 |
 |
|
|
News 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.  Key document31-5-2007 30th Anniversary of Additional Protocols I and IIAdopted 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) 22-9-2006 A milestone for international humanitarian lawWhen 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 1-9-2006 The Geneva Conventions: the core of international humanitarian lawThe 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) 31-10-2002 What treaties make up international humanitarian law?Extract from ICRC publication "International humanitarian law: answers to your questions" (Humanitarian law\IHL in brief) States party to the main treaties3-9-2008 States party to the main treatiesStates 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 Audio Collection19-6-2002 The 25 years of the Additional Protocols to the Geneva Conventions of 1949 - Round tableRound table on the theme "International Humanitarian Law at the Beginning of the 21st Century: Challenges and Prospects". Includes audio extracts. (Info resources\Audio) Audio Collection Includes Audio ICRC Publication20-6-2005 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 1949The 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 1949The 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 1949A 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 ProtocolsThis 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 publication 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 publication 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 publication 30-12-1952 Commentary on the Geneva Conventions of 12 August 1949. Volume IThe 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 publication International Review of the Red Cross31-3-2007 Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)(Info resources\International Review\2007 - No. 865) International Review of the Red Cross Includes PDF 31-3-2003 Les réserves aux Protocoles additionnels aux Conventions de Genève pour la protection des victimes de la guerre(Info resources\International Review\2003 - No. 849) International Review of the Red Cross Includes PDF 30-4-1997 The Martens Clause and the Laws of Armed Conflict(Info resources\International Review\1997 - No. 317) International Review of the Red Cross Official Statement1-6-2007 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 18-10-2006 Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflictUnited Nations, General Assembly, 61st session, Sixth Committee, item 75 of the agenda, Statement by the International Committee of the Red Cross (ICRC), New York, 18 October 2006 (ICRC Activities\Humanitarian diplomacy\United Nations\61st General Assembly) Official Statement 5-9-2002 International Humanitarian Law at the Beginning of the 21st Century26th Round Table in San Remo on current problems of international humanitarian law: "The two Additional Protocols to the Geneva Conventions: 25 years later — challenges and prospects". Statement by Dr. Jakob Kellenberger, ICRC President. (Humanitarian law\Treaties and customary law) Official Statement 7-6-2002 The 25 years of the Additional Protocols to the Geneva Conventions of 1949The major achievement of the First Additional Protocol were the rules it established on the conduct of hostilities. Among them is the crucial principle of distinction between civilians and combatants and between civilian objects and military objectives. Additional Protocol II was the first ever international treaty devoted exclusively to the protection of persons affected by non-international armed conflicts. (Humanitarian law\Treaties and customary law) Official Statement 6-6-2002 The 25 years of the Additional Protocols to the Geneva Conventions of 1949 - ICRC statementOn 8 June 1977, the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, adopted the two Protocols additional to the Geneva Conventions of 1949. One relates to the protection of victims of international armed conflicts and the other to the protection of victims of non-international armed conflicts. The essence of these treaties provides an adequate basis for the protection of human beings in time of war. Statement by Mr Jakob Kellenberger, President of the International Committee of the Red Cross. (Humanitarian law\Treaties and customary law) Official Statement Photo Collection31-5-2007 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 Press article22-8-2006 ICRC hails ratification of Geneva ConventionsThe ICRC says the signing of the Geneva Conventions by all 194 world nations is a "historic achievement".- Article published on the Swiss info web site. Interview with Philip Spoerri, ICRC Director for International Law and Cooperation within the Movement (Humanitarian law\Treaties and customary law) Press article More in this section31-5-2007 Factsheet on the 1977 Protocols Additional to the Geneva ConventionsThe 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) Includes PDF 31-5-2007 War and Law: some of the major advances introduced by Additional Protocols I and IIAdopted in 1977, the two protocols additional to the four Geneva Conventions of 1949 extend and strengthen the protection provided by International Humanitarian Law (IHL) to the victims of international (Protocol I) and non-international (Protocol II) armed conflict. (Humanitarian law\Treaties and customary law) 7-6-2006 International Humanitarian Law - Treaties & Documents databaseThe International Humanitarian Law - Treaties & Documents database was created by the International Committee of the Red Cross (ICRC). The database contains a hundred or so treaties and instruments of international humanitarian law from 1856 to the present. (Humanitarian law\Treaties and customary law) 4-6-2004 How "grave breaches" are defined in the Geneva Conventions and Additional ProtocolsThe four Geneva Conventions of 1949 and Protocol 1 of 1977 each have a definition of what constitutes grave breaches. (Humanitarian law\Treaties and customary law) 4-6-2004 International humanitarian law: the essential rulesThese rules, drawn up by the ICRC, summarize the essence of international humanitarian law. They do not have the authority of a legal instrument and in no way seek to replace the treaties in force. They were drafted with a view to facilitating the promotion of the law. (Humanitarian law\Treaties and customary law)  |
