I. INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT:
LEGAL SOURCES, PRINCIPLES AND ACTORS
The Hague Regulations are generally considered as corresponding to
customary international law, binding on all States independently of their
acceptance of them. The Geneva Conventions have attained universal
ratification. Many of the provisions contained in the Geneva Conventions
and their Protocols are considered to be part of customary international
law and applicable in any armed conflict.13
Other international treaties dealing with the production, use and stockpiling
of certain weapons are also considered part of international humanitarian
law, insofar as they regulate the conduct of armed hostilities and impose
limitations on the use of certain weapons. Some of these conventions are:
The Convention on the Prohibition of the Use, Stockpiling, Production
and Transfer of Anti-Personnel Mines and on their Destruction;
The Convention on Cluster Munitions;
The Convention on the Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin Weapons and on
their Destruction;
The Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their Destruction;
The Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons Which May be Deemed to be Excessively
Injurious or to Have Indiscriminate Effects; and
The Treaty on the Non-Proliferation of Nuclear Weapons.
The International Committee of the Red Cross (ICRC) has a special role
under international humanitarian law. The Geneva Conventions stipulate
that it will visit prisoners, organize relief operations, contribute to family
reunification and conduct a range of humanitarian activities during
international armed conflicts. They also allow it to offer these services
For a detailed analysis of customary rules of international humanitarian law, see
International Committee of the Red Cross, Customary International Humanitarian Law, by
Jean-Marie Henckaerts and Louise Doswald-Beck (Cambridge University Press, 2005).
13
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents