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Chapter 1 Introduction Notes Chapter 1 Introduction 1. SC Res. 824, 6 May 1993. Srebrenica was designated a safe area in SC Res. 819 of 16 April 1993. 2. SC Res. 918, 17 May 1994. 3. SC Res . 929, 22June 1994. 4. On safety zones, see Comite International de Ia Croix Rouge (CICR), 'Zones Sanitaires et Zones de Securite', Revue Intemationale de Ia Croix Rouge 82 (195 1), 442-483 and 628-662; Karin Landgren, 'Safety Zones and International Protection: A Dark Grey Area', International Journal of Refugee Law 7 (1995), 436-458; jean-Philippe Lavoyer, 'International Humanitarian Law, Protected Zones and the Use of Force', in UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia: Peacekeepers' Views on the Limits and Possibilities of the United Nations in a Civil War-Like Conflict, eds, Wolfgang Biermans and Martin Vadset (Aldershot: Ashgate, 1998), pp. 262-279; Yves Sandoz, 'The Establishment of Safety Zones for Persons Displaced within Their Country of Origin', in International Legal Issues Arising under the United Nations Decade of International Law, eds, Najeeb AI-Nauimi and Richard Meese (London: Martinus Nijhoff Publishers, 1995), pp. 899-927; and Maurice Torrelli, 'Les Zones de Securite', Revue Generale de Droit International Public (1995) 99, 787-849. 5. See CICR, 'Zones Sanitaires et Zones de Securite', 442. 6. Ibid., 443. 7. 1907 Hague Convention IV Respecting the Laws and Customs of War on Land, in Adam Roberts and Richard Guelff, eds, Documents on the Laws of War, 3'd ed. (Oxford: Oxford University Press, 2000), p. 78. 8. See CICR, 'Zones Sanitaires et Zones de Securite', 446-448. 9. See Ibid., 448-455, and Jean S. Pictet, ed., Commentary I Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Geneva: ICRC, 1952), pp. 208-209. 10. On 9 September 1939, the ICRC sent a memorandum to belligerents, in which it encouraged them to consider the possibility of setting up hospital zones and neutralized zones, and declared itself willing to administer them as a neutral party. Only Germany responded affirmatively to the idea, but on condition of reciprocity by the other parties to the conflict. A second attempt by the ICRC in March 1944 to convince belligerents to create such zones also failed. See CICR, 'Zones Sanitaires and Zones de Securite', 460-468. 11. See Ibid., 455-457. 12. See Ibid., 458-459 and Bernard Wasserstein, Secret War in Shanghai (London: Profile Books, 1998), pp. 18, 61. 13. See CICR, 'Zones Sanitaires and Zones de Securite', 469-483. 163 164 Notes 14. All articles pertaining to safety zones in humanitarian law are merely per­ missive and not mandatory, as states proved reluctant to accept stronger commitments. See Geoffrey Best, War & Law Since 1945 (Oxford: Clarendon Press, 1994), pp. 116-117. 15. 12 August 1949 Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, in Documents on the Laws of War, eds, Roberts and Guelff, p. 206. See also Pictet, Commentary I, pp. 206-216. 16. Annex I to 1949 Geneva Convention I, Draft Agreement Relating to Hospital Zones and Localities, in Pictet, Commentary I, pp. 415-429. 17. 12 August 1949 Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War, in Documents on the Laws of War, eds, Guelff and Roberts, pp. 306-307. See also jean S. Pictet, ed., Commentary TV Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Geneva: lCRC, 1958), pp. 118-133. 18. Annex I to 1949 Geneva Convention IV, Draft Agreement Relating to Hospital and Safety Zones and Localities, in Pictet, Commentary IV, pp. 627-639. 19. 8 June 1977 Geneva Protocol I Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, in Documents on the Laws of War, eds, Roberts and Guelff, pp. 454-456. See also Yves Sandoz, Christophe Swinarski and Bruno Zimmermann, eds, Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949 (Geneva: Martin us Nijhoff Publishers, 1987), pp. 697-712. 20. For similar lists, see Landgren, 'Safety Zones and International Protection', 440; and Sandoz et al., eds, Commentary on the Additional Protocols, p. 697. 21. The text of this ICRC mediated agreement can be found in Marco Sassoli and Antoine A. Bouvier, eds, How Does Law Protect in War? Cases, Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law (Geneva: International Committee of the Red Cross, 1999), pp. 1055-1056. 22. In the case of Sri Lanka, the zones were administered by the United Nations High Commissioner for Refugees (UNHCR) . 23. It must also be noted that the zones provided for in international humani­ tarian law relate only to international armed conflict. There is no mention of a safety zone concept in either the 1977 Geneva Protocol II Relating to the Protection of Victims of Non-International Armed Conflict or in Common Article 3 of the 1949 Geneva Conventions that outlines minimum provi­ sions for protection of civilians and other non-combatants in an armed conflict not of an international character. However, there is no reason why they should not serve as a model applied by analogy to internal wars, since they are only permissible courses of action for states, not obligatory ones. See Lavoyer, 'Protected Zones and the Use of Force', p. 266. 24. Safety zones differ from what one might refer to as protectorates, as estab­ lished in Kosovo and East Timor in 1999, in which the international com­ munity takes over the administration of an entire territory following the cessation of a conflict. 25. See for instance Hans J. Morgenthau, Politics Among Nations: The Struggle for Power and Peace, 51h ed. (New York: Alfred A. Knopf, 1978), p. 236. Notes 165 26. Many theorists have called for an exploration of the connection between rationality and norms, suggesting that a simple dichotomy is far too naive. See Martha Finnemore and Kathryn Sikkink, 'International Norm Dynamics and Political Change', in Exploration and Contestation in the Study of World Politics, ed. Peter j. Katzenstein eta!., (Cambridge, Massachusetts: The MIT Press, 1999), pp. 271-272; S. Neil MacFarlane and Thomas Weiss, 'Political Interest and Humanitarian Action', Security Studies 10 (Autumn 2000), 113-115; and Andrew Hurrell, 'Conclusion: International Law and the Changing Constitution of International Society', in The Role of Law in International Politics: Essays in International Relations and International Law, ed. Michael Byers (Oxford: Oxford University Press, 2000), p. 328. 27. William E. Connolly, The Terms of Political Discourse (Oxford: Martin Robertson & Company, 1983), pp. 55-56. 28. jane j . Mansbridge, 'The Rise and Fall of Self-Interest in the Explanation of Political Life', in Beyond Self-Interest, ed. jane]. Mansbridge (Chicago: The University of Chicago Press, 1990), pp. 3-22. 29. Hedley Bull, The Anarchical Society: A Study of Order in World Politics (London: the Macmillan Press, 1977), p. 13. 30. Ibid., pp. 67-73. 31. Andrew Hurrell, 'International Society and the Study of Regimes: A Reflective Approach', in Regime Theory and International Relations, ed. Volker Rittberger (Oxford: Clarendon Press, 1999), p. 59. 32. Michael Byers, Custom, Power and the Power of Rules: International Relations and Customary International Law (Cambridge: Cambridge University Press, 1999), p. 6. 33. Robert 0. Keohane, 'Empathy and International Regimes', in Beyond Self-Interest, ed. Mansbridge, p. 230. 34. Ibid., p. 229. 35. For a similar point, see Louis Henkin, How Nations Behave: Law and Foreign Policy, 2nct ed. (New York: Columbia University Press, 1979) p. 331. 36. Finnemore and Sikkink also suggest that such a synthesis might be useful so as to understand which logic (rationalist or normative) applies to what kind of actors under what circumstances. Finnemore and Sikkink, 'International Norm Dynamics', p. 273. 3 7. See Morgenthau, Politics Among Nations; E. H. Carr, The Twenty Years ' Crisis, 1919-1939: An Introduction to the Study of International Relations, 2nct ed. (London: Macmillan, 1946), and Kenneth Waltz, Theory of International Politics (Reading, Massachusetts: Addison-Wesley, 1979). 38. Stephen D. Krasner, 'Structural Causes and Regime Consequences: Regimes as Intervening Variables', in International Regimes, ed. Stephen D. Krasner (Ithaca: Cornell University Press, 1983), p. 1. 39. Arthur A. Stein, 'Coordination and Collaboration: Regimes in an Anarchic World', in International Regimes, ed. Krasner, p. 123. 40. Hurrell, 'International Society and the Study of Regimes', p. 55. 41. See Byers, ed., Role of Law in International Politics; Abram Chayes and Antonia Chayes, Th e New Sovereignty: Compliance with International Regula­ tory Agreements (Cambridge, Massachusetts: Harvard University Press, 1995); Henkin, How Nations Behave; and Anne-Marie Slaughter eta!., 'International Law and International Relations Theory: A New Generation of Interdiscip­ linary Scholarship', American Journal of International Law 92, 3 Uuly 1998), 367-397. 166 Notes 42. For a description of how this process works, see Chayes and Chayes, The New Sovereignty, pp. 118-123. These authors explain that, as a 'matter of international legal practice, questionable action must be explained and justified' in terms that are understood by other states. Therefore, 'the reasons adduced in explanation of justifications cannot be merely self­ regarding, but must have an objective appeal to the interlocutor' so that good legal arguments can be distinguished from bad. 43. Martha Finnemore, 'Constructing Norms of Humanitarian Intervention', in The Culture of National Security: Nonns and Identity in World Politics, ed. Peter J. Katzenstein (New York: Columbia University Press, 1996), p. 157. 44. Martha Finnemore, National Interests in International Society (Ithaca: Cornell University Press, 1996), pp. 1-2. 45. Robert 0. Keohane, International Institutions and State Power: Essays in International Relations Theory (London: Westview Press, 1989), pp.
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