Under (Social) Pressure: The Historical Regulation of Internal Armed Conflicts through International Law A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA BY Giovanni Fabrizio Mantilla Casas IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Kathryn A. Sikkink, Advisor August 2013 © Giovanni Fabrizio Mantilla Casas 2013 ALL RIGHTS RESERVED Acknowledgements Most people writing acknowledgements in books and dissertations speak of the many “debts” they have incurred in the process of completing them. Although this certainly resonates with me, here I want to resist using economistic metaphors to refer to the sincere gratitude I feel for the self-less care and attention that so many different individuals and institutions showed with regard to me and my work over the past six years. Thanks must first go to my fantastic advisor, Kathryn Sikkink. In casual conversation with fellow students and others who have worked with her we always seemed to come to the same conclusion: we don’t know how she does all she does. She’s a real academic dynamo, who despite myriad commitments never once told me she could not meet to discuss my concerns or my project, and who always went out of her way to help me with whatever I needed. Best of all, she always did it gladly, with a big smile on her face. Six years after beginning this academic adventure, I am convinced I could not have had a better, more humane advisor and role-model (and wonder whether I ever will, moving forward!) Mil y mil gracias, querida Kathryn. My other dissertation committee members were similarly available, thoughtful and kind. In particular, I wish to thank Fionnuala Ní Aoláin for believing so much in this project and for providing with extremely generous feedback and encouragement from beginning to end. She seems convinced that what I have written here has the potential to change the perception of some fairly important audiences about international law generally and the law of armed conflict in particular. I deeply appreciate such an astounding assessment, and truly hope that whatever becomes of this project in the future scratches the surface of “relevance.” Thanks, Finn. Ron Krebs read various (long!) draft chapters with impressive swiftness and always showed a kind disposition to discuss them in person. His careful eye and challenging comments were tremendously useful for clarifying my own thoughts. David Samuels has endured my musings about human rights and non-state actors for a few years now, and stayed happily on board even when the dissertation mutated from a Comparative Politics- tinged project to one that speaks mostly to International Relations/Law (IR/IL) folks. Thank you both, Ron and David. My friends and family were essential in helping me get this far. Their emotional and personal support kept me afloat during the brighter and darker episodes of Ph.D. and dissertation life. Without Gabriela Sáenz, Dora Marujo-Dias and Esen Kirdis this journey would probably not have ended and certainly would not have been as enjoyable. I cannot express my gratitude in words to them—their company meant the world to me. Likewise, my mother Fabiola and my father Mario were consistently supportive from the distance, even if I never succeeded fully in explaining to them what I was studying. I promise to do better in the future. My siblings Mario Alberto and Maria Angélica also deserve a warm i mention. I hope the end product is interesting and understandable to them as well as to others uninitiated in IR/IL. Beyond these specific individuals, my network of support, love and friendship extends widely. In Minnesota I was lucky to meet dozens of fabulous people who made my life at once fuller and lighter. They include, in no particular order: Elliot James, TJ Malaskee, Carlos Echeverría, Carlos Andrés Díaz, Ana Cuesta, Libby Sharrow, Bret Ryan, Dan Burke, Geoff Dancy, Bai Linh Hoang, Laura Thaut, EG Nelson, Jonas Bunte, Marcela Villarrazo, Verónica Michel, Menaka Phillips, Paul Snell, Robert Smith III, Azer Binnet, Chris Stone, Paul Scarth, Alex de Carvalho, Michelle Toppino, Michael Davidovich, Silvia Otero, Geoff Sheagley, John Briel, Angela Kaufmann, George Chew, Daniel Abate, Moira Lynch, Jesús Estrada-Pérez, Daniel Rosas, Adam Mielke, Juana Berrío, Tomás and Adriana Gutiérrez Meoz, Cally Ingebritson, Verónica Menaldi and Qais Munhazim. The participants of Kathryn’s dissertation group, Darrah McCracken, Brooke Coe, Denis Kennedy, Ralitsa Donkova and Zhenqing “Rock” Zhang, as well as my friends Katharina Neureiter and Michelle Jurkovich, all read and provided helpful comments. Countless other friends and acquaintances that I cannot mention here, within and outside the University of Minnesota, also contributed to my sanity with their energy, good beer and yummy appetizers. They know who they are. My friends and family in Colombia welcomed me every time I visited home with unique warmth. Their love helped me “recharge” at critical and difficult points of this process. I am especially grateful to Juan Guerra, Sergio Ruiz, Natalia Santiesteban, Maria Paula Godoy Casasbuenas, Cesar Rueda, Tatiana Acevedo, Karin Mantilla Osorio, Angel Camilo Peñaranda, Felipe Muñoz, Janice Gallagher, Angela María Restrepo, Diego Cantor, Pedro Felipe Hinestrosa Díaz del Castillo, Halim Badawi, Oscar Ortiz, Catalina Arreaza, Ángela Puentes, Jaime Landinez, Josué Rafael and Juan Diego Palacios Casas, Jorge Guillermo García, Lina Céspedez-Báez, Maria Paula Rueda and Juliana Cano Nieto, among many, many others. Several institutions and individuals made my doctoral studies and/or this dissertation possible. The Department of Political Science at the University of Minnesota was extremely supportive and nurturing. Bud Duvall, Dara Strolovitch and Joan Tronto contributed directly or indirectly to my “success” through the years. The N. Marbury Efimenco Fellowship funded part of my coursework period, while my fieldwork and writing stages were respectively funded through a Compton International Fellowship granted by Minnesota’s Interdisciplinary Center for the Study of Global Change (ICGC,) and the Robert T. Holt Distinguished Doctoral Dissertation Fellowship (DDF) in Political Science administered by the University of Minnesota Graduate School. Smaller grants such as the Andrew Dickinson and Hella Mears fellowships enabled me to make shorter but crucial trips, and an Upper Midwest Human Rights Fellowship granted through the University’s Human Rights Center allowed me to spend a summer in New York City interning for Human Rights Watch in 2008. These were all indelible experiences. My thanks go to Karen Brown, Sara Braun, Catherine Guisan, Hella Mears, Sabine Engel, ii David Weissbrodt and the members of various selection committees for supporting me, trusting my abilities, and for taking an interest in my research. Beyond concrete funding sources, the hospitality of several people in Europe, the US and beyond was critical for executing this project. In particular, I have my brother Mario Alberto, my cousins Karin and Carlos Eduardo, and my friends Roberto Sierra, Julian Sánchez Berbesi, Kerstin Feurstein and Aaron Welo to thank. Paola Castaño hosted me several times in Chicago, sharing her space, her colors and her infectious joy with me every single time. Tatiana Acevedo, Nicolás Rodríguez Idarraga, Ingrid Bolivar and Tatiana Alfonso made a brief stay in Madison, Wisconsin unforgettable. The staff of various institutions where I conducted archival and library research was also instrumental in helping me gather materials to write this work, especially the International Committee of the Red Cross (ICRC) and the International Commission of Jurists (ICJ) in Geneva, the Diplomatic Archives of France in Paris and Nantes, and the National Archives of the UK in London and of the US in College Park, MD. The ICRC also granted me permission to consult certain portions of their restricted archives. Dr. Jacques Moreillon, honorary member of the ICRC and former Director of Principles and Law at the same organization, read many chapters generously and critically, and connected me with many other important knowledgeable persons in or around Geneva. In practice he became an essential informal adviser, and for that my deep gratitude goes out to him. Drs. Yves Sandoz and François Bugnion, both members of the ICRC, likewise showed willingness to speak with me at length on the issues dealt with here. Dara Kay Cohen and Martha Finnemore kindly read my draft prospectus and provided useful advice. Frits Kalshoven, David Forsythe, Sylvie Junod, Michel Veuthey, Ben Ansell and Helen Kinsella all commented on one or a few draft chapters, helping me sharpen my approach and reconsider some views. The Political Science Department at the Universidad de los Andes in Bogotá, Colombia must be thanked for hosting a brief stint as a visiting scholar in January-February 2012. Finally, several individuals in Geneva, Colombia and elsewhere generously conceded interviews for a chapter that never made it onto the final version for reasons of focus, time and length. I thank them for their attention and in the future I promise to put their valuable insight to good use. Other individuals who have made a profound impression in my career cannot go unnamed here. Notable amongst them is Alexandra Guáqueta, one of my brilliant early mentors. John Ruggie and Michael Barnett both also contributed in meaningful ways to my graduate development. I admire them all terribly and hope to follow