Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
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 -