Overview

In 1996, the International Committee of the Red Cross (ICRC), alongside a range of renowned experts and at the request of the international community, embarked upon a major international study into current state practice in international humanitarian law in order to identify customary law in this area. Volume I: Rules and Volume 2: Practice are the result of that study.

Volume 1 is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. Volume 2 contains, for each aspect of international humanitarian law, a summary of the relevant treaty law and relevant state practice including legislation, military manuals, case-law and official statements, and practice of international organisations, conferences and judicial and quasi-judicial bodies.

In the absence of ratifications of important treaties in this area, this is a publication of major importance, which identifies the common core of international humanitarian law binding on all parties to all armed conflicts.

The Authors/Editors

Jean-Marie Henckaerts is a Legal Advisor in the Legal Division of the International Committee of the Red Cross.

Louise Doswald-Beck works for the Institute of International Studies and the University Centre for International Humanitarian Law.

Contents

Part I. The Principle of Distinction:

• 1. Distinction between Civilians and Combatants;
• 2. Distinction between Civilian Objects and Military Objectives;
• 3. Indiscriminate attacks;
• 4. Proportionality in attack;
• 5. Precautions in attack;
• 6. Precautions against the effects of attacks;

Part II. Specifically Protected Persons and Objects:

• 7. Medical and religious personnel and objects;
• 8. Humanitarian relief personnel and objects;
• 9. Personnel and objects Involved in a Peacekeeping Mission;
• 10. Journalists;
• 11. Protected zones;
• 12. Cultural property;
• 13. Works and Installations Containing Dangerous Forces;
• 14. The Natural Environment;

Part III. Specific Methods of Warfare:

• 15. Denial of quarter;
• 16. Destruction and seizure of property;
• 17. Starvation and access to humanitarian relief;
• 18. Deception;
• 19. Communication with the enemy;

Part IV. Weapons:

• 20. General Principles on the use of weapons;
• 21. Poison;
• 22. Nuclear weapons;
• 23. Biological weapons;
• 24. Chemical weapons;
• 25. Expanding bullets;
• 26. Exploding bullets;
• 27. Weapons primarily Injuring by Non-detectable Fragments;
• 28. Booby-traps;
• 29. Landmines;
• 30. Incendiary weapons;
• 31. Blinding laser weapons;

Part V. Treatment of Civilians and Persons Hors de Combat:

• 32. Fundamental guarantees;
• 33. Combatants and prisoner-of-war status;
• 34. The wounded, sick and shipwrecked;
• 35. The dead;
• 36. Missing persons;
• 37. Persons Deprived of Their Liberty;
• 38. Displacement and Displaced Persons;
• 39. Other persons afforded specific protection;

Part VI. Implementation:

• 40. Compliance with International Humanitarian Law;
• 41. Enforcement of International Humanitarian Law;
• 42. Responsibility and Reparation;
• 43. Individual responsibility;
• 44. War crimes.