By Jean-Marie Henckaerts, Louise Doswald-Beck, Carolin Alvermann, Knut Dörmann, Baptiste Rolle
In 1995, the foreign Committee of the pink pass, in addition to quite a number popular specialists, embarked upon an important foreign learn into present nation perform in humanitarian legislations in an effort to determine conventional legislation during this quarter. This publication (and its spouse, quantity 2: perform) is the results of that learn. quantity 1 is a entire research of the primary ideas of foreign humanitarian legislation acceptable in foreign and non-international armed conflicts.
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Extra resources for Customary International Humanitarian Law: Volume 1, Rules
To limit the study to a consideration of the practice of only the 30-odd States that have not ratified the Additional Protocols, for example, would not comply with the requirement that customary international law be based on widespread and representative practice.
First, treaties apply only to the States that have ratified them. This means that different treaties of international humanitarian law apply to different armed conflicts depending on which treaties the States involved have ratified. While nearly all States have ratified the four Geneva Conventions of 1949, Additional Protocol I has not yet gained universal adherence. As the Protocol is applicable only between parties to a conflict that have ratified it, its efficacy today is limited because several States that have been involved in international armed conflicts are not a party to it.
Hence, the ratification, interpretation and implementation of a 46 47 48 49 50 For an analysis of this phenomenon in the behaviour of international courts, see Frederic L. Kirgis, “Custom on a Sliding Scale”, American Journal of International Law, Vol. 81, 1987, p. 146. International Military Tribunal at Nuremberg, Case of the Major War Criminals, Judgement, 1 October 1946, Official Documents, Vol. I, pp. 253–254. ICJ, Case concerning Military and Paramilitary Activities in and against Nicaragua, supra note 14, pp.
Customary International Humanitarian Law: Volume 1, Rules by Jean-Marie Henckaerts, Louise Doswald-Beck, Carolin Alvermann, Knut Dörmann, Baptiste Rolle