Conclusion

Krieger, Heike

doi:10.1017/cbo9781316182369.022

Cited by 4 publications

(4 citation statements)

References 59 publications

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“…Typically, it is suggested that ‘the existing IHL framework may be inadequate for achieving maximum compliance … by armed non-State actors’ (Bradley, 2013: 131). More needs to be done to ‘buy’ them into the system (Krieger, 2013). In essence, the different legal status accorded to irregular forces, in these legally murky conflicts, is such as to discourage their compliance as it does not (fully) provide them with the normal ‘combatant’s privilege’ in any case (Berman, 2004: 7).…”

Section: The Dominant Diagnosis Of the State Of The Laws Of Warmentioning

confidence: 99%

Crisis in the laws of war? Beyond compliance and effectiveness

Clark

Kaempf

Reus-Smit

et al. 2017

European Journal of International Relations

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How can we tell what state the laws of war are in today, and whether they face exceptional pressures? Standard accounts of the condition of this body of law focus on problems of compliance and effectiveness. In particular, there is a dominant international legal diagnosis that most non-compliance is accounted for by the prevalence of non-state belligerents in irregular or asymmetric conflicts. We propose that any such diagnosis is partial at best. A focus on compliance and effectiveness tells us nothing about the reasons for actor behaviour, or about its impact on the regime. We advance a different conceptual framework, exploring the complex connections between compliance, effectiveness and legitimacy. We propose an alternative diagnostic model that places legitimacy at the heart of the analysis, treating it as causal, not simply symptomatic. This highlights when violations result in legitimacy costs for the individual actor, as opposed to reaching a tipping point when violations cumulatively impose legitimacy costs on the regime itself. We argue for the need to move beyond discussions framed by compliance and effectiveness, and towards the forms, reasons and reception of non-compliant behaviour, as this provides a truly social measure of the state of the law. In order to illustrate this, we examine three distinct types of challengers — Islamic State of Iraq and the Levant, the US and Russia — and present them as, respectively, revisionist, rejectionist and denialist threats to the regime. Unusually, the laws of war today face challenges on all three fronts simultaneously.

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Section: The Dominant Diagnosis Of the State Of The Laws Of Warmentioning

confidence: 99%

Crisis in the laws of war? Beyond compliance and effectiveness

Clark

Kaempf

Reus-Smit

et al. 2017

European Journal of International Relations

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“…However, in international law and political science, the debate has moved on. International legal scholars have increasingly focussed on the applicability, adaptability and compliance-pull of international humanitarian law in non-international armed conflicts (Bellal 2016;Fortein 2017;Krieger 2015;Rodenhäuser 2018). Political science research surrounding rebel governance has demonstrated that armed groups may provide governance structures where they have established some form of control over a territory or population (Mampilly 2011;Mampilly 2015a, 46;Weinstein 2007;Wood 2015, 21-24).…”

Section: Introductionmentioning

confidence: 99%

International Law and Governance by Armed Groups: Caught in the Legitimacy Trap?

Krieger

2018

Journal of Intervention and Statebuilding

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Empirical research shows that armed groups may provide governance services to civilians where they have established some form of control over a territory or population. At the same time, armed groups often pursue policies designed to enhance legitimacy in order to strengthen their claim to power. This gives rise to the question: Does the virtuous governance circle, to which this special volume is dedicated, also apply to governance efforts on the part of armed groups and which conditions must be fulfilled in order for the virtuous circle to operate? The article highlights that the contradictory demands of the multiple audiences of legitimacy with which armed groups need to communicate, create a dilemma that may interrupt the virtuous circle. Bringing together international legal and political science discourses on armed group governance, the article argues that the state-centric fabric of the international legal framework contributes significantly to this process.

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“…Where group structures have completely broken down and the fighting atomized, every combatant is his own commander and the traditional mechanisms for the implementation of international humanitarian law are wholly ineffective'. See D. Th¨urer, 'The "failed State" and international law', 31 violations, focusing on the Congolese legal system. 12 Kumbu and Kahombo provide in this sense some insights into the difficulties the Democratic Republic of Congo faces when attempting to effectively prosecute war crimes.…”

mentioning

confidence: 99%

“…In her concluding ideas, Krieger affirms that '[t]he international community responds to the challenges which conflicts in war-torn areas of limited statehood pose for compliance with international humanitarian law by allocating competences to actors other than the State concerned'. 31 Although international organizations contribute to enforce this legal regime, this task remains dependent on their members, who may be reluctant to engage with armed groups. However, in today's IHL context in which the majority of armed conflicts include at least one organized NSAG, respect for IHL can only be achieved through their engagement.…”

mentioning

confidence: 99%

Heike Krieger (ed.), Inducing Compliance with International Humanitarian Law. Lessons from the African Great Lakes Region, Cambridge, Cambridge University Press, 2015, 557 pp., ISBN 978-1-107-10205-7

Heffes¹

2018

Leiden Journal of International Law

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Conclusion

Cited by 4 publications

References 59 publications

Crisis in the laws of war? Beyond compliance and effectiveness

Crisis in the laws of war? Beyond compliance and effectiveness

International Law and Governance by Armed Groups: Caught in the Legitimacy Trap?

Heike Krieger (ed.), Inducing Compliance with International Humanitarian Law. Lessons from the African Great Lakes Region, Cambridge, Cambridge University Press, 2015, 557 pp., ISBN 978-1-107-10205-7

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