International Law Outline


ICRC Customary International Humanitarian Law



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ICRC Customary International Humanitarian Law publication (Co-Author discussing customary law at Packet I, p. 11-13)

  • 1977 – Protocols to Geneva Convention in reaction to Vietnam War, new wars

    1. Protocol I – international armed conflicts

      1. Includes national liberation struggles in the name of SD as int’l armed conflicts

      2. Protocol Additional to the Geneva Conventions of 1949, and Relating to the Protection of Victims of International Armed Conflict (PROTOCOL I) – 1977 (561-63)

        1. Distinguish between civilian and military

        2. Civilian population CAN NOT be subject to attack

          1. What about indiscriminate attacks? – forbidden.

          2. Article 51, Section 5(b) – proportionality principle – too many civilians, too excessive in relation to concrete and direct military advantage anticipated.

          3. STATES TAKE THIS INTO ACCOUNT. Legal & popular opinion in these situations considered.

            1. NEITHER US nor Israel has signed this, but have considered – assume CUSTOMARY LAW.

            2. US – didn’t kill Mullah Muhammed Omar

        3. Can’t use shielding/hostages

    2. Protocol II internal armed conflicts

  • Qana Incident

    1. 1996 – Israel shelled UN compound in Qana (southern Lebanon)

      1. Unclear whether it was mistake (as claimed by Israel) or not an accident (Van Kappen’s report)


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