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section_ihl_customary_humanitarian_law

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.
New customary IHL database published!
The results of research on customary humanitarian law conducted in 2005 are now available in database form.
The new database provides rapid access to the rules of customary IHL and enables users to examine practice around the world. Regular updates will include further examples of national practice.
The database can be accessed here: Customary IHL database


Key document
    9-8-2010
    Customary international humanitarian law: reducing the human cost of armed conflict
    The rules of customary international humanitarian law (IHL) aim to protect the victims of armed conflict. They complement the protection provided by treaty law and fill certain gaps resulting from treaties not having been ratified. The ICRC's head of project for customary law, Jean-Marie Henckaerts, explains why customary IHL is so important and talks about the launch of a new database to make these essential rules more accessible.
    (Humanitarian law\Treaties and customary law\Customary humanitarian law)
    Interview

    31-12-2006
    Customary International Humanitarian Law
    This 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 relevant 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 (Graduate Institute of International and Development Studies).
    (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

Conferences
    27-11-2008
    Customary international humanitarian law - Roundtable reports
    Kuala Lumpur roundtable and Beijing roundtable
    (Humanitarian law\Treaties and customary law\Customary humanitarian law)
    Includes PDF

    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)
    Other site

International Review of the Red Cross
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
    12-10-2007
    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

More in this section
    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)

    31-3-2005
    Study on customary international humanitarian law: all language versions of the summary and list of rules
    All language versions of an article, published in the International Review of the Red Cross, No. 857, 31 March 2005. This article describes how the study on customary international humanitarian law was organized, summarizes some of the major findings and includes the complete list of the rules.
    (Humanitarian law\Treaties and customary law\Customary humanitarian law)
    Jean-Marie Henckaerts

    31-3-2005
    List of customary rules of international humanitarian law
    This list is based on the conclusions set out in Volume I of the study on customary international humanitarian law. As the study did not seek to determine the customary nature of each treaty rule of international humanitarian law, it does not necessarily follow the structure of existing treaties.
    (Humanitarian law\Treaties and customary law\Customary humanitarian law)



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9-09-2010