Abstract:
Traditionally, international humanitarian law (IHL) is conceptualized as a body of
mutually binding, horizontal international legal rules that are agreed upon by
States and that govern the relationships between parties to armed conflicts. Yet,
there is discernible evidence that contemporary IHL – and the broader normative
environment that pertains to the regulation of armed conflicts in which it is
situated – is incorporating elements of unilateralization, manifested in legal and
non-legal norms that regulate armed conflicts taking the form of commitments
whose validity is not dependent on being reciprocated. This article examines some
of the systemic implications of unilateralization of IHL and considers its pitfalls
and potential.
