This project examines the effectiveness of the Geneva Conventions on the laws of war. The goal is to offer a systematic analysis of the practice of states and selected non-state actors with regard to the conventions.
The project is organized around three questions of critical importance to understanding the role and impact of the laws of war: 1) How have the Geneva Conventions been incorporated into the laws and practices governing armed forces in particular countries? 2) In what ways has the Geneva regime constrained the behavior of states facing situations such as guerrilla warfare and terrorism, where one would expect the conventions to come under the greatest pressure? 3) What factors have contributed to the successes and failures of the Geneva Conventions to protect human rights in wartime?
An overarching theme will be to what extent, and under what conditions, does symbolic or “ritual” compliance (for example, incorporation into military manuals and military training) translate into actual compliance on the battlefield? The project will draw on insights from and make contributions to the law and society literature in sociology on compliance within organizations, the constructivist literature in international relations on persuasion and socialization, and legal scholarship on “internalization.”
Co-principal investigator is Matthew Evangelista, of Cornell University.