29. Concepts and sources of the international humanitarian law

Instructions

Learning outcome

After completing this activity, the student should be familiar with different sources of international humanitarian law.

Activity

Read the following paper on the role of the custom in international law: “Identification of custom in International Law", and answer a question related to the case study.

Introduction

To protect human rights and balance them with military needs during the war and times of occupation, the United Nations created customs and international laws known as the International Humanitarian Law. A special focus is on the practice of States regarding the mandatory character of customs in international humanitarian law. States wish to accord the status of customary law only to rules that dispose of absolute application in their practice, at the same time refusing such status to a number of other rules.

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Question 12 pts

Check the decision of ICC in Katanga case and indicate which of the following statements on the custom and IHL resulting from it are correct: