Chapter

Current role and relevance of customary international humanitarian law

Djamchid Momtaz

Proceedings of the conference on customary international humanitarian law

[Tehran] : [Majd publications], [2009?]

p. 25-33

English

Considering the fact that international humanitarian law was the first part of international law to be codified, and accepting the fact that all the rules governing armed conflicts, at least international armed conflicts, are practically subject to multilateral instruments, and finally, if we bear in mind that the four Geneva Conventions of 1949 on IHL have been ratified by all states, yet we have to admit that custom has a significant status in humanitarian law. This status is the result of two phenomena; first, passage of time after the entry into force and ratification of some treaties, here humanitarian law treaties, changes the treaty provisions thereof into customary rules. The first phenomenon will eventually answer this question: "to what extent can one extend the application of treaty obligations to non-party states?" Secondly, in some cases practice of states after the conclusion and the entry into force of a treaty can extend the scope of obligations undertaken by stats party, which eventually leads to completion of the concerned rule - at least through custom.

• Proceedings of the conference on customary international humanitarian law / created by: Pouria Askary, Jean-Marie Henckaerts