Home
  English
  Arabic
  Russian
  Chinese
Help the victims of war: make a donation to the ICRC today!
section_ihl_treaties_and_customary_law

Section
Treaties and customary international humanitarian law
Section explaining the difference between the types of law and how they complement each other; links to the treaty database; states that are party to the treaties; listings of reference documents.
Treaty law and customary international humanitarian law are the main sources of humanitarian law. Unlike treaty law (for ex: the four Geneva Conventions), customary international law is not written.
The ICRC study on customary international humanitarian law identifies the common core of international humanitarian law binding on all parties to all armed conflicts.

A rule is customary if it reflects state practice and when there exists a conviction in the international community that such practice is required as a matter of law. While treaties only bind those States which have ratified them, customary law norms are binding on all States.

The four Geneva Conventions of 1949, their two Additional Protocols of 1977 and Additional Protocol III of 2005 are the principal instruments of humanitarian law.

  • See also the Treaty database
  • , containing about 100 IHL treaties, commentaries on the four Geneva Conventions and their Additional Protocols, with an up-to-date list of signatures and ratifications and full text of reservations.
    Key document
      3-9-2009
      The Geneva Conventions of 1949
      The Geneva Conventions and their Additional Protocols are international treaties that contain the most important rules limiting the barbarity of war. They protect people who do not take part in the fighting (civilians, medics, aid workers) and those who can no longer fight (wounded, sick and shipwrecked troops, prisoners of war). Links to selected resources.
      (Humanitarian law\Treaties and customary law)

      1-1-2009
      Protocols I and II additional to the Geneva Conventions
      Adopted on 8 June 1977, Protocols I and II are international treaties that supplement the Geneva Conventions of 1949. They significantly improve the legal protection covering civilians and the wounded, and - for the first time - lay down detailed humanitarian rules that apply in civil wars.
      (Humanitarian law\Treaties and customary law)

    States party to the main treaties
      24-11-2009
      States party to the main treaties
      States party to the main IHL and other related treaties: Protection of Victims of Armed Conflicts - International Criminal Court - Protection of Cultural Property in the Event of Armed Conflict - Environment - Weapons
      (Humanitarian law\Treaties and customary law)
      Includes PDF

    Fact Sheet
      31-5-2007
      Factsheet on the 1977 Protocols Additional to the Geneva Conventions
      The main instruments of international humanitarian law are the Geneva Conventions of 12 August 1949 for the protection of war victims. These treaties protect the wounded, the sick, the shipwrecked, prisoners of war and civilians. However, the Conventions left gaps in important areas, such as the conduct of hostilities and protection of civilians from the effects of hostilities. To remedy these shortcomings, two Protocols were adopted in 1977.
      (Humanitarian law\Treaties and customary law)
      Fact Sheet Includes PDF

    FAQ
    ICRC Publication
      20-6-2005
      Rules of international humanitarian law and other rules relating to the conduct of hostilities
      This publication has been updated, slightly restructured and now includes a number of treaties that have been adopted since its last update in 1996. This volume is a collection of treaties regulating the conduct of hostilities. This body of law is of particular importance in alleviating the effects of armed conflict in that it regulates and limits the choice of methods and means of warfare used by the parties to the conflict.

      Intended for academics, students, legal profession, ICRC delegations and Red Cross Red Crescent National Societies.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC Publication Includes PDF

      31-12-1996
      The Protocols additional to the Geneva Conventions of 12 August 1949
      The 1949 Geneva Conventions neither provided for adequate protection of the civilian population against the effects of hostilities, nor did they cover modern forms of warfare. The work of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts, held in Geneva from 1974 to 1977, resulted in the adoption of two Protocols additional to the Geneva Conventions.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC publication

      31-12-1995
      The Geneva Conventions of August 12 1949
      The four Geneva Conventions of 12 August 1949 are international treaties, ratified or acceded to by virtually all States. They protect the wounded and sick in armed forces in the field; wounded, sick and shipwrecked members of armed forces at sea; prisoners of war; and civilians who find themselves under the rule of a foreign power in the event of international conflict.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC publication

      17-10-1987
      Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949
      A number of legal experts took part in this collective work, written with the collaboration of Jean Pictet.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC publication

      17-10-1983
      Summary of the Geneva Conventions of 12 August 1949 and their Additional Protocols
      This is not an abridged commentary on the Conventions and their Additional Protocols, but a summary of their main provisions, with references to the relevant articles. For all categories of readers.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC publication

      31-12-1960
      Commentary on the Geneva Conventions of 12 August 1949. Volume II.
      The four volumes of the Commentary were published between 1952 and 1959. This imposing work is intended for specialists and specialized institutions.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC publicationJean Pictet

      30-12-1960
      Commentary on the Geneva Conventions of 12 August 1949. Volume III.
      The four volumes of the Commentary were published between 1952 and 1959. This imposing work is intended for specialists and specialized institutions.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC publicationJean de Preux

      31-12-1958
      Commentary on the Geneva Conventions of 12 August 1949. Volume IV.
      The four volumes of the Commentary were published between 1952 and 1959. This imposing work is intended for specialists and specialized institutions.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC publicationOscar Uhler, Henri Coursier

      30-12-1952
      Commentary on the Geneva Conventions of 12 August 1949. Volume I
      The four volumes of the Commentary were published between 1952 and 1959. This imposing work is intended for specialists and specialized institutions.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC publicationJean Pictet

    International Review of the Red Cross
    Interview
    Official Statement
      9-11-2009
      Sixty years of the Geneva Conventions and the decades ahead
      Statement by Jakob Kellenberger, president of the ICRC, to the conference on the challenges for IHL posed by new threats, new actors and new means and methods of war, organized by the Swiss Federal Department of Foreign Affairs in cooperation with the ICRC, Geneva, 9-10 November 2009.
      (Humanitarian law\Treaties and customary law)
      Official Statement

      12-8-2009
      Sixty years of the Geneva Conventions: learning from the past to better face the future
      Ceremony to celebrate the 60th anniversary of the Geneva Conventions. Address by Jakob Kellenberger, President of the ICRC, Geneva, 12 August 2009.
      (Humanitarian law\Treaties and customary law)
      Official Statement

      12-8-2009
      The Geneva Conventions of 1949: origins and current significance
      Ceremony to celebrate the 60th anniversary of the Geneva Conventions. Address by Philip Spoerri, Director of International Law, ICRC
      (Humanitarian law\Treaties and customary law)
      Official Statement

      9-7-2009
      The Geneva Conventions Today
      Address by Knut Dörmann, Head of the Legal Division, International Committee of the Red Cross, , London, 9 July 2009
      (Humanitarian law\Treaties and customary law)
      Official Statement

      9-7-2009
      60th anniversary of the Geneva Conventions
      Address by Christine Beerli, ICRC Vice-President, London, 9 July 2009
      (Humanitarian law\Treaties and customary law)
      Official Statement

      24-10-2008
      Status of the Protocols additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts
      United Nations, General Assembly, 63rd session, Sixth Committee, Item 76. Statement by the ICRC, New York, 24 October 2008
      (ICRC Activities\Humanitarian diplomacy\United Nations\63rd General Assembly)
      Official Statement

      1-6-2007
      Law of war stands tough test of time
      30th Anniversary of the 1977 Protocols Additional to the Geneva Conventions. Opinion editorial by Philip Spoerri, ICRC Director for International Law and Cooperation within the Movement.
      (Humanitarian law\Treaties and customary law)
      Official Statement

      22-9-2006
      A milestone for international humanitarian law
      When the last two remaining States signed up to the Geneva Conventions of 1949, the treaties achieved universal recognition as the principal legal basis for protecting victims of war. But, says the ICRC’s top legal adviser, Jean-Philippe Lavoyer, much remains to be done to achieve universal compliance.
      (Humanitarian law\Treaties and customary law)
      Official Statement

    Photo Collection
      31-5-2007
      Rules to limit suffering in war
      Series of photos illustrating rules laid down by the 1977 protocols additional to the Geneva Conventions, which aim to limit the suffering of people affected by armed conflict.
      (Info resources\Photos)
      Photo Collection Includes Photo

    More in this section


    go to top of page
    © 2009  International Committee of the Red Cross
    25-11-2009