Customary International Humanitarian Law

Customary International Humanitarian Law

Customary international humanitarian law is a body of unwritten rules of public international law, which govern conduct during armed conflict.

Contents

Customary international law

Customary international law, like international treaty law, is recognized as a primary source of public international law. While international treaties are written agreements by which States establish certain rules, customary international law consists of unwritten rules which derive from “general practice accepted as law”.[1] Therefore, for a rule of customary international to be established, two elements are required: “an objective one, the repeated behaviour of States ... and a subjective one, the belief that such behaviour depends on a legal obligation (opinio juris sive necessitatis)”.[2] The objective element is also often referred to as State practice; the subjective element as opinio juris.

International humanitarian law

International humanitarian law (IHL), also known as the law of war or the law of armed conflict, is the area of public international law which aims, “for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare”.[3]

War is as old as mankind and so, in a sense, is IHL. Behaviour during armed conflict “has always been subject to certain principles and customs”, based on the practices of armies around the world.[4] Since the mid-19th century, however, many such rules have been codified by States in international treaties, like the Hague Regulations and Geneva Conventions.[5] Notwithstanding this increasing codification of IHL, customary rules remain relevant in contemporary armed conflicts.

Current relevance of customary international humanitarian law

Customary international humanitarian law complements the protection provided by international humanitarian treaty law in situations of armed conflict. International treaty law only binds States which are party to a particular treaty; customary international law, on the other hand, is, in general, binding on all States. And while some international humanitarian law treaties, such as the 1949 Geneva Conventions, are today universally ratified, this is not the case for all treaties.[6] Here, customary international humanitarian law can be used to fill gaps in the protection provided in situations of armed conflict.

Furthermore, many of today’s armed conflicts do not take place between States but are of a non-international character. International humanitarian treaty law, however, while highly detailed as regards international armed conflicts, is considerably less developed in relation to non-international armed conflicts. Here, again, customary international humanitarian law can give further guidance.

In 2005, mandated by the States convened at the 26th International Conference of the Red Cross and Red Crescent, and after nearly 10 years of research and consultation, the International Committee of the Red Cross (ICRC) presented a Study on Customary International Humanitarian Law, published by Cambridge University Press.[7] Volume I of the Study contains 161 rules assessed to be of customary status, most of them applicable in both international and non-international armed conflicts. Volume II presents the practice which forms the basis of the conclusions in Volume I.

Since August 2010, a free online version of the Study, the ICRC’s Customary IHL Database, is also available. Part One of the database reflects Volume I of the print edition of the Study. Part Two, based on Volume II of the print edition, presents State practice relating to most aspects of IHL, as expressed in national legislation, military manuals, official statements, and case-law, and the practice of other entities such as international organizations and international courts and tribunals. Part Two is updated regularly through a joint project of the ICRC and the British Red Cross Society, based at the Lauterpacht Centre for International Law, University of Cambridge.

Customary Law database

This database[8], developed in association with the British Red Cross, was launched by the International Committee of the Red Cross in August 2011. It is designed to be used as a legal reference in international and non-international armed conflicts, including by courts, tribunals and international organizations. [9].

The database is updated on a regular basis. A selection of national practice of 30 countries was added in March 2011.[10].

Next update will take place on 21 November 2011 [11].

See also

References

  1. ^ Cf. Statute of the International Court of Justice, Article 38(1)(b).
  2. ^ Tullio Treves, ‘Customary International Law’, in R. Wolfrum (Ed.), The Max Planck Encyclopedia of Public International Law, Oxford University Press, 2008, online edition, [1].
  3. ^ ICRC, What is International Humanitarian Law, Legal Fact Sheet.
  4. ^ Ibid.
  5. ^ ICRC, International Humanitarian Law – Treaties & documents.
  6. ^ Ibid.
  7. ^ J.-M. Henckaerts and L. Doswald-Beck (eds.), Customary International Humanitarian Law, 2 Volumes, Volume I: Rules, Volume II: Practice (Cambridge University Press & ICRC, 2005).
  8. ^ Cusstomary Law database
  9. ^ New legal database launched to enhance protection for war victims
  10. ^ Improving people's protection in war
  11. ^ Customary international humanitarian law

External links


Wikimedia Foundation. 2010.

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

  • International humanitarian law — (IHL), often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus comprised of the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary… …   Wikipedia

  • Customary international law — are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the… …   Wikipedia

  • International criminal law — This article is about international criminal law and crimes against international law. For crimes that have actual or potential effect across national borders, see Transnational crime. International criminal law is a body of international law… …   Wikipedia

  • International law and the Arab–Israeli conflict — Arguments about the applicability of various elements of international law underlie the debate around the Arab Israeli conflict. This article discusses the basis for these conflicts. The basis for legal arguments International law is different… …   Wikipedia

  • International Criminal Court — Not to be confused with the International Court of Justice. International Criminal Court Cour pénale internationale (French) …   Wikipedia

  • International human rights law — refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements… …   Wikipedia

  • International law — is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation states in adherence to recognized values and standards, differing from other legal systems in that it concerns nations rather than …   Wikipedia

  • International Women's Day — Poster for Women s Day, March 8, 1914 Observed by Men and Women worldwide Type International …   Wikipedia

  • international law — the body of rules that nations generally recognize as binding in their conduct toward one another. Also called law of nations. Cf. private international law, public international law. [1830 40] * * * Body of legal rules, norms, and standards that …   Universalium

  • International Committee of the Red Cross — ICRC redirects here. For other uses, see ICRC (disambiguation). The International Committee of the Red Cross (ICRC) is a private humanitarian institution based in Geneva, Switzerland. The community of states has given the ICRC a unique role,… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”