Comments on the ICRC Study on customary international humanitarian law
Claude C. Emanuelli
Host item entries:
Canadian yearbook of international law = Annuaire canadien de droit international, Vol. 44, 2006, p. 437-449
This comment takes a critical look at the method used by the International Committee of the Red Cross (ICRC) in its study of customary humanitarian law. It argues that the ICRC study reduces the concept of international custom to its definition under Article 38 of the Statute of the International Court of Justice. It also argues that the study overlooks some of the problems raised by the application of Article 38. It contends that the positions taken by the ICRC to identify customary rules of humanitarian law are somewhat ambiguous and even slanted. Finally, this comment suggests that, beyond questioning the ICRC study, it is the role of custom as a source of international law that is in question.
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