Volume I. Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. Of the 161 rules identified, 159 apply to international armed conflicts and 148 to non-international armed conflicts. Even after the codification of such norms, it is impossible to codify all aspects of legal issues that might arise during a war, and therefore the usual rules remain very relevant in today`s armed conflicts. However, with customary international law, the concept of opinio juris is very unresolved and controversial, as usual practices vary from State to State, making it difficult for States to engage in a uniform practice to which they are attached. War has existed among humanity as long as humanity itself has existed, so of course there have been some principles and customs to follow during a war. Some of these customs and principles have been codified in the Hague Conventions and the Geneva Conventions. In accordance with article 2 of the Vienna Convention on the Law of Treaties, which defines the role of international treaties and conventions as a source of international law, the term “treaty” means an international agreement concluded in writing between States and governed by international law, whether in a single act or in two or more interconnected instruments and regardless of its particular designation. is included. [3] Customary humanitarian law fills certain gaps in the protection of victims of armed conflict offered by treaty law.
These shortcomings stem either from the lack of ratification of the relevant treaties or from the absence of detailed rules on non-international armed conflicts in contract law. The advantage of customary law is that it is not necessary for a State to formally accept a rule in order to be bound by it, as long as the general practice of the State on which the rule is based is “widespread, representative and practically uniform” and is accepted as law. For the sake of clarity, it can be said that multilateral treaties that confer legal obligations to which a large number of nations declare themselves legally bound confer the authority of international law over the applicable treaty, while bilateral treaties or treaties such as those with a narrower scope generally resemble treaties that confer contractual obligations on nations, that international law, as we speak of it; when in reality they link the behavior of nations in the same way. Finally, customary humanitarian law can also be useful in the case of coalition warfare. Contemporary armed conflicts often involve a coalition of states. If the States that form such a coalition do not have the same contractual obligations because they have not ratified the same treaties, customary humanitarian law is the rule common to all members of the coalition. These rules can be used as a minimum standard for the development of common rules of engagement or for the adoption of targeting strategies. However, it should be borne in mind that these usual rules cannot weaken the existing contractual obligations of the various members of the coalition. In general, international law is intended to regulate relations between States and is therefore binding on States. This also applies to international humanitarian law, whether by treaty or customary law, as it regulates armed conflicts that arise between States. Customary humanitarian law bridges this gap, and even States that have not ratified a humanitarian treaty are required to follow certain customs during an armed event or conflict. 7.
If a rule is repeatedly broken, can it still be considered part of customary law? The ICJ (International Court of Justice) is an international judicial body that settles disputes between Member States of the United Nations (UN). Article 38 of the Statute provides that international customs and the general practices of nations shall be one of the sources of customary international law, and that customary law shall be one of the sources of international law. Unlike reservations, declarations do not touch on legal obligations, but are often made when a State expresses its consent to be bound by a particular treaty. The State uses the Declaration to explain or clarify its understanding of certain aspects of the text of the Treaty. The hierarchy of source preferences can be simplified to say that the main sources of international law are international treaties and conventions, as well as customary international law, supplemented by the principles of natural law and auxiliary judicial decisions and teachings of authority. However, this is complemented by other principles, such as the fact that the specific rules take precedence over the general rules; and that the most recent decisions replace the old ones. Nevertheless, it is generally accepted that international treaties and conventions, as well as customary law, are of paramount importance and gravity in the formulation of international law. In addition, these are the two relevant sources in the context of the following discussion. The ICRC intends to use this study in its work to protect and support victims of armed conflict around the world. Where appropriate, the parties to the conflict will be reminded of their usual obligations to respect persons who are not or no longer taking a direct part in hostilities.
To raise awareness of customary humanitarian law, the ICRC will use this study as part of its regular efforts to familiarize States, armed forces, armed opposition groups and civil society with international humanitarian law. As a first step, the ICRC and partner agencies will organize a series of launch events around the world to present the study to legal experts and government representatives. The rules are accompanied by a comment explaining why the rule in question was considered common. Most comments also deal with issues such as the interpretation of the rule, the definition of keywords included in the rule, or examples of how the rule applies. However, it should be emphasized that only the black letter rules are intended to reflect customary law, and not the additional elements contained in the commentaries. Both contract law and customary international law are sources of international law. Treaties, such as the four Geneva Conventions of 1949, are written conventions in which states formally establish certain rules. Treaties are binding only on States that have expressed their consent to be bound by them, usually by ratification.
The study also shows that a variety of customary rules of international humanitarian law apply to international and non-international armed conflicts. Therefore, for the application of these rules, the classification of the conflict as international or non-international is not relevant. These rules apply in any armed conflict. The study can be used by anyone with an interest in international humanitarian law. These include academics, non-governmental organizations and international organizations. However, the study can be particularly useful for the day-to-day work of judicial and governmental bodies dealing with situations of armed conflict. Customary humanitarian law is part of customary law, it refers to the uncodified norms of international law that govern the conduct and legality of armed conflicts, which is why it is also known as the law of war. Customary international law can be either bilateral (practices between two countries) or multilateral (practices between more than two countries).
This means that there can only be two countries that recognize a particular custom as customary international law, or that there can be a global recognition of customs as customary law. For example, the granting of diplomatic immunity was an unwritten international custom until the entry into force of the Vienna Convention on Diplomatic Relations in 1961, which made the granting of such immunity legally binding.