The Geneva Conventions as Customary Law
Bibliographic Data
| ID | 9560845 |
|---|---|
| Authors | Theodor Meron (corresponding author) |
| Year | 1987 |
| Volume | 81 |
| Issue | 2 |
| Pages | 348-370 |
| Publication date | 1987-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2202407 |
| OpenAlex | W2317282291 |
| Language | EN |
| Citations received | 17 |
| References cited | 12 |
At first glance, the question of the customary character of the Geneva Conventions of August 12, 1949 for the Protection of Victims of War might appear academic. After all, the question arises infrequently in view of the universal acceptance of the Conventions as treaties (they are binding on even more states than the Charter of the United Nations). That the matter may have practical importance, however, was recently brought home by its consideration by the International Court of Justice (ICJ) in the merits phase of Military and Paramilitary Activities in and against Nicaragua . Moreover, in numerous countries where customary law is treated as the law of the land but an act of the legislature is required to transform treaties into internal law, the question assumes importance if no such law has been enacted. Failure to enact the necessary legislation cannot affect the international obligations of these countries to implement the Geneva Conventions; but invoking a certain norm as customary rather than conventional in such situations may be crucial for ensuring protection of the individuals concerned
Charter · Customary international law · Geneva Conventions · International court · International humanitarian law · International law · Legislature · Norm (philosophy · Political science · Politics · Public international law · United Nations Charter · International Law and Human Rights · Law
Privatizing War
The ‘War on Terror' and the Framework of International Law
Reducing Genocide to Law
The ethics of state consent to international law
Custom in international humanitarian law
States' entitlement to take action to enforce international humanitarian law
The protection of foreign workers and volunteers in situations of internal conflict, with special reference to the taking of hostages
The Contribution of the International Court of Justice to International Humanitarian Law
The Law of Self-Defence and the New Argumentative Landscape on the Expansionists’ Side
Winning by the rules
Famine Crimes in International Law
Revival of Customary Humanitarian Law
Humanitarian Law, Human Rights Law and the Bifurcation of Armed Conflict
Methods for the Identification of Customary International Law in the International Court of Justice's Jurisprudence
I. The Iraqi Special Tribunal for Crimes Against Humanity
Precedent, Compliance, and Change in Customary International Law
The West Bank and International Humanitarian Law on the Eve of the Fiftieth Anniversary of the Six-Day War
Principles of public international law
Reservations to the Geneva Conventions of 1949
International Humanitarian Law and Internationalized Internal Armed Conflicts
Reservations to the Geneva Conventions of 1949 II
The Meaning and Reach of the International Convention on the Elimination of All Forms of Racial Discrimination
On a Hierarchy of International Human Rights
Some Observations on the ICJ’s Procedural and Substantive Innovations
Applicability of Multilateral Conventions to Occupied Territories
The Power of the Executive Branch of the United States Government to Violate Customary International Law
On the Inadequate Reach of Humanitarian and Human Rights Law and the Need for a New Instrument
Towards a Humanitarian Declaration on Internal Strife
| Unique citing works | 17 |
|---|---|
| Citations per year | 0,46 |
| Citation span | 1989 - 2025 (37) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 17 |