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11 - LONIAC Customary International Law

Published online by Cambridge University Press:  04 March 2021

Yoram Dinstein
Affiliation:
Tel-Aviv University
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Summary

Customary LONIAC has begun to develop only in the aftermath of the adoption of the Geneva Conventions in 1949, but – since the Nicaragua Judgment of 1986 – Common Article 3 has been universally recognized as a true reflection of customary international law (see supra 31). That being the case, there is no need to dwell in the present chapter on the standing of the various norms enshrined in Common Article 3. It must be taken for granted that each and every one of them is imbued with customary nature. We shall therefore commence our examination of LONIAC norms that have acquired customary status by looking at the supplementary provisions of AP/II (see infra 765 et seq.).

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Publisher: Cambridge University Press
Print publication year: 2021

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