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This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.
List of contents
- Introduction
- 1: What Is 'Soft' Law? An Analysis of the Concept of Non-Binding Instruments and Provisions in International Law
- 2: The History of Non-Binding Instruments in the History of International Humanitarian Law
- 3: Non-Binding Provisions in Binding Instruments
- 4: Non-Binding Instruments in International Humanitarian Law: State-Directed Non-Binding Instruments, and Non-Binding Instruments Created by Expert Groups
- 5: Non-Binding Instruments in International Humanitarian Law: Civil Society Contributions to the Development of Non-Binding Norms
- 6: The Benefits of Soft Law in International Humanitarian Law: Why the Turn to Non-Binding Instruments and Mechanisms?
- 7: The Efficacy of Soft Law Norms
- 8: Legitimacy and Legality and Non-Binding Instruments in International Humanitarian Law
- 9: The Impact of the Turn towards the Non-Binding in International Humanitarian Law and the Way Forward for Non-Binding Norms in International Humanitarian Law
About the author
Emily Crawford is an Associate Professor at the University of Sydney Law School, where she teaches and researches in international law, international humanitarian law, and international criminal law. She has published widely in the field of international humanitarian law, including two monographs (The Treatment of Combatants and Insurgents under the Law of Armed Conflict (OUP 2010) and Identifying the Enemy: Civilian Participation in Hostilities (OUP 2015)) and a textbook (International Humanitarian Law (with Alison Pert, 2nd edition, CUP 2020)). She is an associate of the Sydney Centre for International Law, and a co-editor of the Journal of International Humanitarian Studies.
Summary
This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.
