The ICRC study on customary international humanitarian law : characteristics, conclusions and practical relevance
Proceedings of the conference on customary international humanitarian law
[Tehran] : [Majd publications], [2009?]
Egalement publié dans Slovenian law review Vol. 6, no. 1-2, December 2009, p. 225-273 (Cote 345.2/820)
The article highlights the most salient features of the ICRC Study on Customary International Humanitarian Law, noting the broad development treaty law in this field but asserting that customary law, once the basis of humanitarian law, still continues to exist in parallel with these treaties. It also continues to be relevant, all the more so because the fragmentation of treaty rules and their varied application in terms of contracting parties negatively affect the application of treaty law in practice. The article outlines the work of the study, starting with the mandate awarded, organisation of research and the methodology adopted, and then moves on to the conclusions adopted by the study, listing a number of provisions which should be recognised as part of customary international law. Finally, it reasserts its practical relevance in several areas where it can and has been applied when ascertaining the applicable legal framework, such as military operations, fact-finding, judicial procedures and others. Appended to the article is a list of rules that the study found to form part of customary international law.