The Hindu : National : Red Cross releases study on customary law

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Wednesday, Dec 14, 2005

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Red Cross releases study on customary law

Staff Correspondent

Contains the rules of International Humanitarian Law

NEW DELHI: Senior bureaucrats, diplomats and legal, academic and military representatives from 23 nations came together in a conference to mark the publication of the results of a decade long study by the International Committee of the Red Cross (ICRC) into "Customary International Humanitarian Law." The conference was organised jointly by ICRC and the Asian African Legal Consultative Organisation (AALCO).

International Humanitarian Law (IHL) is also known as the law of war.

It is a body of rules, which protects persons who are not or are no longer participating in the hostilities. The four Geneva Conventions of 1949 and their two additional protocols of 1977 are the principal instruments of humanitarian law. The ICRC study contains the customary rules of IHL applicable in international and non-international armed conflicts.

Delivering his keynote address, Judge Phillip Kirsch, president of the International Criminal Court, said the study had identified several means of enforcing IHL including focusing on individual liability of perpetrators of violations such as pursuing criminal prosecutions.

A major development

C.G. Weeramantry, former judge of the International Court of Justice, termed the publication as a major development in international law in recent times and a big step towards universalisation of international law.

He said customary practices were at the roots of some major treaties and, hence, customary law could not be subordinate to treaties.

Educate civil population

Urging academics and organisations such as the ICRC to educate the civil population about IHL, Judge Weeramantry said if the general population was aware of the rules of war then it would ensure that the authorities followed the rules.

Jean-Marie Henckaerts, legal adviser to ICRC in Geneva, said in customary law some aspects of humanitarian law such as the protection of civilian property, protection of journalists as well as the missing people in various armed conflicts got more attention than conventional themes such as protection of medical personnel and cultural property.

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