Law and Sentiment in International Politics: Ethics, Emotions, and the Evolution of the Laws of War

This book explores how universal moral beliefs and emotions shaped the evolution of the laws of war, highlighting the fragility of civilian protection norms and the need to change how we think about the ethics of killing in war.

Format: Paperback / softback
Length: 326 pages
Publication date: 21 March 2024
Publisher: Cambridge University Press

Drawing on recent research in moral psychology and neuroscience, this book makes a compelling argument that universal moral beliefs and emotions have played a significant role in shaping the evolution of the laws of war, particularly those that seek to protect civilians. It challenges the notion that civilian protection norms are a modern Western invention and demonstrates that these norms had their roots in earlier societies and civilizations, including Ancient China, early Islam, and medieval Europe.

Despite their widespread acceptance, the book argues that civilian protection rules are inherently fragile and that their fragility stems from both failures of compliance and the influence of moral emotions on the legal framework. It explores how the same beliefs and emotions that lead individuals to condemn the intentional targeting of civilians can paradoxically be used to justify states for incidental civilian casualties or collateral damage.

To improve the effectiveness of the laws of war in protecting civilians, the book suggests that we need to reevaluate our ethical perspectives on killing in war. It advocates for a shift towards a more nuanced understanding of the moral implications of warfare, one that recognizes the complexities and moral dilemmas that arise in situations of conflict.

The book also offers practical recommendations for policymakers and military leaders, including the development of stricter compliance mechanisms, the promotion of cultural sensitivity and empathy, and the integration of civilian protection principles into military strategy and operations. By addressing the fragility of civilian protection rules and promoting a more ethical approach to killing in war, this book aims to contribute to the ongoing effort to make the laws of war more humane and effective in protecting the lives and well-being of civilians.

ISBN-13: 9781108949392