
Unlike treaty law, customary international law is not written. To prove that a certain rule is customary one has to show that it is reflected in state practice and that there exists a conviction in the international community that such practice is required as a matter of law.
In this context, "practice" relates to official state practice and therefore includes formal statements by states. A contrary practice by some states is possible because if this contrary practice is condemned by other states or denied by the government itself the original rule is actually confirmed.
Conferences
27-11-2008
Customary international humanitarian law - Roundtable reports
Kuala Lumpur roundtable and Beijing roundtable
(Humanitarian law\Treaties and customary law\Customary humanitarian law)
Includes PDF
14-9-2007
Custom as a source of international humanitarian law
Proceedings of the Conference to Mark the Publication of the ICRC Study “Customary International Humanitarian Law” held in New Delhi, 8–9 December 2005, organised jointly by the International Committee of the Red Cross (ICRC) and the Asian African Legal Consultative Organization (AALCO).
(Humanitarian law\Treaties and customary law\Customary humanitarian law)
Includes PDF
2-2-2007
Geneva - Roundtable on Customary International Humanitarian LawRoundtable on Customary International Humanitarian Law and its Relevance for the Interoperability of Armed Forces, Geneva, Switzerland 1 - 2 February 2007
(Humanitarian law\Treaties and customary law\Customary humanitarian law)
Other site
ICRC Publication
31-12-2006
Customary International Humanitarian Law
This eagerly awaited publication is the result of a major international study into current state practice in international humanitarian law in order to identify customary law in this area. Presented in two volumes, it analyzes the customary rules of IHL and contains a detailed summary of the relevant treaty law and state practice throughout the world. In the absence of ratifications of important treaties in this area, this is a publication of major importance, which identifies the common core of international humanitarian law binding on all parties to all armed conflicts.
Edited by Jean-Marie Henckaerts (ICRC) and Louise Doswald-Beck (International Commission of Jurists)
(Info resources\ICRC publications and films\Publications\Humanitarian law)
ICRC Publication
24-11-2006
Study on customary international humanitarian law: a contribution to the understanding and respect for the rule of law in armed conflict
This article explains the rationale behind a study on customary international humanitarian law recently undertaken by the ICRC at the request of the International Conference of the Red Cross and Red Crescent. It describes the methodology used and how the study was organized and summarizes some major findings. It does not, however, purport to provide a complete overview or analysis of these findings.
(Info resources\ICRC publications and films\Publications\Humanitarian law)
ICRC PublicationJean-Marie Henckaerts Includes PDF
International Review of the Red Cross
30-6-2007
A US government response to the International Committee of the Red Cross study Customary International Humanitarian Law
(Info resources\International Review\2007 - No. 866)
International Review of the Red CrossJohn B. Bellinger III, William J. Haynes II Includes PDF
30-6-2007
Customary International Humanitarian Law: a response to US comments
(Info resources\International Review\2007 - No. 866)
International Review of the Red CrossJean-Marie Henckaerts Includes PDF
Press article
31-7-2005
Customary international humanitarian law
The ICRC presents a new and long-awaited study that identifies enhanced protection for war victims – Article published in the Red Cross Red Crescent Magazine, No 2, 2005(Humanitarian law\Treaties and customary law\Customary humanitarian law)
Press articleJean-Marie Henckaerts, Eric Mongelard
Report
12-10-2007
Study on customary international humanitarian law
Official working document of the 30th International Conference of the Red Cross and Red Crescent, Geneva, 26 to 30 November 2007.
(Humanitarian law\Treaties and customary law\Customary humanitarian law)
Report Includes PDF
More in this section
31-3-2005
Study on customary international humanitarian law: all language versions of the summary and list of rules
All language versions of an article, published in the International Review of the Red Cross, No. 857, 31 March 2005. This article describes how the study on customary international humanitarian law was organized, summarizes some of the major findings and includes the complete list of the rules.
(Humanitarian law\Treaties and customary law\Customary humanitarian law)
Jean-Marie Henckaerts
31-3-2005
List of customary rules of international humanitarian law
This list is based on the conclusions set out in Volume I of the study on customary international humanitarian law. As the study did not seek to determine the customary nature of each treaty rule of international humanitarian law, it does not necessarily follow the structure of existing treaties.
(Humanitarian law\Treaties and customary law\Customary humanitarian law)