The Rules of Modern Warfare and Ancient Traditions
12/19/24 • 54 min
In this episode, we reflect on how Dharmic traditions, such as Buddhism and Hinduism, engaged with principles of humanity in warfare long before the codification of International Humanitarian Law (IHL) with the Geneva Conventions. Joined by Dr. Robert Heinsch, Dr. Raj Balkaran, and Dr. Christina Kilby, we consider key IHL concepts such as collateral damage and proportionality, while reflecting on what ancient philosophies, theologies and laws can teach us about ethical warfare today. By reflecting on various historical roots and traditions of humanitarian principles, the episode seeks to encourage engagement with the evolution and applications of the laws of armed conflict. What role do the principles of humanity, distinction and proportionality play in the law of armed conflict? How does the element of storytelling in the Sanskrit epics contribute to the dissemination of ethical values? How has religion influenced International Humanitarian Law, specifically the implementation of humanitarian principles?
Guests:
Dr. Robert Heinsch, Associate Professor in International Law at Leiden University
Dr. Raj Balkaran, Scholar of Sanskrit Narrative Literature, Public Intellectual, Online Educator
Dr. Christina Kilby, Associate Professor of Religion at James Madison University
Editors:
Host - Dr Carl Lewis, Researcher in Public International Law, TMC Asser Institute
Co-host - Wamika Sachdev, Intern, Asser Institute
Flora Bensadon, Intern, Asser Institute
In this episode, we reflect on how Dharmic traditions, such as Buddhism and Hinduism, engaged with principles of humanity in warfare long before the codification of International Humanitarian Law (IHL) with the Geneva Conventions. Joined by Dr. Robert Heinsch, Dr. Raj Balkaran, and Dr. Christina Kilby, we consider key IHL concepts such as collateral damage and proportionality, while reflecting on what ancient philosophies, theologies and laws can teach us about ethical warfare today. By reflecting on various historical roots and traditions of humanitarian principles, the episode seeks to encourage engagement with the evolution and applications of the laws of armed conflict. What role do the principles of humanity, distinction and proportionality play in the law of armed conflict? How does the element of storytelling in the Sanskrit epics contribute to the dissemination of ethical values? How has religion influenced International Humanitarian Law, specifically the implementation of humanitarian principles?
Guests:
Dr. Robert Heinsch, Associate Professor in International Law at Leiden University
Dr. Raj Balkaran, Scholar of Sanskrit Narrative Literature, Public Intellectual, Online Educator
Dr. Christina Kilby, Associate Professor of Religion at James Madison University
Editors:
Host - Dr Carl Lewis, Researcher in Public International Law, TMC Asser Institute
Co-host - Wamika Sachdev, Intern, Asser Institute
Flora Bensadon, Intern, Asser Institute
Previous Episode
Gaza and the International Legal Community(?): South Africa v Israel at the ICJ
The International Court of Justice (ICJ) has now provided two orders of provisional measures in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) case, following the further deterioration of the humanitarian situation in Gaza since the 26th of January 2024. But what are provisional measures? What does it mean to invoke a breach of an obligation owed to the ‘international community’? What implications follow from these proceedings beyond the peace palace? And in what sense could it be argued that the ICJ may be denying reality? In this episode, we discuss all of this and more.
Guests:
Dr León Castellanos-Jankiewicz, Senior Researcher in International Law at the TMC Asser Institute
Dr Shahd Hammouri, Lecturer in Law at the University of Kent
Dr Giulia Pinzauti, Assistant Professor in International Law at Leiden University
Dr Sarah Thin, Assistant Professor in International and European Law at Radboud University
Host:
Dr Carl Lewis, Researcher in Public International Law, TMC Asser Institute
Next Episode
Rights, Transfers, and Transnational Law: Exploring Football's Legal and Regulatory Landscape
In this episode, we reflect on international sports law and the governance of football. Joined by Dr. Antoine Duval, we discuss the complexities of the football transfer system, particularly considering historical shifts following two landmark judgements: the Bosman (European Court of Justice, 1995) and the Diarra (Court of Justice of the European Union, 2024) rulings.
How have these landmark rulings offered the possibility for the football transfer system to shift in favour of players? What even is a football transfer? And, more broadly, what legal and ethical issues arise around the ‘world's game' and football mega events like the upcoming 2034 FIFA Men’s World Cup, which will be hosted by Saudi Arabia? In this episode, we discuss all of this and more.
Guest:
Dr Antoine Duval, Senior Researcher in International Law, TMC Asser Institute
Host and Editor:
Flora Bensadon, Research Trainee, TMC Asser Institute
Editor:
Dr Carl Lewis, Researcher in Public International Law, TMC Asser Institute
Further reading:
A Duval, 'Football at a Crossroads' (2024) Verfassungsblog
Bosman ruling (Case C415/93): Union royal belge des sociétés de football association ASBL, Royal club liégeois SA v Jean March Bosman and others and Union des associations européennes de football (UEFA) v Jean-Marc Bosman.
Diarra ruling (Case C-650/22): Fédération internationale de football association (FIFA) v BZ.
For further information, news and readings on questions of transnational sports law please visit the Asser International Sports Law Centre webpage.
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