EJIL: Debates!

• Benvenisti, Eyal 1
• Lustig, Doreen 2

Abstract

We are very grateful to Professor von Bernstorff for taking the trouble to read and comment on our article,1 which is a segment of a larger research project. His feedback will be invaluable in taking this project successfully to its next stage. While we could not address each and every aspect of his critique, the following response addresses four elements: the assertion that we argued that international humanitarian law (IHL) is merely a sham; his description of our historical approach as focused on the domestic; the ramifications of our historical analysis for future interpretation of IHL; and the challenge of one’s Vorverständnis to historical research.

• 1Whewell Professor of International Law and Director of the Lauterpacht Centre for International Law, University of Cambridge; C.C. Ng Fellow of Jesus College, Cambridge, United Kingdom; Visiting Professor, Hebrew University of Jerusalem, Israel
• 2Senior Lecturer, Tel Aviv University, Israel