emotions 134 International Military Tribunal (IMT) for the Trial of German War Criminals in Nuremberg 17–20, 23–24, 122–124, 186, 190 International Military Tribunal for the Far East (IMTFE) 17, 19, 20, 24 Iraq 38–39, 151, 153 Iron Guard 186 Islamic State [in Iraq and the Levant] (“ISIL”; IS; Daesh) 39, 183 Israel 132, 152, 153n, 160–171 Italy 36, 37, 52, 86, 90, 117, 118 Ius gentium 33 Japan 20, 21, 22, 53, 117, 118 Jauss, H R 14 Jerusalem 163, 166, 168 Jordan 163, 166 Judea 165 jus ad bellum x 4, 60, 150–151, 154 jus in bello 4, 61, 62, 114, 116, 124 See also international humanitarian law Just War Theory 9, 60, 62, 151 Kantian, neo- 130 Kattenbusch, A F 212 Keenan, J 24 Kelsen, H 131 Kennedy, D 10, 175 Klüber, J L 37 Koselleck, R 1, 13, 177 Koskenniemi, M 2, 11, 31, 35, 175 Larnaude, F 207 Latin America 36 Lauterpacht, H 64, 101 Law of War Manual (US Department of Defense) 9, 60, 61 League of Nations 34, 38, 40, 56, 117, 166, 169 Legal Positivism 147 Legal Realism, American 130; Scandinavian 130 Lehr, E 203 Leijonhufvud (married Adlersparre), S 213–223 Lemberg 52 Lemchen, J M 213, 218–219, 221–222 Lemkin, R 5, 179–180, 183–189, 194 Leroy-Beaulieu, P P 199 Lesaffer, R 11 Lieber, F 201 Lieber Code 34, 184 Liliewalch, P O 215 Liszt, F v 38 Little Book of Cathechism 216 Llewellyn, K 130 Locke, J 64 London Charter of the International Military Tribunal 122, 123 Lorimer, J 37 Lubanga Dyilo, T 25, 26 Luftwaffe 114–126 Index 229 Luhmann, N 14 Luther, M 216 Lutheran theology 180, 217, 220–221; State Church 214 Madrid 116, 184–185 Martens, F F 204 Martens Clause 105 Martens, G F v 37, 199 Marx, K 146, 178 Marxism 130, 148, 176 Maunoir, T 198 May, L 105 Medicins Sans Frontieres (MSF) 93, 94, 96 Mégret, F 80, 108 Meron, T Merryman, J H 34, 35 Mexico 65 Middle East 67, 168 Milgram experiment 148 Military objective 85, 116, 118, 119, 121 Milyutin, D A 199–200, 207 Modena 202 Moreno Ocampo, L 25 Morgenthau, H J 131 Morgenthau Plan 22 Moser, J J 37 Moynier, G 5, 180, 197–208, 213 Multi-National Civil-Military Cooperation Group (MNCG) 92 Mundy, J 201–202 Nabulsi, K Napoleon Bonaparte 37, 176 Napoleonic wars 33–34, 37 National Democratic Party (Polish) 51–52 Nato 84, 90, 91, 92–94, 95 Neff, S 16 Neoclassical Economic Theory 130 Netherlands 55, 69, 117 Nieman, G 24 Nietzsche, F 9, 82, 131 Nightingale, F 212, 221–222 Non-international armed conflict 4, 26, 62, 65–68, 70, 71, 82, 83, 103, 106, 192, 193 Non-state armed groups 20, 60–62, 137 Norway 65, 123 Nuremberg case law 123 Nuremberg Subsequent Military Trials 1946–1949, 123 Odendahl, K 32–33, 35 Odier, E 205 Olivecrona, K 214 Olivecrona (née Roos), R 214–223 Olivi, L 202 Oppenheim, L 118 Orford, A 13 Ottawa Convention on Anti-Personal Mines (1997) 136 Ottoman Empire 64 Oxford Manual (1880) 105n, 203, 206 Paccard, F 198 Pacta sunt servanda 102 Pakistan 69, 108 Palestine 132, 161–170 Palmyra 38, 39, 183 Paris 52, 54–55, 184, 190, 199, 204–205 Paris Peace Conference 1856 199; 1919 53, 56, 207 Pashukanis, E B 130 Pauli, C G 212–213, 222 Peacekeeping 21, 83, 85–87, 95: multidimensional intervention 86 Pella, V 186–187, 188n, 207 Persia 38 Personal perspective see agency Peters, A Phillimore, G 207 Pictet, J 66, 67, 103, 191 Plechanov, G 176 Pocock, J 12, 13 Portugal 36 Post-colonialism 2, 11, 31, 38–39 Post-political 131 Potalis, J.-E 199 Power 18, 23, 25, 26, 27, 33, 44, 45, 66, 80, 104, 130, 147, 155, 156, 178 Poznan 186 Pradier-Fodéré, P 204 Principle of distinction 81, 85–99 Principle of military necessity 81, 122, 140, 143, 164 Principle of proportionality 118, 140–144, 164 proprio motu powers 21 Proxy warfare 83 Psychological operations (psyops) 83 Ratio 134 Rational Choice Theory 5, 130–131, 179 Reception history 14 Reciprocity 82, 100–113: definition 100; si omnes 101–102; de jure 105 230 Index Red Cross Movement 5, 131, 135–136, 162, 180, 200, 201, 212–213, 215, 217, 219, 221, 222–223; Emblem 200 See also International Committee of the Red Cross (ICRC) Renaissance 129, 183 Renault, L 205, 207–208 Reprisals 64, 101, 102–103, 108 Restraint 81, 82, 100–108, 147, 150, 156, 199 Revue de Droit International et de Législation Comparée 200–201 Rieff, D 88, 89 Rolins-Jaequemyns, G 200–201, 204, Romania 47, 65, 186 Rome Statute for the ICC 72, 136, 192, 194, 197 Ronge, M 53 Roots of Behaviour in War (RBW) Study 146–150, 152–154, 156 Rosenberg, A 190 Roszkowski, G 204 Rudebeck, E U 212–213, 218–219, 222 Rules concerning the Control of Wireless Telegraphy in Time of War and Air Warfare (1923) 117–118 Russia 20, 39, 44, 45, 48, 51, 52 See also Soviet Union Rwanda 4, 20, 21, 22 Saalfeld, F 37, 38 Saint Petersburg Declaration (1868) 101, 105, 199 Samaria 165 Sandholtz 33–35 Santesson, C G 218 Sarajevo 46, 50, 54, 207 Saudi Arabia 69 Savigny, F C v 81, 175 Schabas, W A Schmitt, C 26, 131 Schmitt, M 138 Schober, J 48, 53 Serbia 24, 48–50, 202, 207–208 Sinclair, M B W 82 Sirus project 141 Six Days War 1967 166 Skarbek, A 52, 53 Skarpskytterörelsen (Voluntary Riflemen’s Movement) 215 Sköldberg, S E 213–215, 217, 219, 222 Skouteris, T 31, 32 Skubl, M 57 Slim, H 88 Social history of international law 4, 11 Société Genevoise d’Utilité Publique 198 Soft Law 137 Solferino 134–136, 214 Sovereignty 13, 21, 61, 64–65, 67–69, 73, 101, 104, 114, 130, 136, 163, 166, 201, 204, 205n, 206, 208 Soviet Union (USSR) 19, 65, 123 Spain 36, 64, 175 Spanish Civil War 64 Srebrenica St Petersburg Protocols (1904) 44 Steinhäusl, O 49 Stephens, D 146–149, 151–157 Stockholm 55, 91, 214, 218–219 Structure 4, 5, 17, 48, 79, 80–81, 82, 83, 101, 146, 148, 154, 160, 175, 176, 177–178, 179, 180: law as a social structure 149; as resource 81; as constraint 81, 147, 149, 152; Marxist structuralism 148; structural history 33, 180; structural violence 157 Suicide bombings 164 Sumner Main, H 37 Supreme Court, Israeli 169; Polish 186; US 64–65, 117 Sweden 69, 86, 90, 180, 212–223 Swedish Armed Forces International Centre (SWEDINT) 91–92 Swedish National Medical Board 213 Swedish Royal Martial Academy 213 Switzerland 1, 36, 52, 64, 134, 186, 193, 205, 212, 213, 223 Syria 38, 40, 183 Tadić, D 24 Taliban 89, 94, 153n, 183 Tallinn Manual 141 Terrorism 45, 56, 57, 71, 83, 163–165, 169, 171: Counter-terrorism 61, 62, 164, 165; War on terror 25–26, 80, 83 The First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field (1864) 3, 135, 197, 198, 204, 205 Theory of retention 82 Theory of selection 82 Theory of variation 82 Thick description 14, 90 Tidskrift för hemmet 214, 221 Timbuktu 30, 193 Total War 81 Treaty of Versailles 119 Index 231 Ukraine 47 Ullmann, E 38 UN Charter 23, 67, 164, 165n, 167 UN Economic and Social Council 186 UN General Assembly 160, 162, 167, 186, 188; UN Missions 86–92, 95–97; UN Security Council 19–21, 23, 164; UN Secretary-General 56n, 72, 86n, 162, 165n, 186 UN Human Rights Committee 72 UN integrated mission in Liberia (UNMIL) 87 UN Office for the Coordination of Humanitarian Affairs (OCHA) 92, 93 Undefended objects and localities 116–117, 121 UNESCO 30, 181, 191, 193 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Export, Import and Transfer of Ownership of Cultural Property (1970) 34 Unger, R M 31 United Kingdom, see Great Britain United Nations (UN) 23, 67, 72, 86, 164, 167, 169 United States (US) 19, 20, 23, 36, 63, 67, 70, 94, 117, 131, 180, 193, 203, 214, 215; US Supreme Court 64, 65 Unmanned aerial vehicle (UAV) 100, 107–109 see also Drone Uppsala 1, 214 US Sanitary Commission (1861–1865) 215 Ustaša 56–57 Vabres, D de 186–187, 188n, 207 Vattel, E de 35, 36, 63–64, 199 Vergé, C.-H 199 Vienna 44, 46–50, 53, 57, 201, 214 Vienna Police Directorate 45, 49, 50, 53, 54 Walzer, M 3, 138 War Crimes 1, 17, 69, 71–72, 122, 136n, 138, 163, 190, 192, 194, 206 Ward, R P 79–80 Weber, M 45, 179 Weir, E 88 Wellington, Lord 176 West Bank 163, 165–167, 169n Westlake, J 201 Westphalian order 81 Whitman, J Q Will Theory 130 Wollweber League 45 World Bank 23 World Heritage sites 30, 193 World Trade Organization (WTO) 23 World War, First 38, 44, 45, 56, 57, 58, 115, 117, 198, 199, 206–207; Second 1, 5, 19–20, 22–24, 27, 63, 67, 83, 114–115, 120, 124, 130, 136, 146, 190 Yugoslavia 56: balkanisation 21; the International Criminal Tribunal for the former Yugoslavia (ICTY) 17, 22; war 3, 188 Zachariä, K S 37 Zaïre 68 Zamorski, J 51–53 .. .International Humanitarian Law and Justice In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields To examine this historization and. .. References Amanda Alexander, “A Short History of International Humanitarian Law? ??, European Journal of International Law, vol 26, no 1, 2015, pp 109–138 Philip Allott, ? ?International Law and the Idea... right authority, and the right to use military violence International Humanitarian Law and Justice Historical and Sociological Perspectives Edited by Mats Deland, Mark Klamberg and Pål Wrange