T.

Pizer/ICRC
CUSTOMARY INTERNATIONAL
HUMANITARIAN LAW
In 1995, the 26th International Conference of
the Red Cross and Red Crescent mandated the
“…what makes this study unique is the International Committee of the Red Cross (ICRC)
seriousness and breadth of the method to prepare a report on customary rules of inter-
used to identify practice.” national humanitarian law (IHL) applicable in
In the American Journal of International Law international and non-international armed
conflicts. In 2005, the study on customary IHL
“The Study is beyond doubt impressive conducted by the ICRC was published by
and the first, most wide-ranging word Cambridge University Press, after extensive
on this particular topic…” worldwide research and consultation. It was
In the Leiden Journal of International Law recognized as a landmark document seeking
to identify the core of IHL binding on all parties
“The database is an exceptionally to all types of armed conflict.
well-­structured, easy-to-navigate,
and indispensable research tool
frequently used by international law
practitioners and scholars.”
American Society of International Law –
International Legal Research Interest Group
As new practice in the field of IHL is continually
emerging, the ICRC decided to keep the study’s
practice collection regularly updated. As well as
collecting national practice with the support
of National Societies and its delegations
worldwide, the ICRC teamed up with the British
Red Cross in 2007 to analyse national and inter-
national practice and prepare it for publication.
Since 2010, the full content of the original study
and the practice updates produced in cooper-
ation with the British Red Cross have been freely
accessible on the ICRC’s online customary
IHL database. Laval University’s Clinique de
droit international pénal et humanitaire has
also been contributing to practice updates
since 2014.
Derived from “general practice accepted as law”,
customary IHL can fill gaps in treaty IHL – gaps
that arise, for example, when treaties are not
ratified by a State or do not cover certain issues.
By identifying core rules of customary IHL and
providing access to an extensive collection of
practice, the study and database make it easier
to apply and assess customary IHL, thereby
making an essential contribution to limiting
the suffering caused by armed conflict.
Like the 2005 study, the database is divided
into two main parts. Part One (Rules) sets out
the 161 rules of customary IHL identified in the
study, as found to be applicable in international
or non-international armed conflicts. Part Two
(Practice) presents the complete collection of
practice underlying the study, such as expressed
in military manuals, national legislation, national
case law and other national practice, as well as
international materials, such as judgments of
international courts and tribunals. Part Two is
regularly updated on the online customary
IHL database.
The customary IHL study and database are
widely used by a variety of institutions and
entities, such as national courts, international
and mixed courts, and United Nations bodies.
They are also an important reference for the
work of the ICRC.
The database is easy to navigate and search
using a strong search engine that is also linked
to the ICRC’s other IHL databases. It is therefore
an indispensable resource for everyone inter-
ested in customary IHL, in the application and
interpretation of IHL, and in following develop-
ments in practice related to armed conflict.

To access the database, please go to ihl-databases.icrc.org/customary-ihl

For more information, please go to www.icrc.org

See also www.cambridge.org

The customary IHL study was awarded the Ciardi Prize at the 2006 Congress
4036/002 03.2017 2500

of the International Society for Military Law and the Law of War.

The customary IHL database won the inaugural Jus Gentium Research Award
conferred by the American Society of International Law’s International Legal
Research Interest Group in 2015.