The law of armed conflict

Michelle Burgis-Kasthala

Chapter 30 in Research Handbook on Third World Approaches to International Law (TWAIL), 2025, pp 347-359 from Edward Elgar Publishing

Abstract: This chapter reflects on what a TWAIL approach to international humanitarian law (IHL) might look like. It begins with a short introduction to IHL before turning to the two key TWAIL techniques of greatest value in problematizing established IHL accounts. The first, history as method, undercuts dominant progressive narratives of IHL and helps us make connections between contemporary and ‘past’ colonial forms of violence. Second, feminists and TWAIL scholars alike stress the role that binaries play in underpinning hegemonic narratives within the international law discipline. As a field of law replete with such binaries, IHL is a particularly fruitful site to understand this critical methodology. The chapter ends by considering contemporary counterinsurgency operations as a way to link the past, present and future of a TWAIL-informed reading of IHL. Given the catastrophic violence that many in the Global South endure currently, a TWAIL-informed IHL lens is more crucial than ever.

Keywords: International humanitarian law; IHL; Humanitarian intervention; History; Binaries; Methodology; Colonialism (search for similar items in EconPapers)
Date: 2025
ISBN: 9781789901511
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