What is IHL in ICRC?

Table of Contents

International humanitarian law is a set of rules that seek to limit the effects of armed conflict. It protects people who are not or are no longer participating in hostilities and restricts the means and methods of warfare.

How do you cite a customary IHL?

Citation: References to this database should be cited as ICRC, Customary IHL Database, followed by the URL of the document and the date last accessed.

Is IHL customary?

Customary international law consists of rules that come from “a general practice accepted as law” and exist independent of treaty law. Customary IHL is of crucial importance in today’s armed conflicts because it fills gaps left by treaty law and so strengthens the protection offered to victims.

What is the IHL database?

This database is an online version of the ICRC’s study on customary international humanitarian law (IHL), originally published by Cambridge University Press in 2005. The 2005 study consists of two volumes: volume I (rules) and volume II (practice).

What does IHL stand for?

International humanitarian law is also known as the law of war or the law of armed conflict. International humanitarian law is part of international law, which is the body of rules governing relations between States.

Who implements IHL?

Many States have created a group of experts – often known as the national committee or commission on IHL – to facilitate implementation of IHL and coordinate activities in this area. At their request, the International Committee of the Red Cross, through its Advisory Service on IHL, provides advice and assists States.

What do the Geneva Conventions say?

It specifically prohibits murder, mutilation, torture, the taking of hostages, unfair trial, and cruel, humiliating and degrading treatment. It requires that the wounded, sick and shipwrecked be collected and cared for. It grants the ICRC the right to offer its services to the parties to the conflict.

Is customary international law binding?

Customary law creates universally binding rules. According to the persistent objector doctrine, states have an opportunity to gain an exemption from emerging norms of customary law by opposing an emerging practice before it solidifies into a binding rule of custom.

Is customary international law still relevant?

Customary international law is universal in its reach. ‘ It is not subject to control by a few actors in the international legal process,2 and it binds all participants in international and non-international armed conflicts to the extent that it is applicable to such conflicts. ‘

What are examples of customary international law?

Customary international law results from a general and consistent practice of states that they follow from a sense of legal obligation. Two examples of customary international laws are the doctrine of non-refoulement and the granting of immunity for visiting heads of state.

Which types of armed conflict does IHL recognize?

International humanitarian law distinguishes two types of armed conflicts, namely:

international armed conflicts, opposing two or more States, and.
non-international armed conflicts, between governmental forces and non-governmental armed groups, or between such groups only.

What are the 4 principles of IHL?

The core fundamental principles of IHL are:

The distinction between civilians and combatants.
The prohibition to attack those hors de combat (i.e. those not directly engaged in hostilities).
The prohibition to inflict unnecessary suffering.
The principle of necessity.
The principle of proportionality.

Who enforces IHL?

When violations of IHL occur, States are under an obligation to prosecute alleged offenders. Domestic courts therefore play an important role in the enforcement of IHL and limiting impunity. In addition to national jurisdictions, violations of IHL can also be prosecuted by various international criminal tribunals.

How is IHL enforced?

How is IHL implemented?

What are the two elements of customary international law?

The two essential elements of customary international law are state practice and opinio juris, as confirmed by the International Court of Justice in the Legality of the Threat or Use of Nuclear Weapons.

Who decides customary international law?

19 Customary international law depends upon the consent of nation states, which can be either explicit or implicit.

What is the ICRC’s IHL Database?

What is the Customary IHL Database?

Welcome to the Customary IHL Database This database is an online version of the ICRC’s study on customary international humanitarian law (IHL), originally published by Cambridge University Press in 2005. The 2005 study consists of two volumes: volume I (rules) and volume II (practice).

What is customary international law (IHL)?

Where can I find the ICRC study on customary international humanitarian law?

This is the updated version of the Study on customary international humanitarian law conducted by the International Committee of the Red Cross (ICRC) and originally published by Cambridge University Press. For more information on the Study, please see the “Customary law” section on the ICRC website.