The Concept of ‘Humanity’ Through the Principle of Humanity in International Humanitarian Law and its Influence in the Regulation of Violence in Armed Conflict

The International Law Reading Group (ILRG) is happy to announce an event hosting Andrea Farrés Jiménez, who is a PhD candidate at the University of Barcelona. Andrea will be exploring the notion of 'humanity' in the context of international humanitarian law, using decolonial methodology. The ILRG is looking forward to discussing and exchanging ideas on this exciting topic.

The full abstract of Andrea's research could be found below:

Invocations and references to ‘humanity’ in times of armed conflict are recurrent. However, ‘humanity’ is a concept which has no internationally agreed definition, and, therefore, serves as a powerful notion capable of promoting restraint while, simultaneously and in a stark contrast, advancing exclusionary narratives. How is it possible that this concept, of apparent universal application yet simultaneously seemingly exclusive, can be used to accommodate these two very different purposes in the context of armed conflict? What is international humanitarian law (IHL)’s standing in this regard?

This presentation, which relates to my PhD research project, enquires, using a decolonial methodology, how the narratives around the idea of humanity in the context of the ‘principle of humanity’ have been mobilized by political actors through history in the context of armed conflict to perform certain functions, and/or advance certain ideas.

The first part of the presentation is going to reflect on the exclusionary origins of this concept in modern IHL, critically engaging with the formulation, scope and role of the principle of humanity, analysing the legal narratives that surrounded it. Then, it is going to proceed to interrogate how law’s binaries, otherings and exclusionary tendencies continued playing a role in the contemporary laws of armed conflict. Having set out the general framework relating to the principle of humanity and its role in ordering violence in IHL, the last part of the presentation is going to interrogate its findings against two case studies. The first deals with the use of so-called ‘precision’ technologies, and especially of artificial intelligence, in the context of the current assault in Gaza, and the second relates to the United States armed conflict in Afghanistan, focusing on how the alleged humanitarian intentions underpinning the start of the conflict seem contradict the apparent disregard of Afghan civilian lives.