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38 results

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  • Assessing the authority of the ICRC Customary IHL Study: How does IHL develop?

  • Marko Milanovic, Sandesh Sivakumaran
  • Journal:
    International Review of the Red Cross / Volume 104 / Issue 920-921 / August 2022
    Published online by Cambridge University Press:
    20 October 2022, pp. 1856-1897

  • This article examines the authority of the 2005 International Committee of the Red Cross Study on Customary international humanitarian law within the international legal system by collecting and analysing citations to the Study in documents containing expressions of State positions, in the judgments of international and domestic courts and tribunals and in the outputs of other influential actors. Our analysis establishes that the Study is increasingly seen as a highly authoritative instrument, such that a particular proposition will be found to reflect customary international law simply on the basis that the Study says so. We argue that the Study's authority will likely only increase over time.

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