Searching for a 'Principle of Humanity' in International Humanitarian Law

This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.

This book provides a unique investigation into whether there exists a 'principle of humanity' which has legal force in international humanitarian law (IHL) independently of those humanitarian considerations which are weighed against the demands of military necessity to make up the norms of IHL.The legal norms of International Humanitarian Law (IHL) are the product of a compromise between humanitarian considerations and the demands of military necessity. In Searching for a 'Principle of Humanity' in International Humanitarian Law, international legal scholars consider whether humanitarian considerations have an independent legal impact on IHL beyond the formation of these norms. They ask whether a 'principle of humanity' can be said to have legal force in its own right. Moreover, the book investigates whether regional or national differences are emerging regarding the import and emphasis placed on humanitarian considerations. For instance, do states which are not directly affected by armed conflict attach a greater weight to humanitarian considerations when interpreting and applying IHL than those states which are more directly involved in armed conflicts? Specifically, this book examines whether a particular 'Nordic perspective' can be identified, owing to those states' involvement in armed conflicts outside their own territories in the post-Second World War era.