Humanitarian action : global, regional and domestic legal responses / edited by Andrej Zwitter, Christopher K. Lamont, Hans-Joachim Heintze, Joost Herman.

"The laws governing humanitarian action stand at the intersection of several fields of international law, regional agreements, soft law and domestic law. Through in-depth case studies and analysis, expert scholars and practitioners come together to offer an interdisciplinary approach, which includes contributions from legal policy, international relations and philosophical perspectives. Providing invaluable overviews and insights, this collection of essays sheds light on the subject and makes sense of the various elements involved to elucidate the foundations of the different approaches by the different levels of humanitarian law and policy"-- Provided by publisher

Print version record.

Cover; Half-title; Title page; Copyright information; Table of contents; Foreword; List of cases; List of illustrations; List of abbreviations; List of international Conventions, Declarations, Statues, and Treaties; List of UN General Assembly Resolutions and Documents; List of UN Security Council resolutions and Documents; Notes on contributors; Introduction; Part I Law and politics of humanitarian action; 1 International law and humanitarian space in the twenty-first century: challenged relationships; 1. Introduction; 2. Contemporary challenges to international humanitarianism.

2.1 Classical IHL and humanitarian principles2.2 The changed nature of conflict and its effects on humanitarianism; 2.3 Politicisation and militarisation of aid; 2.4 Humanitarian organisations and their field of work: extended scope; 3. Humanitarian space: delineated by law, permeated by reality; 4. Conclusion; 2 The perils of Dunantism: the need for a rights-based approach to humanitarianism; 1. Introduction; 2. The unique context of Dunantist values; 3. Emerging normative frameworks after the cold war; 4. Don't ask, don't tell:the erosion of humanity; 5. The illusion of impartiality.

6. The pitfalls of neutrality7. Beyond neutrality: early recovery makes it impossible to stay above the fray; 8. Protection: where shame meets impotence; 9. The way forward: towards norms that work universally; 10. The aid worker'spoor options; 3 A humanitarian crisis: reframing the legal framework on humanitarian assistance; 1. Introduction; 2. Humanitarian assistance and scope of application; 3. The current legal framework concerning humanitarian assistance; 3.1 State sovereignty; 3.2 State responsibility; 3.3 Human rights law; 3.3.1. An independent human right.

3.3.2. The current status of human rights law3.4 Humanitarian law; 3.5 Determining a right to receive assistance?; 4. Humanitarian Crisis: an overarching approach; 4.1 Attempts at defining a complex situation; 4.2 Material scope of application; 4.2.1. Conflict and occupation; 4.2.2. Natural disaster; 4.2.3. An overarching approach; 4.3 Defining a humanitarian crisis; 5. The law applicable in a humanitarian crisis; 5.1 General international law; 5.2 IHL and human rights law; 5.3 Hierarchy or convergence of international legal norms?; 5.3.1. The 'lex specialisprinciple'

5.3.2. The common goal of both corpora juris6. Conclusion; 4 The utility and limits of legal mandate: humanitarian assistance, the International Committee of the Red Cross and mandate ambiguity; 1. Introduction; 2. The ICRC: a case study on assistance mandate; 3. Mandate asserted; 4. Mandate enacted; 4.1 The first phase: A framework for arguing mandate; 4.2 Second phase: promoting, not arguing, mandate; 4.3 Fostering mandate ambiguity; 5. Mandate practised; 6. Mandate assessed; 7. Conclusion.

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