This book conducts the first ever comprehensive study of the ICRC’s interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC’s authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL – and international law in general – develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.

The International Committee of the Red Cross (ICRC) was founded in 1863 and is often considered the gold standard in humanitarian action. Despite its many positive achievements over more than 150 years, some former ICRC officials believe that the organization is now in decline because of a series of recent policy choices. Their view is that the organization has undermined its reputation for independent and neutral humanitarian action, while growing too fast and too large, which has weakened its reputation for quick, tightly focused, and effective action in the field. David P. Forsythe revisits the ICRC policy decisions of recent decades and suggests that the organization is not in fatal decline, but that it does need to reconsider some of its policies at the margins. Though some errors have been made and some corrections are in order, Forsythe argues that its obituary is premature.

The purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor. It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract human-centric concepts, including sovereignty as responsibility and human security, in order to assess the development of the concept of humanity for the mandate and practice of the ICRC. Critically this book uses semi- structured interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo. Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and extremely complicated conflicts, in which, civilians, soldiers and non-State actors intermingle. In order to remain useful for the people on the ground, therefore, the ICRC is progressively developing its mandate. This book questions whether, on occasion, this could threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking of and recovery from conflict.

How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

When the international legal community seeks definitive information and educated commentary on Palestinian issues it turns to "The Palestine Yearbook of International Law." The ninth volume contains - leading articles on the judicial review in Palestine, on water management, and on the status of Jerusalem; - the texts of Palestinian, Israeli, and U.S. legislation; - the texts of several reports on rights and claims of Moslems and Jews in connection with the Wailing Wall; - a selection of recent book reviews; and - a detailed bibliography. The charged nature of this field heightens the importance of access to quality information. The Palestine Yearbook of International Law supplies topical coverage on a wide range of issues in the field, making it a key resource for international practitioners and academics.