Cambridge University Press, Cambridge, pp 31–33 Cambridge University Press, Cambridge, pp 72–85ĭinstein Y (2016) The Conduct of Hostilities under the Law of International Armed Conflict, 3rd edn. In: Larsen KM, Guildhall Cooper C, Nystuen G (eds) Searching for a ‘Principle of Humanity’ in International Humanitarian Law. Tilburg Law Review 18: 3, 7ĭinstein Y (2013) The Principle of Proportionality. Nomos Verlagsgesellschaft, Baden-Baden, pp 387–402ĭinstein Y (2012) Direct Participation in Hostilities. In: Fischer-Lescano A et al (eds) Peace in Liberty, 1st edn. Martinus Nijhoff, Leiden, pp 243, 331–337ĭinstein Y (2008) Comments on the UK Manual of the Law of Armed Conflict. International Legal Materials 46: 511–531ĭinstein Y (2006) The Interaction between Customary International Law and Treaties. Jakob Kellenberger, President, International Committee of the Red Cross, Regarding Customary International Law Study.
Joint Letter From John Bellinger III, Legal Adviser, U.S. Keywordsīellinger J III, Haynes II WJ (2007) U.S. As far as format is concerned, LOAC manuals are commonly comprised of black-letter rules (adopted by consensus) accompanied by explanatory commentaries (framed by smaller drafting committees).
Yet, since the lex lata does not remain frozen in time, manuals must be updated after lapse of time.
The manuals have demonstrated their fundamental value in the practice of States, being constantly cited in official publications and actually steering military training. Either way, the texts produced must be framed in close consultation with Governments (the ultimate end-users).
Drafting is done by international groups of experts in their private capacity, convened by international institutes or prodded by Governments. The principal purpose is to articulate existing customary international law, but obviously treaty law has to be woven in and assessed as either innovative (hence binding only on Contracting Parties) or declaratory of general custom. Their rationale is guiding both practitioners and legal advisers in areas where the law is not self-evident. These manuals consist of informal non-binding codifications of the lex lata regulating the conduct of hostilities in chosen fields such as sea or air warfare. This is an analytical study of several LOAC manuals in which the author was personally associated in the past quarter of a century.
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