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  • 6 - The State, Civility, and International Humanitarian Law

  • Edited by Matt Killingsworth, University of Tasmania, Tim McCormack, University of Tasmania
  • Book:
    Civility, Barbarism and the Evolution of International Humanitarian Law
    Published online:
    11 January 2024
    Print publication:
    01 February 2024, pp 111-134

  • Summary

    Chapter 6 has three interrelated aims. First, to identify the relationship between the modern nation-state, international humanitarian law (IHL), and notions of civility; second, through a historical exploration of the relationship between military necessity, proportionality, and discrimination in IHL, to make the argument that the claimed shift from sovereignty to humanitarianism is not as complete as often argued, and that rather, raison d’état continues to be a motivating factor informing constraint during combat; and third, through an exploration of ‘the standard of civilisation’, to identify how this relationship informs discord between the universal underpinnings of contemporary IHL, and ongoing violations of the law. The chapter concludes by proposing that the oft-maligned concept of a ‘standard of civilisation’ remains valuable in exploring continuities of double standards as they relate to protections afforded by the modern laws of war.