Das humanitäre Völkerrecht zwischen Erwartungsbildung und Widerspruch: Die Institutionalisierung der Prinzipien militärischer Notwendigkeit und Humanität

What role do the limits of international humanitarian law still play for military force? The wars in Ukraine and in Gaza have recently raised doubts as to whether international law is still relevant for international politics. This article shows that this is the case. To this end, it traces the institutionalization of international humanitarian law from the 19th century onwards and highlights its limits with regard to today's conflicts. With the debate in the 19th century about the use of military force, new limits were imposed on international politics. The contradictory positions of these debates were inscribed in international humanitarian law and continue to have an impact today. This disposition leads to the impression of a weak international law in the face of the power of states. The article turns against this seemingly tempting realistic interpretation of international relations and shows how the communication processes indicated make the binding nature of international law a prerequisite for contradiction.