Perspectives on the Icrc Study on Customary International Humanitarian Law

by Wilmhurst, Elizabeth; Breau, Susan

• ISBN13: 9781107402386
• ISBN10: 1107402387
• Edition: Revised
• Format: Paperback
• Copyright: 2011-05-26
• Publisher: Cambridge Univ Pr

Summary

The International Committee of the Red Cross's study of Customary International Humanitarian Law by Jean-Marie Henckaerts and Louise Doswald-Beck (Cambridge University Press, 2005) contains a unique collection of evidence of the practice of States and non-State actors in the field of international humanitarian law, together with the authors' assessment of that practice and their compilation of rules of customary law based on that assessment. The study invites comment on its compilation of rules. Perspectives on the ICRC Study on Customary International Humanitarian Law was originally published in 2007, and results from a year-long examination of the study by a group of military lawyers, academics and practitioners, all with experience in international humanitarian law. The book discusses the study, its methodology and its rules and provides a critical analysis of them. It adds its own contribution to scholarship on the interpretation and application of international humanitarian law.

Table of Contents

Setting the Scene - Theoretical Perspectives on International Law in the ICRC Study

The methodological framework of the study

The approach to customary international law in the study

Other areas of customary law in relation to the study

Status of Conflict and Combatants - The ICRC Study

Status of conflict

Combatant status Anthony Rogers

Commentary on Selected Rules from the ICRC study

Targeting

Protected persons and objects

Environment

Methods of warfare

Weapons of warfare

Fundamental guarantees

Prisoner of war status

Displacement and displaced persons

Implementation and compliance

War crimes

Conclusions

Conclusions

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