Perspectives on the ICRC Study on Customary International Humanitarian Law 1st Edition by Elizabeth Wilmshurst, Susan Breau ISBN 0521882907 9780521882903

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ISBN 10: 0521882907 
ISBN 13: 9780521882903
Author: Elizabeth Wilmshurst, Susan Breau

Perspectives on the ICRC Study on Customary International Humanitarian Law 1st Table of contents:

PART 1 Setting the scene: Theoretical perspectives on international law in the ICRC Study
1 The methodological framework of the Study
1. Introduction
2. The methodological framework
2 The approach to customary international law in the Study
1. Introduction
2. The question of codification
2. The Study’s exposition of the methodology employed
3. Kirgis’ ‘sliding scale’
4. The move towards Nicaragua
5. The normative significance of the practice of States parties to treaties
6. The identification of practice
7. Some concluding observations
3 Other areas of customary law in relation to the Study
1. Introduction
International law and situations of conflict
Customary law and compartmentalisation
a. The compartmentalisation of rules
b. Compartmentalisation of evidence
The coexistence of international humanitarian law and human rights law
a. Whether human rights law is expressly designed to apply in situations of conflict
b. Lex specialis
c. Persistent objection to the applicability of human rights law
d. The use made of human rights law in the Study
PART 2 The status of conflict and combatants: The ICRC Study
4 Status of armed conflicts
1. Introduction
2. Determining the status of armed conflicts
International armed conflict
Non-international armed conflict
Internationalised non-international armed conflict
Reclassification of armed conflicts
The ‘global war on terrorism’
3. Final remarks
5 Combatant status
1. Introduction
2. The development of combatant status
3. Combatant status in the Study
Definitions
Operative rules on combatant status
4. Discussion of the combatant status rules in the Study
5. Practical problems with combatant status and whether they are clarified by the Study
Do members of the regular armed forces54 lose combatant status if they fail to comply with the vario
What is the status of unqualified participants?
Is combatant status lost through failure to comply with the rule of distinction?
Do combatants have to wear uniform to distinguish themselves?
Is unqualified participation by itself a war crime?
Is the nationality of the captured person of significance?
Does it make any di.erence where the activities occur?
May an unqualified combatant be detained without trial?
Does it make a di.erence if it is a non-international armed conflict?
6. Final remarks
PART 3 Commentary on selected Rules from the ICRC Study
6 The law of targeting
1. Introduction
2. The Rules
3. Final remarks
7 Protected persons and objects
1. Introduction
Lieber code
1864 Geneva convention
1899 and 1907 Hague regulations
1949 Geneva conventions
2. The Rules
Medical and religious personnel and objects
Humanitarian relief personnel and objects
Personnel and objects involved in peacekeeping missions
Journalists
Protected zones
Cultural property
Works and installations containing dangerous forces
Other persons afforded specific protection
3. Final remarks
8 Natural environment
1. Introduction
2. The Rules
3. Final remarks
9 Specific methods of warfare
1. Introduction
2. The Rules
Denial of Quarter
Destruction and Seizure of Property
Starvation and Access to Humanitarian Relief
Deception
Communication with the Enemy
3. Final remarks
10 Weapons, means and methods of warfare
1. Introduction
Methodology used in the Study to identify customary law on weapons
2. The Rules
General principles on the use of weapons
Specific weapons, means and methods of warfare: Poison
Specific weapons, means and methods of warfare: Biological weapons
Specific weapons, means and methods of warfare: bullets
Specific weapons, means and methods of warfare: Non-detectable fragments
Specific weapons, means and methods of warfare: Booby traps
Specific weapons, means and methods of warfare: Landmines
Specific weapons, means and methods of warfare: Incendiary weapons
Specific weapons, means and methods of warfare: Blinding laser weapons
3. Final remarks
11 Fundamental guarantees
1. Introduction
2. The Rules
a. General principles
b. Killings
c. Ill-treatment
d. Slavery and forced labour
e. Hostages and human shields
f. ‘Enforced disappearances’
g. Detention
h. Due process guarantees
i. Personal rights
3. Final remarks
12 Status and treatment of prisoners of war and other persons deprived of their liberty
1. Introduction
Treaty development or codification of custom?
Prisoners of War
Other persons deprived of their liberty
2. The Rules
A. Prisoner ofWar status
B. Treatment – Persons deprived of liberty
3. Final remarks
13 Displacement and displaced persons
1. Introduction
Sources used
2. The Rules
3. Final remarks
14 Implementation and compliance
1. Introduction
2. The Rules
Compliance with international humanitarian law
Enforcement of international humanitarian law
Reprisals
State responsibility
3. Final remarks
15 War crimes
1. Introduction
2. The Rules
Individual Responsibility
War Crimes
3. Final remarks
PART 4 Conclusions
16 Conclusions

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