Description
In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the kinetic realm, where distinction is in motion in South Sudan; the pedagogical realm, where distinction is taught in civil-military training spaces in Europe; and the intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague. Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of 'civilianness' in everyday practice. To safeguard their civilian status, and to deflect any qualities of 'combatantness' that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian-civilian lines, suggesting that humanitarian actors are longing for something more than civilian status - the 'civilian plus'. This special status presents a paradox: the appeal to the 'civilian plus' undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, the monograph emphasizes that even at the most normative level there is no bright line distinction to be found.
About the Author
Rebecca Sutton is a Leverhulme Trust Early Career Fellow at the University of Edinburgh Law School, where she teaches human rights and conflict resolution subjects at the graduate level. Rebecca has previously been a Visiting Fellow at the Oxford Institute for Ethics, Law and Armed Conflict, a Post-Doctoral Researcher at the Faculty of Law at McGill University, a Kathleen Fitzpatrick Fellow at Melbourne Law School, a SSHRC Fellow, and a Pierre Elliot Trudeau Foundation Fellow. She holds a PhD in International Law from the London School of Economics, a JD from the University of Toronto and an MSc in Violence, Conflict and Development from SOAS. Rebecca is a licensed Barrister and Solicitor in Canada, having been called to the Ontario Bar in 2014. She spent a decade working for humanitarian and human rights organizations and she has worked or conducted research in Darfur, Sudan; South Sudan; Ghana; South Africa; Cox's Bazar, Bangladesh; Indonesia; India; Central African Republic.
Reviews
the text presents an insightful, new perspective that shows the reality of distinction as an inherently flawed yet useful concept. * Louisa Rowe, University of Tasmania Law Review *
The principle of distinction lies at the heart of international humanitarian law and Dr Sutton's book gets to the (divided, enigmatic, contested, over-worked) heart of the principle itself. What are civilians? Who are humanitarians? Dr Sutton shows us how these categories are reproduced and where that work is done (in academies, in institutions, during military training, on the ground). And she does it all armed with an exceptionally sharp eye and a broad sweep of experience. An indelible contribution to the field. * Gerry Simpson, Chair of Public International Law, London School of Economics and Political Science *
What could be less contentious than the distinction between combatants and non-combatants in international humanitarian law as the starting point of all protection? Rebecca Sutton begs to differ, inviting us in the process to reexplore a foundational but in reality quite problematic and fluid summa divisio through a variety of settings. Thoroughly well-argued and always stimulating: the field was much in need of this book, even if it did not know it! * Frederic Megret, Professor of Law, McGill University Faculty of Law *
No matter how many courses on international humanitarian law one has taken or legal handbooks one has perused, one does not know the principle of distinction without having read this book. Bringing together clear legal analysis with a nuanced understanding of the complexity of humanitarianism, Dr Rebecca Sutton beautifully shows the work that the principle does in messy realities. * Sarah Nouwen, Chair of Public International Law, European University Institute and Reader in Public International Law, University of Cambridge *
Are humanitarians saviors? Should international law treat them exceptionally? Rebecca Sutton urges caution. Drawing from her extensive on-the-ground experience, and refreshing self-awareness, Sutton takes a clear-eyed view of humanitarianism. She suggests that the law not exalt their status. Sutton delivers an elegant, insightful, and brilliant book - a tour-de-force - that is a must-read for anyone concerned with peacekeeping, conflict resolution, or civilian-military relations. * Mark A. Drumbl, Class of 1975 Alumni Professor of Law Director, Transnational Law Institute Washington and Lee University *
In this compelling book, Dr. Sutton adroitly analyzes the ways in which the concept of distinction was established, legitimated, and circulated. She convincingly shows how the actions of humanitarians have helped efface rigid doctrinal lines, often with significant implications for whom the law serves in practice. In Dr. Sutton's subtle analysis, the usual classroom clarity surrounding a core concept of international humanitarian law evaporates into a much more complex haze - one that more accurately and fully reflects the diverse experiences of civilians in war. In applying an innovative methodology, Dr. Sutton's reassessments throw clarifying light on the promise and the perils of law in war. The Humanitarian Civilian should become a model for combining rigorous research, critical self-reflection, and unblinking appraisal of the people and institutions charged with developing and applying legal protections in war. * Naz K. Modirzadeh, Professor of Practice, Harvard Law School *
Book Information
ISBN 9780198863816
Author Rebecca Sutton
Format Hardback
Page Count 258
Imprint Oxford University Press
Publisher Oxford University Press
Weight(grams) 538g
Dimensions(mm) 240mm * 165mm * 25mm
About the Author
Rebecca Sutton is a Leverhulme Trust Early Career Fellow at the University of Edinburgh Law School, where she teaches human rights and conflict resolution subjects at the graduate level. Rebecca has previously been a Visiting Fellow at the Oxford Institute for Ethics, Law and Armed Conflict, a Post-Doctoral Researcher at the Faculty of Law at McGill University, a Kathleen Fitzpatrick Fellow at Melbourne Law School, a SSHRC Fellow, and a Pierre Elliot Trudeau Foundation Fellow. She holds a PhD in International Law from the London School of Economics, a JD from the University of Toronto and an MSc in Violence, Conflict and Development from SOAS. Rebecca is a licensed Barrister and Solicitor in Canada, having been called to the Ontario Bar in 2014. She spent a decade working for humanitarian and human rights organizations and she has worked or conducted research in Darfur, Sudan; South Sudan; Ghana; South Africa; Cox's Bazar, Bangladesh; Indonesia; India; Central African Republic.
Reviews
the text presents an insightful, new perspective that shows the reality of distinction as an inherently flawed yet useful concept. * Louisa Rowe, University of Tasmania Law Review *
The principle of distinction lies at the heart of international humanitarian law and Dr Sutton's book gets to the (divided, enigmatic, contested, over-worked) heart of the principle itself. What are civilians? Who are humanitarians? Dr Sutton shows us how these categories are reproduced and where that work is done (in academies, in institutions, during military training, on the ground). And she does it all armed with an exceptionally sharp eye and a broad sweep of experience. An indelible contribution to the field. * Gerry Simpson, Chair of Public International Law, London School of Economics and Political Science *
What could be less contentious than the distinction between combatants and non-combatants in international humanitarian law as the starting point of all protection? Rebecca Sutton begs to differ, inviting us in the process to reexplore a foundational but in reality quite problematic and fluid summa divisio through a variety of settings. Thoroughly well-argued and always stimulating: the field was much in need of this book, even if it did not know it! * Frederic Megret, Professor of Law, McGill University Faculty of Law *
No matter how many courses on international humanitarian law one has taken or legal handbooks one has perused, one does not know the principle of distinction without having read this book. Bringing together clear legal analysis with a nuanced understanding of the complexity of humanitarianism, Dr Rebecca Sutton beautifully shows the work that the principle does in messy realities. * Sarah Nouwen, Chair of Public International Law, European University Institute and Reader in Public International Law, University of Cambridge *
Are humanitarians saviors? Should international law treat them exceptionally? Rebecca Sutton urges caution. Drawing from her extensive on-the-ground experience, and refreshing self-awareness, Sutton takes a clear-eyed view of humanitarianism. She suggests that the law not exalt their status. Sutton delivers an elegant, insightful, and brilliant book - a tour-de-force - that is a must-read for anyone concerned with peacekeeping, conflict resolution, or civilian-military relations. * Mark A. Drumbl, Class of 1975 Alumni Professor of Law Director, Transnational Law Institute Washington and Lee University *
In this compelling book, Dr. Sutton adroitly analyzes the ways in which the concept of distinction was established, legitimated, and circulated. She convincingly shows how the actions of humanitarians have helped efface rigid doctrinal lines, often with significant implications for whom the law serves in practice. In Dr. Sutton's subtle analysis, the usual classroom clarity surrounding a core concept of international humanitarian law evaporates into a much more complex haze - one that more accurately and fully reflects the diverse experiences of civilians in war. In applying an innovative methodology, Dr. Sutton's reassessments throw clarifying light on the promise and the perils of law in war. The Humanitarian Civilian should become a model for combining rigorous research, critical self-reflection, and unblinking appraisal of the people and institutions charged with developing and applying legal protections in war. * Naz K. Modirzadeh, Professor of Practice, Harvard Law School *
Book Information
ISBN 9780198863816
Author Rebecca Sutton
Format Hardback
Page Count 258
Imprint Oxford University Press
Publisher Oxford University Press
Weight(grams) 538g
Dimensions(mm) 240mm * 165mm * 25mm
