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Beyond the ‘sham’ critique and the narrative of humanitarianism: A rejoinder to Jochen von Bernstorff

Accepted version
Peer-reviewed

Type

Article

Change log

Authors

Lustig, D 

Abstract

jats:titleAbstract</jats:title> jats:pWe are very grateful to Professor von Bernstorff for taking the trouble to read and comment on our article,1 which is a segment of a larger research project. His feedback will be invaluable in taking this project successfully to its next stage. While we could not address each and every aspect of his critique, the following response addresses four elements: the assertion that we argued that international humanitarian law (IHL) is merely a sham; his description of our historical approach as focused on the domestic; the ramifications of our historical analysis for future interpretation of IHL; and the challenge of one’s Vorverständnis to historical research.</jats:p>

Description

Keywords

4803 International and Comparative Law, 48 Law and Legal Studies

Journal Title

European Journal of International Law

Conference Name

Journal ISSN

0938-5428
1464-3596

Volume Title

31

Publisher

Oxford University Press (OUP)

Rights

All rights reserved