Asia-Pacific States and the Development of International Humanitarian Law

27 Pages Posted: 9 Sep 2018

Date Written: August 28, 2018

Abstract

This chapter considers the development of international humanitarian law by states from the Asia-Pacific region. It explores the contribution of individual states from the region to the drafting of the 1949 Geneva Conventions and the 1977 Additional Protocols. It examines the extent to which state practice and opinio juris from states from the region are used in the formation of customary international humanitarian law rules, using as case studies the ICRC Customary International Humanitarian Law study and jurisprudence of the ICTY. The role of national judicial decisions from the region is analysed. The chapter then turns to the use of materials from Asia-Pacific states in leading teachings of publicists, such as the ICRC Commentaries on the Geneva Conventions and Additional Protocols and the work of expert groups.

Keywords: International Humanitarian Law, Law of Armed Conflict, Asia-Pacific, Geneva Conventions, Sources, Treaties, Customary International Law, Judicial Decisions

Suggested Citation

Sivakumaran, Sandesh, Asia-Pacific States and the Development of International Humanitarian Law (August 28, 2018). Available at SSRN: https://ssrn.com/abstract=3240050 or http://dx.doi.org/10.2139/ssrn.3240050

Sandesh Sivakumaran (Contact Author)

University of Nottingham ( email )

University Park
Nottingham, NG8 1BB
United Kingdom

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