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Section
Customary international humanitarian law

Unlike treaty law, customary international law is not written. To prove that a certain rule is customary one has to show that it is reflected in state practice and that there exists a conviction in the international community that such practice is required as a matter of law. In this context, "practice" relates to official state practice and therefore includes formal statements by states. A contrary practice by some states is possible because if this contrary practice is condemned by other states or denied by the government itself the original rule is actually confirmed.

Key document
    14-9-2007
    Summary of the study and list of rules
    This article, published in more than 20 languages, explains the rationale behind a study on customary international humanitarian law recently undertaken by the ICRC at the request of the International Conference of the Red Cross and Red Crescent. It describes the methodology used and how the study was organized, summarizes some major findings and includes the complete list of the rules
    (Humanitarian law\Treaties and customary law\Customary humanitarian law)
    International Review of the Red Cross

    15-8-2005
    Customary international humanitarian law: questions & answers
    Based on extensive research, a 5000-page study by the ICRC has identified 161 rules which were found to be customary today. The ICRC was mandated by States to undertake this study in order to contribute to the clarification of the content of customary humanitarian law, by definition a body of unwritten rules.
    (Humanitarian law\Treaties and customary law\Customary humanitarian law)

Conferences
    14-9-2007
    Custom as a source of international humanitarian law
    Proceedings of the Conference to Mark the Publication of the ICRC Study “Customary International Humanitarian Law” held in New Delhi, 8–9 December 2005, organised jointly by the International Committee of the Red Cross (ICRC) and the Asian African Legal Consultative Organization (AALCO).
    (Humanitarian law\Treaties and customary law\Customary humanitarian law)
    Includes PDF

    2-2-2007
    Geneva - Roundtable on Customary International Humanitarian Law
    Roundtable on Customary International Humanitarian Law and its Relevance for the Interoperability of Armed Forces, Geneva, Switzerland 1 - 2 February 2007
    (Humanitarian law\Treaties and customary law\Customary humanitarian law)

ICRC Publication
    31-12-2006
    Customary International Humanitarian Law
    This eagerly awaited publication is the result of a major international study into current state practice in international humanitarian law in order to identify customary law in this area. Presented in two volumes, it analyzes the customary rules of IHL and contains a detailed summary of the relevant treaty law and state practice throughout the world. In the absence of ratifications of important treaties in this area, this is a publication of major importance, which identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Edited by Jean-Marie Henckaerts (ICRC) and Louise Doswald-Beck (International Commission of Jurists)
    (Info resources\ICRC publications and films\Publications\Humanitarian law)
    ICRC Publication

    24-11-2006
    Study on customary international humanitarian law: a contribution to the understanding and respect for the rule of law in armed conflict
    This article explains the rationale behind a study on customary international humanitarian law recently undertaken by the ICRC at the request of the International Conference of the Red Cross and Red Crescent. It describes the methodology used and how the study was organized and summarizes some major findings. It does not, however, purport to provide a complete overview or analysis of these findings.
    (Info resources\ICRC publications and films\Publications\Humanitarian law)
    ICRC PublicationJean-Marie Henckaerts Includes PDF

International Review of the Red Cross
Interview
    14-3-2005
    Customary humanitarian law: when custom becomes the norm
    The two authors of the study on customary international humanitarian law explain its significance and why it offers the hope of greater protection for conflict victims.
    (Info resources\Audio)
    Interview Includes Audio

Press article
    31-7-2005
    Customary international humanitarian law
    The ICRC presents a new and long-awaited study that identifies enhanced protection for war victims – Article published in the Red Cross Red Crescent Magazine, No 2, 2005
    (Humanitarian law\Treaties and customary law\Customary humanitarian law)
    Press articleJean-Marie Henckaerts, Eric Mongelard

Report
    10-12-2008
    Study on customary international humanitarian law
    Official working document of the 30th International Conference of the Red Cross and Red Crescent, Geneva, 26 to 30 November 2007.
    (Humanitarian law\Treaties and customary law\Customary humanitarian law)
    Report Includes PDF

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5-09-2008