‘The Parthenon Equilibrium’: The tripartite architectural structure of the International Humanitarian Law

Abstract

A novel architectural theory of International Humanitarian Law (IHL) can be proposed by using the Parthenon, an icon of ancient Greek architectural construction, as a metaphor to explain consistency and balance of the IHL. Accordingly, it can be argued that IHL functions as a tripartite structure grounded in the foundational equilibrium of military necessity and humanity, operationalised through three interdependent supports: (1) limitation of means and methods of warfare, (2) protection of protected persons & properties, and (3) reduction of unnecessary suffering and destruction. Based on this foundation, there are three fundamental load-bearing pillars: (i) Principle of Distinction, (ii) Principle of Proportionality, and (iii) Principle of Precaution, which can be translated into practice. Inter alia, these pillars uphold the roof of humanity, demonstrated in three protective dimensions: (a) protection of civilians, (b) protection of hors de combat, and (c) protection of specific protected persons. By drawing IHL’s normative architecture into the Parthenon’s physical structure, this study seeks to explore how IHL’s stability relies on the balance between its humanitarian considerations and military necessities...