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Humanitarianism and affect-based education: Emotional experiences at the Jean-Pictet Competition

Published online by Cambridge University Press:  16 January 2023

Abstract

For international lawyers seeking to promote compliance with international humanitarian law (IHL), some level of affective awareness is essential – but just where one might cultivate an understanding of emotions, and at which juncture of one's career, remains a mystery. This article proposes that what the IHL lawyers and advocates of the future need is an affect-based education. More than a simple mastery of a technical set of emotional intelligence skills, what we are interested in here is the refinement of a disposition or sensibility – a way of engaging with the world, with IHL, and with humanitarianism. In this article, we consider the potential for the Jean-Pictet Competition to provide this education. Drawing on our observations of the competition and a survey with 231 former participants, the discussion examines the legal and affective dimensions of the competition, identifies the precise moments of the competition in which emotional processes take place, and probes the role of emotions in role-plays and simulations. Presenting the Jean-Pictet Competition as a form of interaction ritual, we propose that high “emotional energy” promotes a humanitarian sensibility; indeed, participant interactions have the potential to re-constitute the very concept of humanitarianism. We ultimately argue that a more conscious engagement with emotions at competitions like Pictet has the potential to strengthen IHL training, to further IHL compliance and the development of IHL rules, and to enhance legal education more generally.

Type
Selected Articles
Copyright
Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of the ICRC

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Footnotes

*

The authors would like to thank Chris Kreutzner and Efrén Ismael Sifontes Torres for their excellent research assistance and Christophe Lanord for his helpful comments on a previous draft version of this paper. We are also grateful to the anonymous reviewers for their insightful reflections on our arguments.

The advice, opinions and statements contained in this article are those of the author/s and do not necessarily reflect the views of the ICRC. The ICRC does not necessarily represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided in this article.

References

1 Gerry Simpson, The Sentimental Life of International Law, Oxford University Press, Oxford, 2021, p. 4.

2 The US legal education movement for contemplative lawyering offers great potential here: see Riskin, Leonard L., “The Contemplative Lawyer: On the Potential Contributions of Mindfulness Meditation to Law Students, Lawyers and Their Clients”, Harvard Negotiation Law Review, Vol. 7, No. 1, 2002Google Scholar. See also Gillian Calder, “Whose Body Is This? On the Role of Emotion in Teaching and Learning Law”, in Susan Bandes et al. (eds), Research Handbook on Law and Emotion, Edward Elgar, Cheltenham, 2021; Raj, Senthorun, “Teaching Feeling: Bringing Emotion into the Law School”, The Law Teacher, Vol. 55, No. 2, 2020Google Scholar. On the importance of emotions in legal education, see also Paul Maharg and Caroline Maughan (eds), Affect and Legal Education: Emotion in Learning and Teaching the Law, Ashgate, Farnham, 2011; Lesley Townsley, “Thinking and Feeling Like a Lawyer: Introducing Knowledge about Emotion into Legal Ethics Education”, LLM thesis, University of Sydney, 2014.

3 See description of the “pedagogical realm” in Rebecca Sutton, The Humanitarian Civilian: How the Idea of Distinction Circulates Within and Beyond International Humanitarian Law, Oxford University Press, Oxford, 2021, Chap. 1.

4 For a critical perspective on mooting, see Christine Schwobel-Patel, “Mooting: Advocacy, Litigation, Strategy”, in Illan R. Wall et al. (eds), Critical Legal Pocketbook, Counterpress, Oxford, 2021.

5 See Etienne Kuster, “Promoting the Teaching of IHL in Universities”, in Drazan Djukić and Niccolo Pons (eds), The Companion to International Humanitarian Law, Brill, Leiden, 2018, p. 25; Andreas R. Ziegler and Stefan Wehrenberg, “Domestic Implementation”, in Andrew Clapham, Paola Gaeta and Marco Sassòli (eds), The 1949 Geneva Conventions: A Commentary, Oxford University Press, Oxford, 2015, p. 654, para. 22; Elzbieta Mikos-Skuza, “Dissemination of the Conventions, Including in Time of Armed Conflict”, in A. Clapham, P. Gaeta and M. Sassòli (eds), above; David Turns, “Implementation of IHL”, in Ben Saul and Dapo Akande (eds), The Oxford Guide to International Humanitarian Law, Oxford University Press, Oxford, 2020, p. 371.

6 In theory, the competition regulations allow teams of students coming from a variety of different fields (such as law, political sciences and the military) to participate, though in reality an overwhelming majority pursue legal studies at an undergraduate or graduate level. This paper will focus on the importance of the “Pictet experience” as a way of complementing and enriching the traditional teaching of IHL to law students.

7 See the Jean-Pictet Competition website, available at: www.concourspictet.org (all internet references were accessed in December 2022). Originally organized in French, the competition now includes both English- and French-speaking editions every year. Between 2008 and 2010 it also included a Spanish-speaking edition, which allowed several teams from Latin America and Spain to participate.

8 See Lanord, Christophe and Deyra, Michel, “Dissemination in Academic Circles: The Jean Pictet Competition”, International Review of the Red Cross, Vol. 35, No. 306, 1995CrossRefGoogle Scholar; Krafft, Mathias-Charles, “Le Concours Jean-Pictet 1999 – ou les pièges d'une ‘Conference internationale pour la protection des victimes des conflits armes’”, International Review of the Red Cross, Vol. 82, No. 838, 2000Google Scholar. Michel Deyra and Christophe Lanord are the co-founders of the competition, and they designed its special format back in 1989. As an acknowledgment for this achievement they were awarded the 2021 Henry Dunant Field Prize by the Fondation Prix Henry Dunant (see: https://prix-henry-dunant.org/en/recipients-field/2021-michel-deyra/).

9 An interesting aspect of these encounters is the more casual and “backstage” aspect, where IHL aspirants see not only the “IHL expert” but also the off-duty human behind that professional identity – for example, by the pool after the day's events have ended. On backstage practices and mooting, see Wouter Werner, “Moot Courts, Theatre and Rehearsal Practices”, in Lianne Boer and Sofia Stolk (eds), Backstage Practices of Transnational Law, Routledge, Abingdon, 2021.

10 The only written activity which is required by teams takes place during the selection process: teams must submit an application comprising a cover letter and answer three questions, two of which deal with substantial aspects related to contemporary challenges in IHL.

11 Hampson, Françoise, “Teaching the Law of Armed Conflict”, Essex Human Rights Review, Vol. 5, No. 1, 2008, p. 7Google Scholar. The time-sensitive nature of the assignment (where participants might roughly have between 10–15 minutes and two hours of preparation time, depending on the test) reflects the reality of field-driven IHL practice.

12 These criteria are mentioned in Article 12 of the regulations of the competition. The 2021 version of the regulations is available at: www.concourspictet.org/files/reg2021EN.pdf.

13 Qualtrics is a web-based software package that allows users to generate surveys and reports in multiple languages.

14 As Rossner notes, “a decay in delicate feelings and memories” may have set in once time has passed. Meredith Rossner, Just Emotions: Rituals of Restorative Justice, Oxford University Press, Oxford, 2013, p. 107.

15 On the affect-based nature of such a community, see Emma Hutchison, Affective Communities in World Politics: Collective Emotions after Trauma, Cambridge University Press, Cambridge, 2016. Through a more historical use of the same concept and in spite of some differences in scope, Rosenwein claims that an “affective community” has its own particular norms of emotional valuation and expression: see Barbara H. Rosenwein, Emotional Communities in the Early Middle Ages, Cornell University Press, Ithaca, NY, 2006, p. 23.

16 In general, our impression of the competition indicates that participants who are well- or over-prepared seem to feel more pressure, anxiety and stress, whereas those who are under-prepared or are not looking for achievement feel much less stress. This has to do with emotions related to (perceptions of) external pressure.

17 In recent editions, additional mechanisms were put in place in order to help participants cope with external pressures and with mental health issues that arise throughout the competition. This included the appointment of focal points and the presence of professional officers with expertise in mental health.

18 The only individual award of the competition (the Gilbert-Apolis Award) is granted to the “best orator” of the competition. It is intended to acknowledge the student who best “embodies the IHL spirit”. Winning it has emotional repercussions, generating feelings of self-pride and personal development.

19 Smith, Elizabeth T. and Boyer, Mark A., “Designing In-Class Simulations”, PS: Political Science and Politics, Vol. 29, No. 4, 1996, p. 690Google Scholar.

20 This kind of activity raises important questions about trauma-sensitive approaches and the avoidance of secondary trauma. On trauma and its emotional impact, see note 21 below.

21 A few role-playing activities in the past included role-playing by jury members suggesting the horrors of kidnapping or other threats. These specific experiences are remembered by participants as moments in which they were exposed to the effects of wartime suffering, something that would foster the development of trauma sensibility. It should be noted that, since perceptions of what is appropriate in a training session are evolving globally, the CCJP in general, and the “kitchen” of each edition in particular, discuss the appropriateness of including such tests. In other cases, in “field tests”, participants playing the role of humanitarian actors would be confronted with stories about (sexual) violence, harassment or massacres told by jury members performing the role of victims. This is intended to generate an emotional awareness about the need to behave humanely when speaking to those who have lived through traumatic experiences. We anticipate that these aspects of the competition will continue to change and evolve as best practices on trauma sensitivity are developed globally.

22 James Cockayne, “Humanizing Lawyers: The Legal Pedagogy of the Concours Pictet”, in Julia Grignon (dir.) and Jérôme Massé (coord.), Hommage to/Tribute to/Homenaje a Jean Pictet par le Concours de Droit International Humanitaire, Schulthess/Éditions Yvon Blais, Cowansville/Montreal, 2016, p. 20.

23 These numbers can be confirmed through an unpublished 2015 ICRC study on the Jean-Pictet Competition, which examines the profile of participants.

24 Some of these positions might be identified more broadly as public interest, rather than IHL- or humanitarian-specific.

25 An interesting further question to ask, which the survey did not probe, is whether a deliberate decision was made not to work in the field due to negative emotions experienced at the Jean-Pictet Competition.

26 Rebecca Sutton, “Reflections on Teaching ‘Emotion Bites’ in an LLM Course on Human Rights and Conflict Resolution”, in Barrie Sander and Jean-Pierre Gauci (eds), Teaching International Law, British Institute for International and Comparative Law, 2023 (forthcoming).

27 See, recently, Ezequiel Heffes, “Let's Talk about Compliance with International Humanitarian Law”, Just Security, 24 August 2022, available at: www.justsecurity.org/82750/lets-talk-about-compliance-with-international-human-law/.

28 “Teleological” here encompasses interpreting/applying IHL treaties according to their humanitarian/protective aims, which are to protect persons not or no longer participating in hostilities and limiting means and methods of warfare accordingly (see e.g. various preambles). For further insights, see Anne Quintin, “Permissions, Prohibitions and Prescriptions: The Nature of International Humanitarian Law”, PhD thesis, D. 970-2019/05/03, University of Geneva, 2019, available at: https://archive-ouverte.unige.ch/unige:123851.

29 G. Simpson, above note 1, pp. 195–196.

30 See Sara Ahmed, What's the Use? On the Uses of Use, Duke University Press, Durham, NC, 2019.

31 See G. Simpson, above note 1, pp. 195–196.

32 See Martha Nussbaum, Poetic Justice: The Literary Imagination and Public Life, Beacon Press, Boston, MA, 1995.

33 Andrew A. G. Ross, Mixed Emotions: Beyond Fear and Hatred in International Conflict, University of Chicago Press, Chicago, IL, 2014, p. 1.

34 See Emiliano J. Buis, “Beyond Law, Beyond Reason: The Role of Emotions in Generating Compliance with International Humanitarian Law”, Armed Groups and International Law, October 2020, available at: www.armedgroups-internationallaw.org/2020/10/19/beyond-law-beyond-reason-the-role-of-emotions-in-generating-compliance-with-international-humanitarian-law/.

35 This proposal is inspired by Rossner's articulation of interaction ritual in the criminology context, for which she considers a different sort of highly emotive encounter: restorative justice conferences that bring together victims and perpetrators of crime. M. Rossner, above note 14.

36 Emile Durkheim, The Elementary Forms of the Religious Life, Oxford University Press, Oxford, 1912; Randall Collins, Interaction Ritual Chains, Princeton University Press, Princeton, NJ, 2004; Erving Goffman, Interaction Ritual: Essays on Face-to-Face Behavior, Pantheon, New York, 1982.

37 Wellman, James K. Jr. et al., “‘God Is Like a Drug…’: Explaining Interaction Ritual Chains in American Megachurches, Sociological Forum, Vol. 29, No. 3, 2014CrossRefGoogle Scholar.

38 R. Collins, above note 36, p. 48.

39 As discussed in M. Rossner, above note 14, p. 30.

40 Ibid., p. 71.

41 E. Durkheim, above note 36, pp. 217–218, quoted in Christian von Scheve and Mikko Salmela, “Introduction”, in C. von Scheve and M. Salmela (eds), Collective Emotions: An Introduction, Oxford University Press, Oxford, 2014 (note that the brackets are from von Scheve and Salmela's original quote).

42 Discussed in C. von Scheve and M. Salmela (eds), above note 41, p. xiv.

43 Ibid.

44 R. Collins, above note 36.

45 M. Rossner, above note 14, p. 29.

46 Several monographs have dealt with the importance of collective emotions in the broader field of peace and conflict and reconciliation: see C. von Scheve and M. Salmela (eds), above note 41, p. xv. On hatred and resentment in particular, see Thomas J. Scheff and Suzanne Retzinger, Emotions and Violence: Shame and Rage in Destructive Conflicts, Lexington Books, Lanham, MD, 1991; Roger D. Petersen, Understanding Ethnic Violence, Cambridge University Press, Cambridge, 2002; Max Scheler, Das Ressentiment im Aufbau der Moralen, Klostermann, Frankfurt am Main, 2004. Concerning shame and guilt in those contexts, see Gilbert, Margaret, “Collective Guilt and Collective Guilt Feelings”, Journal of Ethics, Vol. 6, No. 2, 2002Google Scholar; Nyla R. Branscombe and Bertjan Doosje (eds), Collective Guilt: International Perspectives, Cambridge University Press, Cambridge, 2004.

47 On the importance of identifying organizational motives and values, see Centre of Competence on Humanitarian Negotiation, CCHN Field Manual on Frontline Humanitarian Negotiation, Geneva, 2019, p. 223. According to the Manual, trust-building takes place at both the individual and the organizational levels (p. 194).

48 The importance of the manipulation of this affective interaction has been studied in diplomatic negotiations: see Todd H. Hall, Emotional Diplomacy: Official Emotion on the International Stage, Cornell University Press, Ithaca, NY, 2015.

49 See E. Hutchison, above note 15, p. xi, focusing on communities recovering from shared trauma after conflict. On emotional communities, see also the chapter by Helm in C. von Scheve and M. Salmela (eds), above note 41.

50 E. Hutchison, above note 15, p. xii.

51 See above note 15. The political importance of emotions cannot be underestimated. As expressed by Mihai, “engaging emotions constructively is an important normative and prudential concern for all democratic communities, at all times, and across persons”: see Mihaela Mihai, Negative Emotions and Transitional Justice, Columbia University Press, New York, 2016, p. 169. For a wider approach, see George E. Marcus, The Sentimental Citizen: Emotion in Democratic Politics, Penn State University Press, University Park, PA, 2002; Manuel Arias Maldonado, La democracia sentimental: Política y emociones en el siglo XXI, Página Indómita, Barcelona, 2016.

52 C. von Scheve and M. Salmela (eds), above note 41, p. xv.

53 A. A. G. Ross, above note 33, pp. 21–23.

54 This is what is called “emotional contagion”: see Elaine Hatfield, John T. Cacioppo and Richard L. Rapson, Emotional Contagion, Cambridge University Press, Cambridge, 1994; Neumann, Roland and Strack, Fritz, “‘Mood Contagion’: The Automatic Transfer of Mood between Persons”, Journal of Personality and Social Psychology, Vol. 79, No. 2, 2000CrossRefGoogle ScholarPubMed.

55 Christophe Lanord and Michel Deyra, “Quelques aspects de l'impact du concours Jean Pictet”, in J. Grignon (dir.) and J. Massé (coord.), above note 22, pp. 3–15.

56 On the importance of developing well-thought-out strategies for experimenting with emotions related to war, see Rose McDermott, “Experimenting with Emotions”, in Linda Åhäll and Thomas Gregory (eds), Emotions, Politics and War, Routledge, Abingdon, 2015, pp. 100–111.

57 See M. Nussbaum, above note 32. As far as armed conflicts are concerned, emotions are not only relevant for humanitarian work. Scholarship in the field could also learn a lot from a more passionate engagement, as suggested in Modirzadeh, Naz K., “Cut These Words: Passion and International Law of War Scholarship”, Harvard International Law Journal, Vol. 61, No. 1, 2020Google Scholar.

58 For an example of an initiative that links reading fiction to humanitarian action, see the Read for Action website, available at: www.readforaction.org.

59 In addition to this, there are the “mentors” and the members of the “kitchen” who design the scenarios.

60 We support here the conclusion of the 2018 ICRC study on The Roots of Restraint in War, wherein the limits of a “legalistic” approach when dealing with IHL are revealed. Overruling the conclusions of the previous work on the matter (ICRC, The Roots of Behaviour in War, 2004), the study promotes the need for interdisciplinary tools and strategies (including emotional considerations) to understand the reasons behind respect for the rules regulating armed conflicts. As shown by Stephens, the role of identity, emotions and collective values in IHL can no longer be ignored: see Stephens, Dale, “Behaviour in War: The Place of Law, Moral Inquiry and Self- Identity”, International Review of the Red Cross, Vol. 96, No. 895–896, 2014CrossRefGoogle Scholar.