The Humanitarian Civilian: How the Idea of Distinction Circulates Within and Beyond International Humanitarian...

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Rebecca Sutton (Leverhulme Trust Early Career Fellow, Leverhulme Trust Early Career Fellow, Edinburgh Law School)

The Humanitarian Civilian

How the Idea of Distinction Circulates Within and Beyond International Humanitarian Law

Rebecca Sutton (Leverhulme Trust Early Career Fellow, Leverhulme Trust Early Career Fellow, Edinburgh Law School)

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English

Oxford University Press
11 March 2021

Series: Oxford Monographs in International Humanitarian & Criminal Law

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.

By: Rebecca Sutton (Leverhulme Trust Early Career Fellow Leverhulme Trust Early Career Fellow Edinburgh Law School)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 165mm, Spine: 25mm
Weight: 538g
ISBN: 9780198863816
ISBN 10: 0198863810
Series: Oxford Monographs in International Humanitarian & Criminal Law
Pages: 258
Publication Date: 11 March 2021
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction 2: What is the distinction 3: Who draws the line 4: How is the line drawn 5: Where is the line drawn 6: Conclusion

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 for The Humanitarian Civilian: How the Idea of Distinction Circulates Within and Beyond International Humanitarian Law

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 *