War, States, and International Order: Alberico Gentili and the Foundational Myth of the Laws of War

Sovereign states have the right to wage war under contemporary international humanitarian law, as it is restricted to them. This right is based on the ideas of Alberico Gentili, but Claire Vergerio argues that this story is a myth invented in the late 1800s by international lawyers who reinterpreted Gentili's writings and made the modern sovereign state the sole subject of international law.

Format: Paperback / softback
Length: 318 pages
Publication date: 21 March 2024
Publisher: Cambridge University Press

The right to wage war is a fundamental principle in any international order, and under contemporary international humanitarian law, it is essentially restricted to sovereign states. This right is believed to have its roots in the late-sixteenth century jurist Alberico Gentili's ideas. However, Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and their revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law.

Vergerio's research uncovers the genesis and diffusion of this narrative, challenging the conventional understanding of when and with what consequences war became the exclusive prerogative of sovereign states. She calls for a profound reassessment of this narrative and its implications for international law and society.

In conclusion, the right to wage war is a complex and controversial issue that has been shaped by historical, legal, and political factors. While sovereign states have traditionally been considered the sole possessors of this right, Claire Vergerio's research suggests that this narrative is a myth and that a more nuanced understanding of the origins and consequences of war is necessary.

ISBN-13: 9781009107594