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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.
This chapter considers the development of international humanitarian law (IHL) by States from the Asia-Pacific region. Following the approach used throughout this volume, the Asia-Pacific region is understood as comprising East Asia, Southeast Asia, South Asia, Australia and New Zealand, Polynesia, Melanesia and Micronesia. The Asia-Pacific region is thus a broad one and there is no single ‘Asia-Pacific contribution’ to IHL. Rather, there are different, numerous, multi-faceted contributions from individual States of the region.