Show Notes
Professor Pablo Kalmanovitz, International Studies Division at CIDE, Mexico City, gives a talk for the Oxford PIL discussion group. The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws’ distinctive vocabularies and legitimized some of their widest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius’s theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, it is shown how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war.
Pablo Kalmanovitz is research professor and head of the International Studies Division at CIDE (Centro de Investigación y Docencia Económicas) in Mexico City. He has held permanent or visiting positions at the Universidad de los Andes in Bogotá, the European University Institute, Yale University, McGill University, and the University of Ulster. His research focuses on historical and theoretical aspects of the international regulation of armed force, on which he has published numerous articles and book chapters. His book The Laws of War in International Thought was published by Oxford University Press in 2020.
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The PIL Discussion Group hosts a weekly speaker event and is a key focal point for PIL@Oxford. Due to the current public health emergency, the PIL Discussion Group series will be held remotely for Hilary 2021. Speakers include distinguished international law practitioners, academics, and legal advisers from around the world. Topics involve contemporary and challenging issues in international law.
More from Public International Law Part III
Oona Hathaway, Professor of International Law at Yale Law School, discusses her ongoing project supported by the Guggenheim Foundation, entitled ‘War Unbound.’
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Eitan Diamond and Ellen Nohle explore the application of the prohibition of forcible displacement in armed conflict and the extent to which the non-consensual relocation of civilians may be prohibited under the IHL rules on the conduct of hostilities.
Tom Dannenbaum, Associate Professor of International Law at the Fletcher School of Law & Diplomacy, Tufts University, examines approaches to addressing the crime of aggression within a normatively coherent framework of immunities and international crimes. He particularly focuses on the legal and normative considerations on the establishment of a Special Tribunal for the Crime of Aggression against Ukraine.
Dr. Alessandra Spadaro of Utrecht University outlines several challenges to the applicability of the doctrine of superior responsibility in the context of the use of autonomous weapons systems.