So this week was about Geneva Regime and the concept of “norm.” In order to make sure I really understand the idea of regulative and constitutive norm effects, I googled and happened to find an article at The Duck of Minerva, Norm’s my uncle by Dr. Daniel Nexon. It was quite helpful. Here I will elaborate my thoughts on norms, behavior and interests with two examples: yielding seats to seniors and disabled people and the US-led NATO bombing of Chinese embassy.
When taking a bus or a metro, one should yield the seats to those in need: the elderly, the disabled and expectant mothers, etc. In order to explain the constitutive and regulative effect of this norm, I rephrase this norm into the form suggested by Dr. Nexon: "if an actor is type X in situation S, then s/he should do action A." If an actor is a youth or a prime-age adult in the situation of taking a public transport, then s/he should yield the seat to infirm passengers.
This norm has regulative effect in that there is fairly strong compliance and that violation might be criticized. Not yielding seats to infirm passengers might be considered but avoided. Besides, not yielding seats to those in need may be criticized by others. This norm has constitutive effect in that it constitutes the identity of youth or prime-age adults.
Most of the time, I conform to this norm, but I violate it at times when the trip is long and I am not feeling well. In case I don’t want to yield seats, I sort of deny the violation to this norm by taking a preventive measure: taking a nap and not noticing those passengers coming up at the following stops. In the mean time, I justify my behavior to myself by finding an excuse: I’m not feeling well. Apparently, the norm of yielding seats to infirm passengers strongly governs my everyday behavior. Although I violate this norm occasionally, the regulative effect is still strong.
As a state, one of the primary actors in Geneva Regime, it can only attack military targets in wartime. Civilian objects should not be targeted. In other words, if an actor is a state in the situation of armed conflicts, it should not target civilian objects.
On May 7 1999, a US B-2 bomber bombed the Chinese embassy in Belgrade during the Kosovo crisis, killing three Chinese reporters. China denounced US’s bombing through media and demonstrated outside US embassy or consulates in China. NATO apologized and claim that it was an accident caused by an outdated map provided by CIA. In October 1999, US and China agreed upon the payment for damage and for the family of those who died and injured. [1] Some believes that NATO deliberately bombed the Chinese embassy after US had discovered that Chinese Embassy in Belgrade had constantly provided communication for Milosevic's forces. [2]
In this case, the norm of not attacking civilian objects was violated by the United States in order to gain national interests. This norm has regulative effect in that China strongly condemn US’s behavior and US apologized as well as tried to explain the “accidental” bombing with various “excuses.” This norm has constitutive effect in that it constitutes the role of actors who are parties to a conflict and the categories of military versus civilian targets.
Although rules of war are frequently violated in the field, I’m still optimistic about this regime and all these rules and norms. Combatants may not abide by the principle of distinction all the time, however, the fundamental principles of Geneva Regime still put “not targeting civilians” on one’s mind most of the time. Using force against civilians or dual targets are considered as the last resort when there is crucial military interests in attacking them or when attacking them is the only way to reach important military goals. Even though the violation to IHL usually is far from “unthinkable” during armed conflict, these norms still have certain regulative or constitutive effects.
[1] NATO bombing of the Chinese embassy in Belgrade, Wikipedia http://en.wikipedia.org/wiki/NATO_bombing_of_the_Chinese_embassy_in_Belgrade
[2] Nato bombed Chinese deliberately, Guardian Unlimited
http://www.guardian.co.uk/Kosovo/Story/0,2763,203214,00.html
US Air Strike on Chinese Embassy in Belgrade in 1999 was Deliberate, Global Research
http://www.globalresearch.ca/index.php?context=viewArticle&code=20051229&articleId=1665
