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The Protagonism of the USSR and Socialist States in the Revision of International Humanitarian Law

Accepted version
Peer-reviewed

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Type

Article

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Authors

Mantilla Casas, Giovanni  ORCID logo  https://orcid.org/0000-0001-7415-6196

Abstract

The USSR and Socialist states played a crucial and still largely underappreciated role in the re-negotiation of international humanitarian law (IHL) in 1949 and 1977. Drawing on new multi-archival research, I demonstrate that the support of the Soviet Union and Socialist Bloc states was essential to the negotiation of key legal achievements with regard to non-traditional conflict forms and actors, including rules on internal conflicts, national liberation war, and irregular fighters. They exerted influence chiefly through concerted action to create or side with majority coalitions alongside neutral Western or Third World countries, forcing their principal Western foes to accept rules they found undesirable. Yet Soviet-Western interactions in the re-making of IHL were not simply confrontational. In the 1970s, as Cold War hostilities cooled, East and West engaged in partial backdoor cooperativeness, leading to critical features of the Additional Protocols I and II, including rules for the protection of civilians and IHL oversight.

Description

Keywords

laws of war, international humanitarian law, Socialism, Cold War, decolonization, Geneva Conventions, Additional Protocols, ICRC

Journal Title

Journal of the History of International Law

Conference Name

Journal ISSN

1388-199X
1571-8050

Volume Title

21

Publisher

Brill Academic Publishers

Rights

All rights reserved