Beyond the 'Sham' Critique and the Narrative of Humanitarianism: A Rejoinder to Jochen von Bernstorff. (21st September 2020)

• Record Type: Journal Article
• Authors: Benvenisti, Eyal; Lustig, Doreen
• Is Part Of: European journal of international law. Volume 31:Number 2(2020)
• Page Start: 721
• Page End: 726
• Publication Date: 2020-09-21
• Subjects: International law -- Periodicals; International law -- European Economic Community countries -- Periodicals; 341.05
• DOI: 10.1093/ejil/chaa062
• Languages: English
• ISSNs: 0938-5428

Abstract

Abstract: We are very grateful to Professor von Bernstorff for taking the trouble to read and comment on our article, 1 which is a segment of a larger research project. His feedback will be invaluable in taking this project successfully to its next stage. While we could not address each and every aspect of his critique, the following response addresses four elements: the assertion that we argued that international humanitarian law (IHL) is merely a sham; his description of our historical approach as focused on the domestic; the ramifications of our historical analysis for future interpretation of IHL; and the challenge of one's Vorverständnis to historical research.