Civilians under the law : inequality, universalisms, and intersectionality as intervention
Susan F. Hirsch
Civilians and modern war : armed conflict and the ideology of violence
London ; New York : Routledge, 2012
Bibliographie : p. 269-271
In this chapter the author explores the role of international law in protecting some civilians and failing to protect others. In so doing she addresses a central question taken up in the volume as a whole : how and why do international institutions contribute to lethal and non-lethal civilian devastation ? Although it has not always been applied uniformly, IHL guides the protection of civilians through a body of customary law, treaties such as the Hague Conventions of 1899 and 1907, the Geneva Conventions of 1949, and the related Additional Protocols of 1977, which include the Principle of Distinction. More recently, developments in International Criminal Law (ICL) have also shaped the treatment of civilians through treaties, statutes, and case decisions. Most notable are those related to the ad hoc criminal tribunals following mass violence, specifically the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), as well as the International Criminal Court (ICC) established in 1998.