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Perspectives on the ICRC Study on Customary International Humanitarian Law

Perspectives on the ICRC Study on Customary International Humanitarian Law

Author: Elizabeth Wilmshurst; Susan Breay
Publisher: Cambridge University Press
ISBN: 9780521882903
Published In: October 2007
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The International Committee of the Red Cross's Customary International Humanitarian Law by Jean-Marie Henckaerts and Louise Doswald-Beck (Cambridge University Press, 2005) contains a unique collection of evidence of the practice of States and non-State actors in the field of international humanitarian law, together with the authors' assessment of that practice and their compilation of rules of customary law based on that assessment.

The Study invites comment on its compilation of rules. Perspectives on the ICRC Study on Customary International Humanitarian Law results from a year-long examination of the Study by a group of military lawyers, academics and practitioners, all with experience in international humanitarian law. The book discusses the Study, its methodology and its rules and provides a critical analysis of them. It adds its own contribution to scholarship on the interpretation and application of international humanitarian law.

Sets out in full almost every rule in the study and provides an analysis and commentary
Provides the treaty background to the rules, and thus aids further understanding of international humanitarian law
Discusses modern examples of how the law is applied in today's conflicts

Contents:: Part I. Setting the Scene Theoretical Perspectives on International Law in the ICRC Study:; 1. The methodological framework of the study; Daniel Bethlehem; 2. The approach to customary international law in the study; Iain Scobbie; 3. Other areas of customary law in relation to the study; Françoise Hampson; Part II. Status of Conflict and Combatants The ICRC Study:; 4. Status of conflict; Jelena Pejic; 5. Combatant status; Anthony Rogers; Part III. Commentary on Selected Rules from the ICRC study:; 6. Targeting; Michael Schmitt; 7. Protected persons and objects; Susan C. Breau; 8. Environment; Karen Hulme; 9. Methods of warfare; William J. Fenrick; 10. Weapons of warfare; Steven Haines; 11. Fundamental guarantees; Francoise Hampson; 12. Prisoner of war status; Agnieszka Jachec Neale; 13. Displacement and displaced persons; Ryszard Piotrowicz; 14. Implementation and compliance; David Turns; 15. War crimes; Charles Garraway; Part IV. Conclusions:; 16. Conclusions; Elizabeth Wilmshurst.