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International Criminal Law, Humanitarian Law, and Human Rights Research Guide

A Research Guide for the Students in the International Human Rights Clinic.

Customary International Law

Customary international law consists of rules derived from the consistent conduct of States acting out of the belief that the law is required to act that way. State practice is the key to understanding this type of law.  

The sources below give some background information and advice about how to locate and identify custom and state practice as sources of international law.

International Committee for the Red Cross, Customary IHL Database

This database of customary international humanitarian law is divided up into two parts. The two parts include the following:

1) a section on customary rules that may be applicable in international and non-international armed conflict, and

2) a section on practice by states as well as information on international organizations, conferences, and judicial and quasi-judicial bodies.

International Committee for the Red Cross, National Implementation Database

This database provides documentation and brief commentaries concerning the implementation of international humanitarian law (IHL) at the national level. The database includes the texts of legal measures adopted by States. Such measures may take a variety of forms, including constitutional provisions, specific laws (e.g. Geneva Conventions Acts), parts of more general laws (e.g. criminal codes), regulations and decrees. Relevant decisions of national courts are also included when available.

Researching Customary International Law, State Practice and the Pronouncements of States

NYU's Globalex, including this research guide, is another useful source for finding resources on customary international law.  

Sources of State Practice in International Law

Yearbooks of International Law

Yearbooks can be valuable sources for identifying state practice. HeinOnline’s Foreign & International Law Resources Database has a good selection of these for various countries and regions.

Restatement of the Law (Third), the Foreign Relations of the United States

This Restatement of the Law (Third), the Foreign Relations of the United States (Law Library KF395.A2 F6 1986) discusses how the United States interprets international law.  It is sometimes cited for international law principles including customary law.  It can also be found on Lexis and Westlaw.  

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