Suchergebnisse

The purpose of this study is to analyse the normative character of custom in international humanitarian law (IHL), on the basis of the theory and jurisprudence of public international law, in order to arrive at a better understanding of the conduct of States in conflict situations. In so doing, an attempt will be made to determine the possibilities for developing custom in IHL, especially in view of the increasing concern shown by international public opinion for the plight of victims of armed conflicts. The paper will begin with a review of the questions raised by custom as an independent source of humanitarian law (point 1) and go on to take a closer look at the constituent elements of custom in humanitarian law (point 2). It will end with a comparative study of the two approaches to custom in IHL, concentrating on the consequences that the development of custom may have in the future (point 3).

For some, the aftermath of the events of September 11, 2001, seemed to prove that the existing rules of international humanitarian law were outdated and that they needed immediate reformation and reinterpretation. These rules rested on the paradigm of a World War II-kind of interstate conflict with heavy weapons being used on both sides, whereas today asymmetric and more sporadic forms of conflict are pitted against non-State actors. Five years after the terror attacks, the world looks back on an international debate on the status and treatment of terrorist suspects which has at least led to the conclusion that the Geneva Conventions of 1949 are not as outdated and that their basic principles and rules are still valid and legitimate. The US Supreme Court has recently confirmed that the common Article 3 of the Geneva Conventions give terrorist suspect detainees a right to have a proper trial. Adapted from the source document.

The International Review of the Red Cross is pleased to publish this essay by Professor Vangah Francis Wodie on the perception of humanitarian law by African states, and their contribution to this law's development in view of the problems confronting them. The essay reflects the personal views of the author, who gives special attention to the legal and humanitarian problems facing many states as a result of the influx of refugees and the use of mercenaries in some conflicts.