The Role of Regionalism in the Making and Shaping of the Law of Armed Conflict

The dominant narrative casts the Law of Armed Conflict (LOAC) as a legal regime of super universality and homogeneity. Analysis of the development of LOAC between 1864 and the present reveals that this narrative is a more recent account, purposefully constructed to subvert the apparently undesirable impact of, at the time, recently decolonized states in the making and shaping of LOAC. The success of a large group of states from the developing world in expanding the material scope of international armed conflict (IAC) at the diplomatic conference in Geneva between 1974-77 was the apex of such impact. This affair was perceived as a significant defeat by western European states who traditionally steered the making and shaping of LOAC. The super universality narrative has been successful in insulating LOAC from more radical developments but has done so by sacrificing a measure of legitimacy and at the cost of inhibiting broader buy-in to the regime. The increased accommodation of regional approaches and perspectives in the making and shaping of LOAC is vital. This can only be achieved by facilitating the development of high-level LOAC expertise globally; mainstreaming of LOAC in regions where it is marginalized; ensuring inclusive participation; and being receptive to different approaches and perspectives.