International Humanitarian Law and Emotional Normativity: Evaluating the Limits of Legal Rationalism

BUIS, EMILIANO JERÓNIMO

Jerusalén

Congreso; 16th Annual Minerva Conference on International Humanitarian Law *Looking from the Outside In: Evaluating IHL from Other Normative Perspectives*; 2021

Minerva Center for Human Rights of the Hebrew University of Jerusalem

After a general introduction to emotional normativity in section 1, my paper will then discuss the theoretical exploration of the underestimated sentimental dimension of wartime normativity (section 2). In particular, I will focus on some examples in which a reference to emotional norms can play in improving the legitimacy and efficiency of legal provisions, and will show to what extent looking at IHL from the external regulatory framework of emotional norms can pave the way for new assessments of its function and applicability. As a specific line of argument, my presentation will deal in Section 3 with a specific case-study, with the purpose of highlighting the neglected importance of managing affective metaphors and sentimental language. In this field, I will argue that the traditional military security-centered perspective was replaced through an efficient manipulation of the extra-legal normativity of emotions.