Article

International humanitarian law and multiculturalism

P. Ishwara Bhat

• ISIL yearbook of international humanitarian and refugee law, Vol. 11, 2011, p. 74-106

English

The author explores the relationship between multiculturalism and international humanitarian law (IHL) and concludes that respect for multiculturalism helps balance the necessity for war with the dignity of individuals. The author argues that multiculturalism and IHL are consistent in their approach to impartiality, humanism, and the protection of life, liberty, and culture. Both approaches are also rooted in the promotion of human rights through the rejection of discrimination. The author suggests that cultural conflicts based on racial hatred during the 20th century resulted in the realization of mutual tolerance, contributing to the rise of IHL. Next, the author shows how a multicultural approach to IHL can help prevent conflict by fostering a norm of cultural pluralism that combats against effacement of cultural identities. Further, this approach emphasizes the significance of religious freedom in IHL, which brings mental tranquility to the wounded, sick and detainees during war. The author holds that respecting cultural property is conducive to supporting multiculturalism and argues that states should act cooperatively to safeguard cultural property during conflict. Finally, the author examines the ICRC and argues that the organization is suited to adopt a multicultural approach to IHL based on its objectives, structure, and international role. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• ISIL yearbook of international humanitarian and refugee law / THE INDIAN SOCIETY OF INTERNATIONAL LAW
• ISIL yearbook of international humanitarian and refugee law [Vol. 11, 2011] / THE INDIAN SOCIETY OF INTERNATIONAL LAW