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Perspectives on the ICRC Study on Customary International Humanitarian Law

Edited by: Elizabeth Wilmshurst, Susan Breay

ISBN13: 9780521882903
Published: October 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £103.00
Paperback edition , ISBN13 9781107402386

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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

Public International Law
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.