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The Humanitarian Civilian : How the Idea of Distinction Circulates Within and Beyond International Humanitarian Law

By: (Author) Rebecca Sutton

Manufacture on Demand

Ksh 20,800.00

Format: Hardback or Cased Book

ISBN-10: 0198863810

ISBN-13: 9780198863816

Series: Oxford Monographs in International Humanitarian & Criminal Law

Publisher: Oxford University Press

Imprint: Oxford University Press

Country of Manufacture: GB

Country of Publication: GB

Publication Date: Feb 25th, 2021

Print length: 258 Pages

Weight: 538 grams

Dimensions (height x width x thickness): 24.00 x 16.50 x 2.50 cms

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One of the central principles of international humanitarian law is the principle of distinction between the civilian and the combatant. This book critically examines the situation of international humanitarian actors, showing how they struggle to protect and enhance their civilian status.
In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the kinetic realm, where distinction is in motion in South Sudan; the pedagogical realm, where distinction is taught in civil-military training spaces in Europe; and the intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague. Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of ''civilianness'' in everyday practice. To safeguard their civilian status, and to deflect any qualities of ''combatantness'' that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian-civilian lines, suggesting that humanitarian actors are longing for something more than civilian status - the ''civilian plus''. This special status presents a paradox: the appeal to the ''civilian plus'' undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, the monograph emphasizes that even at the most normative level there is no bright line distinction to be found.

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