Twenty years on: the enduring impact of the ICRC customary IHL study and database

Twenty years on: the enduring impact of the ICRC customary IHL study and database

The ICRC’s 2005 study on customary international humanitarian law – along with the free, public database launched five years later – arrived at a moment when the legal landscape of armed conflict was rapidly shifting. Mandated by the 26th International Conference of the Red Cross and Red Crescent, the study set out to map the customary rules governing contemporary warfare by systematically analyzing global state practice and opinio juris. Twenty years on, with more than 130 armed conflicts active worldwide, reassessing the study’s methodological contributions, its evidence base, and its impact on the regulation of both international and non-international armed conflicts offers a timely lens on how customary IHL continues to underpin protections for people affected by war. In this post, ICRC Legal Adviser Claudia Maritano and members of the British Red Cross-ICRC customary IHL research team reflect on how the study’s rigorous methodology, global scope, and identification of 161 customary rules helped clarify gaps left by treaties, especially in non-international armed conflicts, and strengthen the practical application of IHL.

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Episoder(303)

Civilian protection has a dependency-chain problem

Civilian protection has a dependency-chain problem

Civilian protection is often assessed by whether a person has been warned, evacuated, registered, sheltered or reached with relief. For many persons with disabilities, each measure depends on a wider ...

20 Aug 21min

The machines must not choose who dies: a humanitarian case for disarming AI

The machines must not choose who dies: a humanitarian case for disarming AI

As states race to develop autonomous weapons systems, the effort to agree binding international rules on machine decisions over life and death has reached a critical moment. In this post, Eberechukwu...

13 Aug 18min

Memorializing IHL violations in the age of AI: opportunities and risks for transitional justice

Memorializing IHL violations in the age of AI: opportunities and risks for transitional justice

Memorialization, one of the five pillars of transitional justice, plays a vital role in preserving the memory of international humanitarian law (IHL) violations and gross human rights violations, supp...

23 Jul 17min

“A number that learned how not to scream”: the case for community-led metrics on protection

“A number that learned how not to scream”: the case for community-led metrics on protection

The international humanitarian system has built a sophisticated architecture for the protection of civilians, namely political resolutions, cluster coordination mechanisms, reporting frameworks, and a...

7 Jul 15min

Amplifying Pacific voices: the region’s crucial role in advancing IHL

Amplifying Pacific voices: the region’s crucial role in advancing IHL

Pacific Island states have long demonstrated leadership in promoting peace, disarmament, and humanitarian values. From traditional customs that reflect principles contained in contemporary internation...

2 Jul 15min

The shelter that shone in the distance | Written and Performed by Mamuch Bey

The shelter that shone in the distance | Written and Performed by Mamuch Bey

For the world's more than 120 million forcibly displaced people, the idea of refuge is not an abstraction – it is a horizon, an act of imagination, and sometimes the only thing that keeps hope alive. ...

18 Jun 4min

African traditions and the protection of children in armed conflict

African traditions and the protection of children in armed conflict

Across Africa, norms regulating the conduct of hostilities long predate the codification of modern international humanitarian law (IHL). The ICRC Tool on African traditions and the preservation of hum...

16 Jun 12min

We helped individuals while harming persons: what conflict-affected communities deserve beyond beneficiary status

We helped individuals while harming persons: what conflict-affected communities deserve beyond beneficiary status

Conflict and displacement do more than destroy homes, livelihoods, and infrastructure. They also fracture the social relationships through which people sustain dignity, identity, and collective life. ...

11 Jun 14min

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