![]() ![]() To prove that a certain rule is customary one has to show that it is reflected in state practice and that there exists a conviction in the international community that such practice is required as a matter of law. What is customary international law? Unlike treaty law, customary international law is not written. Therefore the idea arose to look into the other source of international law, namely customary international law which has the additional advantage that it binds all states as such. Additional treaty law could not easily fill this gap because it would be extremely difficult and time-consuming to have states adopt a new treaty on non-international conflicts which would still need states'ratification to enter into force. For example, it is virtually silent on questions related to the conduct of hostilities. While common article 3 is extremely useful, it is far from complete. In fact, in situations not covered by Additional Protocol II, there is only one article covering non-international conflicts, namely common article 3. However, there are few treaty rules regulating non-international conflicts. In the area of international humanitarian law, treaty law is well developed in general. Why this study? Treaty law and customary international law are the main sources of international law. The ICRC accepted this invitation, a Steering Committee to guide the study was set up in 1996 and research started in earnest in 1997. In December 1995 the 26th International Conference of the Red Cross and Red Crescent invited the ICRC to prepare a report on customary rules of international humanitarian law applicable in international and non-international armed conflicts. See below the table of contents of the ICRC study. ![]()
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