Researching international humanitarian law : a decision-making process model for operationalizing state practice
Author zone:
Matthew T. Zommer
In:
Development and the politics of human rights
Editor:
Boca Raton (United States) : CRC Press, 2016
Physical description:
p. 179-190 : tabl.
Languages:
English
General Note:
Previous version published under the title: "Operationalizing international humanitarian law : a decision-making process model for assessing state practice", in: International law research, Vol. 3, no. 1, 2014. - Photocopies. - Bibliographie : p. 189-190
Abstract:
The subject of international humanitarian law (IHL) contains multiple opportunities for accessing and gathering historical and contemporary examples of primary source material. However, a review of the literature reveals the absence of a consistent and coherent model for examining this material. Specifically, the subject of state practice is underoperationalized for research purposes. The aim of this paper is to provide a common methodological framework for researching and disseminating IHL source material. Two salient shortcomings in the literature reviewed influenced this chapter's development. First, the literature contains an overemphasis on treaty rule analysis, often failing to include examples of state practice. Second, a portion of the literature is advocacy driven, often ignoring examples of negative state practice. The decision-making process model advanced in this chapter addresses these limitations and provides an inclusive framework for assessing IHL.
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