Customary international law: A transformative force in the landscape of IHL

Katharine Fortin*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

Abstract

This chapter demonstrates that custom has played a fundamental role in the making and shaping of international humanitarian law ever since the branch of law came into existence. It focuses on the relationship between treaty norms and customary norms today, in terms of the norms themselves and the methodology used to ascertain or interpret them. It reviews customary international humanitarian law's influence on the manner in which customary international law is understood and ends by reflecting on the way in which customary international humanitarian law in this area might develop, considering some of the methodological challenges, puzzles, and dilemmas that it has faced over recent years.

Original languageEnglish
Title of host publicationMaking and Shaping the Law of Armed Conflict
PublisherOxford University Press
Pages37-62
Number of pages26
ISBN (Electronic)9780197775165
ISBN (Print)9780197775134
DOIs
Publication statusPublished - 23 May 2024

Bibliographical note

Publisher Copyright:
© The several contributors 2024. All rights reserved.

Keywords

  • Customary international law
  • International humanitarian law
  • Law-making
  • Treaty law

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