1506 Flashcards
Dominance solution
Establish pwr hierarchy
Lead by hegemons and super power
Coercion by hegemons leads to opposition from the coerced hence disabling collective action
Reciprocity response
Give and receive
Rewarding behavior that contributes to the group
Punishing behavior that pursues self interest
Collective action
Action taken by a group in pursuit of members’ perceived shared interest
The logic of collective action by Mancur Olson argues that…
Individuals in all groups who try to act collectively have motives to become free passengers at the expense of others
Individuals in large groups have relatively little to gain per person from successful joint action
Collective action
Action taken by a group in pursuit of members’ perceived shared interest
IHL
International humanitarian law
International humanitarian law, also known as
the law of armed conflict
What is the IHL?
the body of wartime rules that protect people who are not or are no longer participating in hostilities
IHL also restricts
the means and methods of war
What is IHL central purpose?
to limit and prevent human suffering in times of armed conflict
When does IHL applies?
applies only during times of armed conflict
humanization of HL thesis
less on a basis of reciprocity concluded by the states
departed from purely instate character of reliance
reciprocity
legal (expectation in the limits of the law) & strategic (state decisions)
negative reciprocity
punishments, trade war, arm race
positive reciprocity
compliance to agreements
Reciprocity in IHL is
very nuanced
IHL relies on
treaties (geneva conference) & other sourcesfrom the 20th century
examples of not legally binding docs
informal state processes, UN docs (more pol, po manuals), po docs & guide lines
verbal practices
common sense, IHL customs(opinio rulis & usos), state declarations (statements, diplomatic declarations, etc.)
IHL-by products
popular academic publications/studies, states give mandates but do not ratify, commentaries and interpretations of the law
other sources of information of IHL
informal state processes
verbal practices
IHL-by products
first IHL treaty
Geneva treaty
laws in IHL established after
publications and reports
Tokyo draft
draft of a treaty supposed to protect civilians
treaty of prohibition of nuclear weapon
july 1970
Common paterns toward establishment of law
identification of the issue
public discussion
drafting of treaty & ratification
ICRC helping states applying the new laws
What is the role of the international society?
diffusion of IHL, convince states to apply the laws, raising awarness, auxilliaries to the gov.
