ABSTRACT

This chapter focuses on the signification of granting or withholding legal subjectivity which may become a site of contestation. Recognition of the national liberation movements as legal subjects in the negotiations over the Additional Protocols of the Geneva Conventions was preceded by a range of struggles in the United Nations and marked international law’s transition to a postcolonial world order. Von Bernstorff’s contribution analyses in how far the legal victory on the part of the Global South meant the legal rejection of the Euro-American colonial project and hints at the paradox that all resistance to colonialism by the had to operate within the legal structures of the colonizer. This can be read as a clear example of the impact of regimes of recognition on political subjectivities from the South.