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“The Rights and Obligations of Parties to International Armed Conflicts”

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This chapter argues that the process commonly described as the development of international law “from bilateralism to community interest” should be dis-aggregated into its formal, procedural, and substantive dimensions. A move away from formal and procedural bilateralism is always a move towards community interest because it furthers the rule of law. In contrast, a move away from formal/procedural bilateralism does not guarantee a better protection of the community’s substantive interests. International humanitarian law is a trailblazer of procedural and formal progress, yet a slacker in the substantive move toward what is commonly taken to be community interest: protecting the individual. The chapter further shows that alongside protecting the individual, the international community has a second competing substantive interest in the regulation of warfare: preserving military efficacy. International humanitarian law’s development highlights that progress in international law is more complex than the phrase “from bilateralism to community interest” suggests .
Oxford University Press
Title: “The Rights and Obligations of Parties to International Armed Conflicts”
Description:
This chapter argues that the process commonly described as the development of international law “from bilateralism to community interest” should be dis-aggregated into its formal, procedural, and substantive dimensions.
A move away from formal and procedural bilateralism is always a move towards community interest because it furthers the rule of law.
In contrast, a move away from formal/procedural bilateralism does not guarantee a better protection of the community’s substantive interests.
International humanitarian law is a trailblazer of procedural and formal progress, yet a slacker in the substantive move toward what is commonly taken to be community interest: protecting the individual.
The chapter further shows that alongside protecting the individual, the international community has a second competing substantive interest in the regulation of warfare: preserving military efficacy.
International humanitarian law’s development highlights that progress in international law is more complex than the phrase “from bilateralism to community interest” suggests .

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