Revisiting the Memory of Solferino: Knowledge Production and the Laws of War

Abstract

During the course of the second half of the 19th 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 Gustav Moynier. In what follows, we problematize this narrative and trace 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 production and its normative ramifications.

Unveiling the “Legal Conscience of the Civilized World:” a Critical Look at the Institut de Droit International

“…In short, the goal was to safeguard private and public property from misuse and to resist any attempts, whether domestic or external, to alter the existing laws of the occupied territory. 26 Even though the Oxford Manual contained rules that were more favorable to the people living under occupation, essentially, the occupation regime was still a pact between elites of powerful governments and weaker states. This pact was to ensure political stability and safeguard the wealth of the propertied class and foreign investors' confidence that their assets were secure from the enemy and from any potential threats by the working class who might seize the opportunity of the weakened local authorities to cause unrest.…”