TY - JOUR

T1 - The effect on national law of the customary international humanitarian law study

AU - Rowe, Peter

PY - 2006

Y1 - 2006

N2 - This article discusses whether the Rules formulated in the Customary International Humanitarian Law Study are automatically a part of national law, particularly in common law States. It argues that even if some or all of them accurately reflect customary international law at the present time, their status is only as potential norms of national law. It concludes that they cannot, by themselves and without more, amount to crimes within national law. The author discusses also the relationship between the Rules at common law and any wholly or partially implemented treaty upon which they are based. He concludes that the Rules, as such, will generally have little practical impact upon national criminal law.

AB - This article discusses whether the Rules formulated in the Customary International Humanitarian Law Study are automatically a part of national law, particularly in common law States. It argues that even if some or all of them accurately reflect customary international law at the present time, their status is only as potential norms of national law. It concludes that they cannot, by themselves and without more, amount to crimes within national law. The author discusses also the relationship between the Rules at common law and any wholly or partially implemented treaty upon which they are based. He concludes that the Rules, as such, will generally have little practical impact upon national criminal law.

U2 - 10.1093/jcsl/krl009

DO - 10.1093/jcsl/krl009

M3 - Journal article

VL - 11

SP - 165

EP - 177

JO - Journal of Conflict and Security Law

JF - Journal of Conflict and Security Law

SN - 1467-7962

IS - 2

ER -