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 as long as this contrary practice is condemned by other States or denied by the government itself. Through such condemnation or denial the original rule is actually confirmed. State practice in this context does not mean age-old practice. In general, research for the study has focused on State practice during the last twenty years. Customary internati onal law can emerge in an even shorter period of time. Opinio juris and State practice were examined in relation to certain themes rather than taking treaty rules one by one to establish whether they represent customary law.
The objective in this case is not to establish independent principles of customary international law but to identify norms of human rights law and evidence of human rights practice which support, strengthen and clarify analogous humanitarian law principles. In addition, it was decided by the Steering Committee, and widely supported by the governmental experts, that it would be appropriate to include in the report a separate section on human rights practice because, in situations of armed conflict, human rights law may apply independently. Although human rights treaties recognise that States may be faced with situations in which they will be unable resume to fulfil all their obligations and therefore permit derogation from certain rights, human rights law does not cease to apply during armed conflict. Moreover, there are certain rights which are so fundamental that they may never be restricted or derogated from. The study will seek to identify these so-called non-derogable rights in customary international law. To determine the best way of fulfilling the task entrusted to it, the icrc consulted a group of academic experts in international humanitarian law who formed the Steering Committee of the study. Unlike treaty law, customary international law is not written.
At this moment it appears that some rules will only relate to non-international armed conflict. The rules of the 1949 Geneva conventions on international armed conflict were not researched because they can be assumed to represent customary international law. In any event, with 188 States Parties such a study would be both difficult and less important. In addition, the 1907 Hague conventions were not researched with respect to international armed conflict either, as the nuremberg Tribunal specifically stated that they are customary international law. (b) naval warfare, naval warfare was not included in the study because this area of law was recently the subject of a major restatement, namely the san Remo manual on International Law Applicable to Armed Conflicts at sea. A reference to the manual and its commentary were deemed sufficient by the Steering Committee. (c) International human rights law, although the mandate given to the icrc mentioned only international humanitarian law, behaviour in armed conflict is often analysed in human rights fora which sometimes refer directly to international humanitarian law, while others do not. Such practice was included in the research as it can provide supporting evidence when the customary status of humanitarian law rules is uncertain or the rules are ill-defined. For example, human rights practice can help to clarify concepts which are only vaguely defined under international humanitarian law, such as the concept of torture.
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The second part, on methods of warfare, deals with issues such as the duty to give quarter, prohibition of pillage, perfidy, improper use of emblems and uniforms, protection of medical and religious personnel and belligerent reprisals. The third part, on the use of weapons, looks at the general concepts of the prohibition of weapons of a nature to cause unnecessary suffering or superfluous injury and of weapons that are by nature indiscriminate as well as at specific prohibitions of and restrictions. The fourth part, on certain specific protection regimes, deals with the protection of the civilian population against starvation and the corollary protection of relief personnel and objects. In addition, it examines the protection of cultural and religious objects and the environment. The fifth part covers the treatment of wounded, sick and dead persons, missing persons, persons resume in detention and displaced persons. It also papers contains a section on human rights law practice relating to the treatment of persons in armed conflict. Finally, the sixth part, on accountability and implementation, covers aspects of both State and individual responsibility for violations of international humanitarian law.
It also includes a section on education for armed forces and civilians on humanitarian law. This structure was selected solely for research purposes, in order to achieve a reasonable and even distribution of work, rather than for reasons of strict logic. The final report will not necessarily follow the same order. (a) International and non-int ernational armed conflict. In the report, each issue will be analysed in order to establish which specific rules are customary law applicable in international armed conflict and whether they are also recognised in non-international armed conflict.
The study can be useful for the military. Military manuals should not fall below the standards set by customary international law. Military training should be based at least on these same standards. International (criminal) tribunals which have to apply customary international law could use the study. National courts could also use it because customary international law is a source of law in many domestic legal systems.
Counsel appearing before these courts could also rely on the study. The study will also serve to indicate areas of international humanitarian where there is no agreement and areas where the situation is unclear. These areas may be identified as deserving particular attention from the international community in the coming years. Areas of international humanitarian law covered by the study. For research purposes the study was divided into six parts: principle of distinction methods of warfare use of weapons specific protection regimes treatment of persons and human rights law applicable in armed conflict accountability and implementation. The part on the principle of distinction deals not only with the distinction between combatants and civilians and between military objectives and civilian objects but also with the notions of proportionality in attack, precautions in attack, precautions against the effects of attacks, and the protection.
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Below are a few examples of its possible uses:. Rules of customary international law apply to all States. As a result, the for rules that have been identified as customary international law have to be respected by every State. This will be particularly useful in cases where States have not ratified the 1977 Additional Protocols or in the event of non-international armed conflict, an area where few treaty rules exist, as explained above. The study can also be used to convince governments to ratify certain treaties. If it is shown that certain rules are already customary international law, States should be less hesitant to ratify treaties containing those rules. The study can serve as a dissemination tool. Customary international law takes into account restaurant the practice and legal opinion of States around the world and is therefore culturally neutral, so to speak. The study could serve as a basis for the drafting of other documents, such as a revised document on the essential rules of international humanitarian law.
However, there are few treaty rules regulating non-international conflicts. In fact, in situations not covered by Additional Protocol ii, there is only one general article covering non-international armed conflict, namely Article 3 common to the four Geneva conventions of 1949. While Article 3 is extremely useful, it is far from complete. For example, it is virtually silent on questions relating to the conduct of hostilities. Additional treaty law could sale not easily fill this gap because it would be extremely difficult and time-consuming to have states adopt a new treaty on non-international conflicts which would still need States ratification to enter into force. The idea therefore arose to look into the other source of international law, namely customary international law, which has the additional advantage that as such it binds all States. While many States had wished the icrc to concentrate its efforts on research into rules of customary international law concerning non-international armed conflict, in the end it was mandated to study these rules with respect to both international and non-international armed conflict. The study may be useful for many purposes.
more. Jean-Marie henckaerts, icrc legal division, in December 1995 the 26th International Conference of the red Cross and Red Crescent endorsed the recommendations drawn up by the Intergovernmental Group of Experts for the Protection for War Victims which had met, at the invitation of the Swiss. Recommendation ii of this Group proposed that: the icrc be invited to prepare, with the assistance of experts in ihl international humanitarian law representing various geographical regions and different legal systems, and in consultation with experts from governments and international organisations, a report on customary. At the time of writing, most of the research for this report had been carried out and consultations had been held with academic and governmental experts. The icrc is in the process of drawing up the final report to be ready in spring of the year 2000. The purpose of this article is to explain the purpose of the study, the areas of international humanitarian law covered and the methodology. An examination of the substantive content of the report as such is beyond the scope of this article given that the report is not yet finalised. However, a few observations concerning substantive issues will be made at the end of this comment. Purpose of the study, treaty law and custom ary international law are the main sources of international law. In the area of international humanitarian law, treaty law is well developed in general (see, for instance, the four Geneva conventions of 1949 and their two Additional Protocols of 1977).
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The itention of the methodology of Social media optimization is the perform activities to attract unique visitors to the website content. Social media optimization is one of the two online methods of website optimization. Search engine optimization is the other method of website optimization. Social media is the platform from which the user shares their text, images, audio, and video. Some of the popular social mediums include blogs, message boards, podcasts, wikis, and vlogs. To name few of the popular social media platform are like facebook, twitter, rss feed and many more. Social Media optimization is a method to drive huge amount of people to the website, which can help determine whether the startup idea or website will make it or not. It is involved in driving traffic to the website through new channels, as search engines are not the only source to drive traffic to the websites anymore.