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4 - The Protection of Animals in Wartime

Rationale and Challenges

from Part I - The Need for Protecting Animals in Wartime

Published online by Cambridge University Press:  06 October 2022

Anne Peters
Affiliation:
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Jérôme de Hemptinne
Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
Robert Kolb
Affiliation:
Université de Genève
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Summary

An inquiry into the rationale for the protection of animals in wartime confronts a key challenge: tThe progressive philosophical reflection on the improvement of the position of animals in (human) societies is at odds with the human-centred nature of international humanitarian law. Against this background, the chapter critically engages with possible reasons for animal protection in wartime: anthropocentric approaches, speciesism, anthropomorphism and a rights-based approach. It analyses to what extent these paradigms are reflected both in lex lata and in claims de lege ferenda. The chapter also examines to what extent these approaches can be brought in line with the overall objectives of international humanitarian law and reflects upon the challenges that arise from such an alignment. It favours a straightforward reform approach which aims at a specific convention for the protection of animal rights in wartimes.

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Publisher: Cambridge University Press
Print publication year: 2022

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References

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Cohen, Carl and Regan, Tom (eds.), The Animal Rights Debate (Lanham: Rowman and Littlefield 2001).Google Scholar
Dill, Janina and Shue, Henry, ‘Limiting the Killing in War: Military Necessity and the St. Petersburg Assumption’, Ethics and International Affairs 26 (2012), 311–33.CrossRefGoogle Scholar
Hediger, Ryan (ed.), Animals and War (Leiden: Brill 2013).CrossRefGoogle Scholar
Ladwig, Bernd, Politische Philosophie der Tierrechte (Berlin: Suhrkamp Verlag 2020).Google Scholar
Nussbaum, Martha, Frontiers of Justice: Disability, Nationality, Species Membership (Harvard: Harvard University Press 2006).Google Scholar
Peters, Anne, ‘Animals in International Law’, Collected Courses of The Hague Academy of International Law: Recueil des Cours Vol. 410 (Leiden: Brill 2020).Google Scholar
Rowlands, Mark, Animal Rights: Moral Theory and Practice (2nd ed., New York: Palgrave Macmillan 2009).Google Scholar
Singer, Peter, Animal Liberation (London: Harper Collins Reissue 2009).Google Scholar

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