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Growth of expertise as a result of treaty-making

Published online by Cambridge University Press:  13 January 2010

Dieter Fleck
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Extract

The 1977 Protocols additional to the Geneva Conventions of 12 August 1949, adopted after a complex process of preparatory work and negotiations in various fora, have not been formally applicable in many armed conflicts. Yet it would not be appropriate to say that they have not stood the test of reality. One of the most important effects of these instruments on State practice has been to generate a large number of experts on the subject in all regions of the world, sharing knowledge on the interpretation of relevant rules and facing the challenge of their implementation.

Type
20th anniversary of the 1977 Additional Protocols
Information
International Review of the Red Cross (1961 - 1997) , Volume 37 , Special Issue 320: 20th anniversary of the 1977 Additional Protocols , October 1997 , pp. 520 - 523
Copyright
Copyright © International Committee of the Red Cross 1997

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References

1 Bothe, M., Macalister-Smith, P., Kurzidem, T. (eds), National implementation of international humanitarian law, Martinus Nijhoff Publishers, Dordrecht/Boston/London, 1990.Google Scholar

2 United States Department of Defense, DoD Directive 5100.77, DoD Law of War Program, 10 07 1979 Google Scholar, para. E-1; see also The Commander's Handbook on the Law of Naval Operations (NWP9/FMFM 1–10), chapter 5.

3 Ministry of Defence of the Federal Republic of Germany, Humanitarian Law in Armed Conflicts: Manual, Bonn, 1992, Section 211.Google Scholar

4 International Institute of Humanitarian Law, “Declaration on the rules of international humanitarian law governing the conduct of hostilities in non-international armed conflicts”, IRRC, No. 278, 09–10 1990, pp. 404–408.Google Scholar

5 German Manual, op. cit. (note 3).

6 Fleck, D. (ed), The Handbook of Humanitarian Law in Armed Conflicts, Oxford University Press, 1995 Google Scholar, reviewed in IRRC, No. 309, 11–12 1995, pp. 679–683.Google Scholar

7 United States Department of Defense, Conduct of the Persian Gulf War: Final Report to Congress, Washington, 1992 Google Scholar. See also Green, L.C., The contemporary law of armed conflict, Manchester and New York, 1993, p. xv Google Scholar, which is based on the same premise.