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War, Peace and International Order?

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War, Peace and International Order? War, Peace and International Order? The exact legacies of the two Hague Peace Conferences remain unclear. On the one hand, diplomatic and military historians, who cast their gaze to 1914, traditionally dismiss the events of 1899 and 1907 as insignificant footnotes on the path to the First World War. On the other, experts in international law posit that The Hague’s foremost legacy lies in the manner in which the conferences progressed the laws of war and the concept and application of international justice. This volume brings together some of the latest scholarship on the lega- cies of the Hague Peace Conferences in a comprehensive volume, drawing together an international team of contributors. Maartje Abbenhuis is an Associate Professor in Modern European History at the University of Auckland, New Zealand. Christopher Ernest Barber is a PhD candidate in International History at the University of Auckland. Annalise R. Higgins is a recent graduate of the University of Auckland and a PhD candidate in World History at the University of Cambridge. Routledge Studies in Modern History For a full list of titles in this series, please visit www.routledge.com. 15 Transnational Perspectives on Modern Irish History Edited by Niall Whelehan 16 Ireland in the World Comparative, Transnational, and Personal Perspectives Edited by Angela McCarthy 17 The Global History of the Balfour Declaration Declared Nation Maryanne A. Rhett 18 Colonial Soldiers in Europe, 1914–1945 “Aliens in Uniform” in Wartime Societies Edited by Eric Storm and Ali Al Tuma 19 Immigration Policy from 1970 to the Present Rachel Stevens 20 Public Goods versus Economic Interests Global Perspectives on the History of Squatting Edited by Freia Anders and Alexander Sedlmaier 21 Histories of Productivity Genealogical Perspectives on the Body and Modern Economy Edited by Peter-Paul Bänziger and Mischa Suter 22 Landscapes and Voices of the Great War Edited by Angela K. Smith and Krista Cowman 23 War, Peace and International Order? The Legacies of the Hague Conferences of 1899 and 1907 Edited by Maartje Abbenhuis, Christopher Ernest Barber and Annalise R. Higgins 24 Black Cosmopolitanism and Anticolonialism Pivotal Moments Babacar M’Baye War, Peace and International Order? The Legacies of the Hague Conferences of 1899 and 1907 Edited by Maartje Abbenhuis, Christopher Ernest Barber and Annalise R. Higgins First published 2017 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2017 selection and editorial matter, Maartje Abbenhuis, Christopher Ernest Barber and Annalise R. Higgins; individual chapters, the contributors The right of Maartje Abbenhuis, Christopher Ernest Barber and Annalise R. Higgins to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Abbenhuis, Maartje M., editor. | Barber, Christopher Ernest, editor. | Higgins, Annalise R., editor. Title: War, peace and international order?: The legacies of the Hague conferences of 1899 and 1907/edited by Maartje Abbenhuis, Christopher Ernest Barber and Annalise R. Higgins. Description: Abingdon, Oxon; New York, NY: Routledge, 2017. | Series: Routledge studies in modern history | Includes bibliographical references and index. Identifiers: LCCN 2016043884| ISBN 9781138213678 (hardback: alk. paper) | ISBN 9781315447803 (ebook) Subjects: LCSH: International Peace Conference–Influence. | War (International law)–History–20th century. | Pacific settlement of international disputes–History–20th century. Classification: LCC KZ6013 .W37 2017 | DDC 341.6–dc23 LC record available at https://lccn.loc.gov/2016043884 ISBN: 978-1-138-21367-8 (hbk) ISBN: 978-1-315-44780-3 (ebk) Typeset in Sabon by Deanta Global Publishing Services, Chennai, India Contents List of contributors vii Introduction: unbridled promise? The Hague’s peace conferences and their legacies 1 MAARTJE ABBENHUIS 1 Justifying international action: international law, The Hague and diplomacy before 1914 12 WILLIAM MULLIGAN 2 Peace through law: the Hague Peace Conferences and the rise of the ius contra bellum 31 RANDALL LESAFFER 3 Muddied waters: the influence of the first Hague conference on the evolution of the Geneva Conventions of 1864 and 1906 52 NEVILLE WYLIE 4 Reconsidering disarmament at the Hague Peace Conference of 1899, and after 69 ANDREW WEBSTER 5 More than just a taboo: the legacy of the chemical warfare prohibitions of the 1899 and 1907 Hague Conferences 86 M. GIRARD DORSEY 6 Sub silentio: the sexual assault of women in international law 103 SARAH GENDRON vi Contents 7 The duel of honour and the origins of the rules for arms, warfare and arbitration in the Hague conferences 121 ROBERT A. NYE 8 Writing for peace: reconsidering the British public peace petitioning movement’s historical legacies after 1898 138 ANNALISE R. HIGGINS 9 The Hague as a framework for British and American newspapers’ public presentations of the First World War 155 THOMAS MUNRO 10 Norway’s legalistic approach to peace in the aftermath of the First World War 171 MARTA STACHURSKA-KOUNTA 11 Against the Hague Conventions: promoting new rules for neutrality in the Cold War 189 WOLFGANG MUELLER 12 The neutrals and Spanish neutrality: a legal approach to international peace in constitutional texts 207 YOLANDA GAMARRA Index 225 List of contributors Maartje Abbenhuis is an Associate Professor of Modern European History at the University of Auckland. She works on a variety of subjects relating to war, peace, neutrality and internationalism in the period after 1815. She is the author of two monographs: The Art of Staying Neutral: The Netherlands in the First World War, 1914–1918 (Amsterdam University Press, 2006) and An Age of Neutrals: Great Power Politics 1815–1914 (Cambridge University Press, 2014). At present, she is working on a global history of the Hague Peace Conferences funded by a Royal Society of New Zealand Marsden grant. Christopher Ernest Barber is a doctoral candidate in history at the University of Auckland. His research focuses on international arbitration and adjudication in the period 1794–1914. His thesis is due for completion in May 2017. His previous publications include ‘Nineteenth-Century Statecraft and the Politics of Moderation in the Franco-Prussian War’ in the European Review of History: Revue européenne d’histoire (2014) and ‘The “Revolution” of the Franco-Prussian War: The Aftermath in Western Europe’ in the Australian Journal of Politics and History (2014). M. Girard Dorsey is an Associate Professor of History and a core faculty member in Justice Studies at the University of New Hampshire. She earned a law degree from Harvard and a doctoral degree in History from Yale. Under the name Marion Girard she published A Strange and Formidable Weapon: British Responses to World War I Poison Gas (University of Nebraska Press, 2008) that included analysis of political, diplomatic, military and cultural reactions to the weapon. She is working on a book project regarding American, British and Canadian restraint regarding chemical warfare during the Second World War. Yolanda Gamarra is Professor of Public International Law and International Relations at University of Zaragoza (Spain). She has held the post of Coordinator of the International Forum at the Institution ‘Fernando el Católico’ (Spain). She has been Visiting Fellow at the Lauterpacht Centre for International Law (University of Cambridge), Visiting Researcher (as Fellow viii List of contributors ‘Salvador de Madariaga’ of the Spanish Ministry of Education and the Government of Aragón) at the Institute for Global Law and Policy (Harvard Law School), Fellow at the Royal Complutense College at Harvard and Visiting Fellow at the Max Planck Institute for Comparative Public Law and International Law. Sarah Gendron is an Associate Professor of Francophone and Genocide Studies at Marquette University, in Milwaukee, Wisconsin. Her publi- cations include Repetition, Difference, and Knowledge in the Work of Samuel Beckett, Jacques Derrida and Gilles Deleuze (Peter Lang, 2008), scholarly articles related to genocide in cultural studies and translations of literary works by Simone de Beauvoir and Frédéric Brun. She is cur- rently writing a manuscript on cultural and linguistic propaganda in gen- ocide entitled Mad Men: Public Relations, Mass Media and Genocide Propaganda. Annalise R. Higgins is a doctoral candidate in history at the University of Cambridge. Her research is on environmental diplomatic history. She was awarded a 2016 Gates Scholarship. She earned her MA in history at the University of Auckland with the support of a scholarship from Maartje Abbenhuis’ Marsden Grant project,
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