Normative architecture and applied international humanitarian law

Schmitt, M. N. ORCID: https://orcid.org/0000-0002-7373-9557 (2022) Normative architecture and applied international humanitarian law. International Review of the Red Cross, 104 (920-921). pp. 2097-2110. ISSN 1816-3831 doi: 10.1017/S1816383122000662

Abstract/Summary

Military strategists have begun pivoting from a focus on counterterrorism, counter-insurgency and stability operations to potential peer and near-peer conflict. This shift has profound operational and tactical implications for how future wars will be fought, but equally, it will have a significant impact on how international humanitarian law (IHL) is understood and applied. This article considers the process by which the normative evolution of IHL will occur in response to a battlespace that looks different than it has for decades. To do so, the article introduces two concepts: “normative architecture” and “applied IHL”. It argues that only by understanding the difference between these two concepts, and their relationship to each other, can States and others concerned with how IHL is developing in the face of future conflict positively affect that process.