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Download Customary International Humanitarian Law: Volume 1, Rules by Jean-Marie Henckaerts, Louise Doswald-Beck, Carolin PDF

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By Jean-Marie Henckaerts, Louise Doswald-Beck, Carolin Alvermann, Knut Dörmann, Baptiste Rolle

In 1995, the overseas Committee of the pink pass, in addition to more than a few popular specialists, embarked upon an immense overseas examine into present kingdom perform in humanitarian legislations that allows you to establish familiar legislations during this quarter. This booklet (and its better half, quantity 2: perform) is the results of that learn. quantity 1 is a complete research of the everyday ideas of foreign humanitarian legislations appropriate in foreign and non-international armed conflicts.

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Additional resources for Customary International Humanitarian Law: Volume 1, Rules

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The number of claims to an exclusive economic zone had risen to 56, which included several specially affected States. ICJ, Continental Shelf case, supra note 11, pp. 29–30, § 27. ICJ, North Sea Continental Shelf cases, supra note 12, p. 42, § 73. l Introduction norm-creating character and is widely adopted by States with a view to creating a new general legal obligation. 56 This study takes the cautious approach that widespread ratification is only an indication and has to be assessed in relation to other elements of practice, in particular the practice of States not party to the treaty in question.

This is especially relevant for the work of courts and international xxxvi Introduction organisations. Indeed, courts are frequently required to apply customary international law. This is the case, for example, for the International Criminal Tribunal for the Former Yugoslavia which, pursuant to Article 3 of its Statute, has jurisdiction over violations of the laws and customs of war. As a result, the Tribunal has had to determine whether certain violations of international humanitarian law were violations under customary international law over which the Tribunal has jurisdiction.

As a result, the Tribunal has had to determine whether certain violations of international humanitarian law were violations under customary international law over which the Tribunal has jurisdiction. In addition, in many countries, customary international law is a source of domestic law and can be invoked before and adjudicated by national courts. Customary international law is also relevant to the work of international organisations in that it generally represents the law binding upon all member States.

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