Article

Revisiting the memory of Solferino : knowledge production and the laws of war

Eyal Benvenisti and Doreen Lustig

• Legal studies research paper series, University of Cambridge, Faculty of Law, paper no.1/2021, January 2021

English

Forthcoming in Andrea Bianch and Moshe Hirsch (eds), International Law's Invisible Frames (Oxford University Press, 2021). Source : https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3766952 (last consulted 20.01.2021)

During the course of the second half of the nineteenth century, the rules regulating the conduct of armies during hostilities were internationally codified for the first time. The conventional narrative attributes the codification of the laws of war to the campaign of civil society, especially that of the founders of the Red Cross - Henry Dunant and Gustave Moynier. In what follows, we problematize this narrative and trace the history of the construction of this knowledge. We explore how the leading figures of the Red Cross, who were aware of the shortcomings of their project, were nonetheless invested in narrating its history as a history of success. Their struggle to control the narrative would eventually confer the International Committee of the Red Cross (ICRC) with considerable interpretive and agenda-setting authority in the realm of the laws of war. We dwell on the meaning of this conscious exercise in knowledge productive and its normative ramifications.

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