Clarifying the acquis humanitaire: A transnational legal perspective on the internalization of humanitarian norms

Although the international obligations and institutional frameworks for disaster response are not yet settled, the diverse source and nature of drafting initiatives suggests that the international community is engaged in a process of norm creation, elaboration, and interpretation, reflecting a desire for legal clarity in humanitarian operations. Situated within the framework of transnational law, this chapter argues that an acquis humanitaire, based on the principle of humanity, encapsulates the evolving body of law and practice specifically relating to the protection of persons in times of humanitarian crisis in both armed conflicts and natural or human-made disasters. Reflecting the nontraditional, non-statist, dynamic, and normative basis of transnational legal process, as elaborated by Harold Koh, the constant flow of ideas and principles between the national, regional, and international spheres provides an analytical framework for the ongoing transnational dialogues on the social, political, and legal internalization of humanitarian norms. Drawing on the intern- alization of humanitarian norms within the United Kingdom, this chapter con- cludes that as the international community examines the codification of a universal legal framework for the protection of persons in the event of disasters it is necessary to understand the transnational process of interpretation and internalization of humanitarian norms, and how this may vary across different regions and countries.