Rules and Standards in the Application of International Humanitarian Law
Many scholars have written about the changes in international law in recent years. Many have seen this change in the environment of international humanitarian law as a result of greater application of human rights in this area of law (IHL). This Article approaches the changes in international humanitarian law from a different perspective, that of law and economics.The main claim in this Article is that recent changes in international humanitarian law can be seen as a change from a rule based normative system, to a standard based one. The difference between a rule system and a standard system rests not in the complexity of the norms, but by whom and when changes are made. In a rule—decisions are made before the fact, and in a standard—decisions are made after the fact. This Article then evaluates the advantages and disadvantages of this move from rules to standards, and offers observations and future avenues of research.