Customary international humanitarian law: Questions and answers

The study encompasses research into State practice as reflected in national, as well as international sources. The 161 rules have been catalogued in 6 Parts:

  • Principle of distinction
  • Specifically protected persons and objects
  • Specific methods of warfare
  • Weapons
  • Treatment of civilians and persons hors de combat  
  • Implementation

The publication is divided into two volumes:

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 in international armed conflicts and 148 apply in non-international armed conflicts.

The rules are accompanied by a commentary which explains why the rule in question was found to be customary. Most commentaries also address issues such as the interpretation of the rule, the definition of keywords contained in the rule or examples of the application of the rule. It should be stressed, however, that only the black letter rules are meant to reflect customary law, not the additional elements contained in the commentaries.

Volume II. Practice contains, for each aspect of international humanitarian law, a summary of relevant treaty law and of relevant State practice, including reports on the behaviour of parties to an armed conflict, military manuals, national legislation, national case-law and official statements, as well as practice of international organizations, international conferences and international judicial and quasi-judicial bodies.

Together, both volumes contain m ore than 5,000 pages. The study was edited by Jean-Marie Henckaerts of the ICRC Legal Division and Louise Doswald-Beck of the Graduate Institute of International Studies and the University Centre for International Humanitarian Law in Geneva. It is published by Cambridge University Press and is on sale as part of their catalogue.

Source : Icrc