Juristische Fakultät

Next Lecture: 28 November 2024 (6–7 PM)

Claire Vergerio 

War, States and International Order: 

Alberico Gentili and the Foundational Myth of the Law of Wars  

Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.

Claire Vergerio is an independent scholar of international relations, working at the intersection of political thought, history, and international law. Her first book “War, States, and International Order: Alberico Gentili and the Foundational Myth of the Laws of War” received the International Studies Association’s 2023 Francesco Guicciardini Prize, awarded annually to the best book in Historical International Relations.

 

Date: 28 November 2024
Time: 6.00-7.00 pm CET
The presentation will take place online via Zoom. Please register below. The Zoom link and login data will be sent to those registered ahead of the event.

Registration:
Please mail jessica.oheim@student.uni-tuebingen.de to register or if you have any questions.

TuLaw – Tübingen Series on the Laws of War

– organized by Jochen von Bernstorff and Andreas Kulick

TuLaW is an online lecture series on the theory, history, policy and practice of the laws of war. From Russia’s invasion of Ukraine to the Hamas’ attack on Israel and the ensuing conflict in the Middle East, rarely in recent memory have both the ius contra bellum and the ius in bello faced so many daunting challenges: use of force by and self-defence against non-state actors; the participation of private military companies in hostilities; the digitization of warfare; the protection of civilians and the environment in international, non-international and hybrid armed conflicts; peace agreements and post-conflict claims; international criminal responsibility before and beyond the ICC – to name but a few of them. TuLaW invites engaging discussions on these matters, seeking to bring into dialogue the law on the prohibition of the of force and international humanitarian law despite their necessary doctrinal separation.

TuLaW provides a critical perspective on pertinent challenges of the laws of war, broadly understood, in light of their theoretical, doctrinal, historical and political implications. Each one-hour event features a thought-provoking presentation by a leading scholar in the first half hour followed by a discussion in the second half hour. All events are held exclusively online from 6–7 pm CET.


Previous Lectures

Sarah Nouwen (13 March 2024)

Intra-State Peace Agreements – Prose, Poetry, Legal Instrument?

Gleider Hernández (11 April 2024)

Adjudicating War? A new front at the ICJ

Adjudicating War? A new front at the ICJ

Janina Dill (22 October 2024)

International Law in Gaza: Belligerent Intent & Provisional Measures 

Current Research

Jochen von Bernstorff

Recent monograph on the history of International Humanitarian Law (French)

L'essor et la chute du droit international humanitaire: Une brève histoire de la codification de la protection des civils en temps de guerre (1899–1977)

Editions Pedone 2024, 120 p.

For an English translation, see https://independent.academia.edu/JochenvonBernstorff.