Daniel Thürer, International Humanitarian Law: Theory, Practice, Context. Hague Academyof International Law, 2011, 500 pp., ISBN 978-90-04-17910-3

1.THIS is one of the pocket books published byTheHagueAcademyof Public Internation-al Law in 2011. It is an expanded version of the course delivered by Prof. Thürer in thesummer of 2008. Besides his many teaching and organizational obligations at various aca-demic institutions, Prof. Thürer also serves as a member of the International Committee ofthe Red Cross (ICRC) since 1991, and presided over the ICRC Legal Commission withmany missions in 1996–1999. As is widely known, the ICRC is at the origin of moderninternational humanitarian law (IHL), and it is mandated by the State Parties to theGeneva Conventions as guardian of IHL with its more than 80 delegations spreading allover the world, especially the States or areas stricken by armed conflicts. Thus, Prof.Thürer’s renowned academic expertise, together with his rich knowledge on field activitiesof the ICRC, makes him the proper lecturer on the subject.2. As indicated by its title, this book does not only address IHL theory but also the prac-

tices of various actors in the file of IHL as well as the contemporary context within whichIHL applies. Chapters I, II, III and IV mainly introduce the theoretical aspects of IHL.Chapters V and VII analyse the challenges presented by contemporary context to IHL.Chapter VI introduces the network of actors in the field of promotion of IHL. Thisbook presents a global and contemporary view of IHL and isworth careful reading or study-ing by both scholars and practitioners.3. Prof.Thürer is of the opinion that individual humanbeings should be the core value of

IHL. According to him,Mr.HenryDunant, the creator of the ICRC and uponwhose pro-posal the first Geneva Convention was adopted in 1864, rested his idea on three pillars andone of themwas the emphasis on the individual human being (p. 45). Thus, one of the keyaspects of IHL is that the human person is accorded the highest value. And by virtue of thislogic, the rules of IHL are to be universal, apply equally to all parties in a conflict and arebinding erga omnes and its basic norms are generally recognized as jus cogens (pp. 48–50).This humanization approach runs through all the chapters of this masterpiece, indicatingthat the tragic impact of war on human beings should be the main consideration of waginga war.4.The substantial introductionof the subject startswith the elaborationof the “cold law”

(p. 59) provided by IHL, namely the rules constraining themeans andmethods of warfare.Principles of humanity,military necessity, proportionality and distinction are considered asfour cardinal principles. The principle of humanity is regarded as the leading principle thatdirects the other principles and is understood as respect for human dignity (p. 66). Its con-tents are reflected inCommonArticle 3 of the 1949Geneva Conventions. Under the guid-ance of the principle of humanity, the principle ofmilitary necessity is emphasized in termsof its limitation effects rather than that as an authorization of force, by demanding that de-struction never be arbitrary, never become an end in itself but always be justified by the exi-gencies of war (p. 68). The principle of proportionality is also explained as a furtherconstrain on military action considered as tactically necessary and to ensure the parties inconflict do no more than what is required by the necessity of war as interpreted in lightof basic human values (pp. 74–75). In order to enhance its operational effects, Prof.Thürer suggests a three-tier test for the principle of proportionality (p. 76): (1) militaryaction must be adequate and reasonable for achieving the necessary military goal; (2) theincidental loss of civilian life and property must result from the least possible damage toachieve the end; (3) a balancemust be struck between the values underlyingmilitary neces-sity and considerations of humanity. By advocating humanity as the leading principle,

© The Author 2014. Published by Oxford University Press. All rights reserved

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Prof. Thürer structured these cardinal principles in a consistent, hierarchical relationship,which reflects a shift in modern international law away from mechanical and towards avalue-oriented system of rules (p. 65).

5. What might be more interesting to readers is Prof. Thürer’s analysis of arms controlissues in light of the basic principles of IHL with regard to biological weapons, chemicalweapons, proliferation of small arms, cluster munitions as well as nuclear weapons. Theabove-elaborated humanization approach is applied to all these issues, and it is not difficultfor us to foresee his conclusions in favour of a total ban on all these weapons. His analysisand argument on these issues are very instructive. Specifically, he proposed that perceptionsof human security and human consciousness as well as citizen oriented bottom-upapproach be adopted to address arms control issues, which are really inspiring tohumanitarian practitioners (pp. 94–116).

6. Chapter III of this pocket book is supposed to address “hot law”, that is the rules ofprotection of victims of war. However, Prof. Thürer departed from traditional descriptionsof those rules based on Geneva Conventions and its Additional Protocols, which could beinformative but boring to readers. Instead, what he did in this Chapter was to put greatefforts into elucidating the relationship between IHL and human rights law (HRL) andthe implementation procedurals and mechanisms of IHL and HRL. By advocating thathuman values be the foundation of both IHL and HRL, Prof. Thürer asserts that the rela-tionship between these two systems should be that of complementarity and convergence(p. 127). According to this theory, IHL and HRL must be applied concurrently in timeof armed conflict; when the IHL and HRL rules are overlapping, they shall reinforceeach other; when their norms contradict each other, IHL, as being lex specialis, shallprevail; with the emergency of non-international armed conflicts, IHL begins to respondto domestic violence, which has led to mutual growth and convergence of IHL andHRL. Recognizing the weakness of IHL in accountability mechanism, Prof. Thürerclaimed that IHL rules could be strengthened by the following mechanisms: humanrights mechanism, criminal courts and tribunals and truth and reconciliation commissions(pp. 156–192). His analysis of the pros and cons of those mechanisms is very instructiveand worth careful study.

7. After introducing the core contents of IHL, in Chapter IV, Prof. Thürer explores theway religions support, or sometimes act against, IHL. The humanitarian sentiments ofConfucianism, Hinduism, Buddhism, Judaism, Christianity and Islam were descripted.It is advocated that where religion can strengthen respect for IHL, it should be encouragedto do so (p. 241).

8. Following the theoretical introduction of the subject, Prof. Daniel Thürer turns toaddressing issues and challenges currently faced by IHL inChapter V, which will definitelybe of great interest to practitioners and scholars (pp. 242–292). This Chapter firstly dis-cusses the implications of changes in the nature and methods of warfare for IHL, and therole played by economic considerations in modern warfare. It then addresses whetherIHL can adequately meet those challenges. According to Prof. Thürer, the defining char-acter of contemporary warfare is asymmetry (p. 246), which lowers both sides’willingnessto respect IHL (p. 251). In the context of globalization, new actors are emerging, and olderactors are reappearing in those asymmetric wars and have created new challenges for IHL(p. 252). These old and new actors include warlords, rebel groups, international terrorand criminal networks and private military companies (PMCs). The issue of PMCs as anew actor in armed conflicts is specifically discussed, and the significance of theMontreuxDocument on PMCs is highlighted to address challenges posed by them. Citing SierraLeone as case in point, Prof. Daniel Thürer analyses economic considerations as an

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element stimulating and prolonging conflicts. Extensive discussion is devoted to the prolif-eration of small and light weapons and its negative impacts on IHL, and a strong treatymechanism is advocated to regulate arms trade based on Common Article I of the 1949Geneva Convention. Last but not least, in order to underscore or enhance the relevanceof IHL in respect of the challenges posed by contemporary warfare, a multi-responsibilityapproach was proposed (p. 282). This new promising approach firstly highlights theprimary responsibility of States to respect and ensure respect of IHL as required byCommonArticle I of theGenevaConvention. In the case that States are unable or unwillingto fulfil its obligations under IHL, non-State actors and international community shall stepin. As demonstrated by Prof. Thürer, it is not the legal status but the actual participation inarmed conflicts that obliges an actor to respect IHL. Thus, economic actors such as PMCs,arms producers and corporations shall also bear responsibility under IHL. As a last resort,the international community could step in to correct violations of IHLunder the auspices ofthe newly formed doctrine of responsibility to protect (R2P).9. In his discussion of the network of humanitarian actors promoting IHL, Prof. Thürer

focuses on the role played by the ICRC, the UN (Security Council, General Assembly andInternational Court of Justice), regional organizations such as the EuropeanUnion and theCouncil of Europe, non-governmental organizations (NGOs) and the media (pp. 293–376). While recognizing the importance of the ICRC and international organizations,he stresses the role of NGOs through his analysis of the success of the Ottawa Treaty andthe Cluster Munitions Treaty, and indicates that it is the efforts of the NGOs that havechanged the nature of the debate on humanitarian issues—considerations of politicaland State security were replaced by those of human values (p. 348). The role of themedia, the status of journalists and their responsibility are also subject of a detailed analysison the basis of treaty and case law, which is especially relevant today since “what we knowabout theworld we live in, we know through themassmedia” (p. 352). In this Chapter, wecan see that it is the opinion, or even the hope, of Prof. Thürer that the humanitarian net-work’s individual efforts collectively generate respect for IHL andmake it amatter of publicconcern around the world (p. 375).10. Having addressed IHL theory and its operational context, Prof. Thürer grants IHL

constitutional status in the system of international law (pp. 377–420). Before doing so, heonce again addresses the contemporary fundamental challenges faced by IHL (p. 384): IsIHL pertinent to today’s war on terror? Does IHL permit a legal vacuum for the so-calledunlawful combatants? Are there customary rules or general principles to fill the gaps leftby treaty law? Are the rules of IHL effective in practice? The responses of IHL to theseschallenges are, in the view of Prof. Thürer, quite positive and promising; and in order toenhance IHL’s effectiveness, he proposes an alternative framework for consideration.This framework is a bulwark of law against the violence of conflicts, constructed andstrengthened by three points of reference (p. 398): firstly, the Martens Clause, whichnot only strengthens the status of customary law but also introduces principles of humanityand public conscience so as to avoid a non liquet; secondly, the general principle of law,which is to be understood in amuchbroader andmore basic sense, andwhosemanifestationis Common Article 3 of the 1949 Geneva Conventions; thirdly, constitutional methodsof interpreting international legal rules. Noting that international community could notbe, nor has it not been, institutionally organized as States are, Prof. Thürer, in his argumentfor constitutionalism in international law, adopted an approach familiar within the Britishlegal tradition: even though the concept of a formal constitution does not exist in the UK,there are clear notions of constitutional principles and rules (p. 410). Thus, constitution-alism in international law is a method of construction aiming to establish elementary

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principles above and within the law and admit ethical andmoral considerations in the reso-lution of issues of international law. As proclaimed by international jurisprudence as juscogens and having erga omnes effects, fundamental principles of IHL, such as CommonArticle 3 and the Martens Clause, could be given a constitutional status within the inter-national legal regime. This constitutional construction is especially relevant in the newage facing the dangers posed by technological advances, which, according to Prof.Thürer, is something that cannot be dealt with by traditional legal means.

11. With a heart full of care for victims of war and for the human being as such, Prof.Thürer concludes his book by reiterating the obligations of all stakeholders, be it States,international organization or NGOs, to respect and ensure respect for IHL and by stronglyadvocating a total ban of nuclear weapons (pp. 422–437). More importantly, he remindsus thatwhenwe talk about IHLand its implementation, humanbeings should remain at thecentre, and thatwhen liberties and values die in the hearts ofmen, no lawor constitution, orcourt could be effective and save them (p. 438).

12. Finally, I would like to conclude my humble review of this excellent book by admit-ting that the reading experience of this book, like my two short encounters with Prof.Thürer in Geneva and Beijing several years ago, was a truly informative, instructive, inspir-ing and encouraging journey.

GUO YangSenior Political Advisor

Regional Delegation for East Asia, ICRC

Advance Access publication 10 July 2014doi:10.1093/chinesejil/jmu016

Carlos Espósito, Yuefen Li and Juan Pablo Bohoslavsky (eds), Sovereign Financing and Inter-national Law: The UNCTAD Principles on Responsible Sovereign Lending and Borrowing.Oxford University Press, 2013; xvii, 403 pp.; table of cases; list of abbreviations; list of contri-butors; annex; index. ISBN 9780199674374

1. AS an independent project that stems from the conference on ‘Responsible SovereignFinancing: The Search for Common Principles’ organized by the University Autónomaof Madrid and United Nations Conference on Trade and Development (UNCTAD) inMadrid on 2March 2012, this book critically assesses the global background, legal implica-tions, economic rationale, regional practices relating to, aswell as the future implementationof, the Principles on Responsible Sovereign Lending and Borrowing (“the Principles”), arecently proposed initiative on promoting responsible sovereign lending and borrowingin the light of the global financial crisis of 2007–2008. This project gathered wisdomfrom world-renowned experts.

2. Apart from the Introduction and Conclusion, the book contains five parts, with 17chapters in total. The Introductory part, consisting of Chapter 1, is an overview on whythe book was written and its objectives and contents.

3. Part I (Chapters 2 and 3) sets the global scene of the book with a discussion of theeconomic rationale of the Principles and an analysis of the exercises of internationalpublic authority involved in sovereign debt restructurings. Chapter 2 assesses the import-ance and the magnitude of sovereign financing, the origins of debt crises and the need for aset of principles addressing the problem of excessive debt. Chapter 3 focuses on the

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