John G. Winant Professor of U.S. Foreign Policy, University of Oxford
Ziv Bohrer, Janina Dill and Helen Duffy
Cambridge University Press, 2020
Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.
Cambridge University Press, 2015
Based on an innovative constructivist theory of international law the book investigates the effectiveness of international humanitarian law (IHL) in regulating the conduct of hostilities. A comprehensive exegesis of the law defining a legitimate target of attack reveals an unacknowledged controversy among legal and military professionals about the ‘logic’ according to which belligerents ought to balance humanitarian and military imperatives: the logics of sufficiency or efficiency. Although IHL prescribes the former, increased recourse to international law in US air warfare is constitutive of a legitimate target in accordance with the logic of efficiency. The logic of sufficiency is morally less problematic. Yet, neither logic satisfies contemporary expectations of effective IHL or legitimate warfare. Those expectations demand that hostilities follow a third logic , the logic of liability, which proves impracticable. The book proposes changes to IHL, but concludes that according to widely shared normative beliefs, on the 21st century battlefield, there are no truly legitimate targets.
Reviews and Discussions:
Stephen C. Ropp, Legitimacy in Global Politics (Review Article) Human Rights Review, 2016, Vol 17, pp. 391-396
For most publications that are not open access, you can find the author accepted manuscript under "Full Text". Please email me if you would like access to other papers.
Janina Dill, Marnie Howlett and Carl Müller-Crepon. At Any Cost: How Ukrainians Think about Self-Defense Against Russia (revise and resubmit)
Janina Dill and Benjamin A. Valentino. Why Ordinary People Care About International Law (working paper)
Janina Dill, Mara Redlich Revkin, and Bob Underwood. How Civilian Involvement in War Affects Their Victimization (pre-analysis plan)
Janina Dill, Emily Meyers, and Livia I. Schubiger. Consent, Aggregation and War Support (pre-analysis plan)
Janina Dill and Mara Redlich Revkin. Sources of Blame for Civilian Casualties: Evidence from Iraq (research in progress)
Janina Dill and Scott D. Sagan. The Ethics and Law of Nuclear Deterrence (research in progress)
Anette Stimmer and Janina Dill. The Concept and Reality of Norms in International Relations (research in progress)