Chapter

Humanitarian Instruments as Customary Law

Theodor Meron

in Human Rights and Humanitarian Norms as Customary Law

Published in print August 1991 | ISBN: 9780198257455
Published online March 2012 | e-ISBN: 9780191681769 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198257455.003.0002

Series: Clarendon Paperbacks

Humanitarian Instruments as Customary Law

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This chapter considers the important aspects of the question of reservations to humanitarian and human rights instruments and then considers certain aspects of the Nicaragua Judgment that implicate humanitarian law. Although humanitarian considerations are a major factor behind the law of armed conflict, other factors such as economic advantage also play a role in creating a counterforce to military necessity. The chapter focuses primarily on those humanitarian law rules which concern the protection of victims of armed conflict, rather than those that regulate combat. It also discusses the process through which customary law can develop alongside conventional law, with reference to the Geneva Conventions. Finally, the customary law character of the Additional Protocols is addressed.

Keywords: customary law; human rights; humanitarian law; Nicaragua Judgment; armed conflict; Geneva Conventions

Chapter.  34102 words. 

Subjects: Public International Law

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