International Law and New Wars

Archibugi, Daniele (2018) International Law and New Wars. [Book Review]

Abstract

Traditional international law has become incapable of providing a useful normative framework for most of the conflicts of the contemporary world: this is what Christine Chinkin and Mary Kaldor denounce in their impressively fresh book International Law and New Wars, a daring venture which will provoke much discussion among theorists and practitioners of global governance. International law as taught in universities is still based on the assumption that States are sovereign and that they can effectively control transnational forces. It is conceived for a world where organized violence is waged by national armies clearly identified by uniforms and hierarchies and where boundaries are patently marked by patriotic flags. The authors argue that international law is less and less able to account for contemporary warfare, where the aggressors are insurgents, terrorists, members of criminal gangs and other groups not affiliated with any State. The book shows that, even when wars have started as inter-State disputes (like those waged in Afghanistan and Iraq), the real problem is not that of achieving a military victory, easily predictable due to the overwhelming might of Western States, but is rather one of administering and guaranteeing safety in the occupied territories after their conquest.

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