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inescapable, as enshrined, for example, in international humanitarian law (IHL), including the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005; the Rome Statute of the International Criminal Court (ICC); and customary international law ( Brooks, 2015 ). On the other hand, the interview findings of this study reveal a widespread sense of frustration among aid workers over the perceived inefficacy of the law in practice for the protection of humanitarian action. Even in light of the existence of not only international courts and tribunals but
value in international relations, which for him is order, can only be guaranteed by states. The rights of both peoples and individuals have to lie in the communitarian system of a world of nation states signing treaties that are binding (Pacta sunt servanda), not in the ‘woolly’ recognition of non-binding norms, or so-called ‘customary’ international law. Against this classical ‘legalist’ view we have seen many examples of the feeling that the nation state is in many ways an obsolete concept and that other forms of organisation have to be attempted. The ideal of