Sources

I. Treaties

This category of practice includes universal, regional and other treaties. They are presented in chronological order and are indicated by their short names in the text. Their full references can be found in the footnotes and in the list of treaties. Reservations and declarations made by individual States to treaty provisions are included under “Other National Practice”. The status of ratification of the treaties most frequently referred to can be found at http://www.icrc.org/eng/resources/documents/misc/party_main_treaties.htm.

Updates:

  • August 2010: treaties adopted between 1 January 2003 and 31 December 2007.
  • July 2014: treaties adopted between 1 January 2008 and 31 December 2011.

II. Other Instruments

Instruments other than treaties are presented in chronological order. They are indicated by their short names. Their full references can be found in the footnotes and in the list of other instruments. The designation as an “other instrument” was done by the editors based on the context of the document concerned.


Updates:

  • August 2010: other instruments adopted between 1 January 2003 and 31 December 2007.
  • July 2014: other instruments adopted between 1 January 2008 and 31 December 2011.

III. Military Manuals

This category of practice includes all types of instructions to armed and security forces such as manuals, directives and teaching booklets. In the text they are indicated by their short names in English. These short names were selected by the editors for ease of reference but do not represent an official short name. Their full references can be found in the footnotes and in the list of military manuals. For an explanation of how and to what extent military manuals reflect state practice and opinio juris, see the introduction to Part 1 and Customary International Humanitarian Law: A Response to US Comments at p. 483.

Updates:

  • March 2011 - December 2012: practice up to the end of 2007 from 80 countries.
  • August 2013 - July 2014: practice up to the end of 2010 for 44 countries.
  • July 2014: practice up to the end of 2011 for 2 countries, practice up to the end of 2012 for 1 country.
  • November 2014: practice up to the end of 2010 for 3 countries, practice up to the end of 2011 for 1 country, practice up to the end of 2012 for 1 country.
  • June 2016: practice up to the end of 2011 for 4 countries, practice up to the end of 2012 for 1 country.
  • August 2016: practice up to the end of 2012 for 1 country, practice up to the end of 2013 for 2 countries, practice up to the end of 2014 for 2 countries.
  • December 2017: practice up to the end of 2010 for 1 country, practice up to the end of 2013 for 1 country.
  • March 2018: practice up to the end of 2011 for 2 countries, practice up to the end of 2013 for 1 country, practice up to the end of 2014 for 1 country, practice up to the end of 2016 for 1 country.
  • May 2018: practice up to the end of 2011 for 1 country, practice up to the end of 2012 for 2 countries, practice up to the end of 2015 for 1 country.

IV. National Legislation

This category of practice includes constitutional law, pieces of legislation and executive orders. In both the text and the footnotes, legislation is indicated by the short name. The full references can be found in the list of national legislation. Pieces of national legislation referred to or quoted from in pieces of other national practice and not otherwise available to the Project are included in the category “Other National Practice” rather than in the category “National Legislation”.

Updates:

  • March 2011 - December 2012: practice up to the end of 2007 from 80 countries.
  • August 2013 - July 2014: practice up to the end of 2010 for 44 countries.
  • July 2014: practice up to the end of 2011 for 2 countries, practice up to the end of 2012 for 1 country.
  • November 2014: practice up to the end of 2010 for 3 countries, practice up to the end of 2011 for 1 country, practice up to the end of 2012 for 1 country.
  • June 2016: practice up to the end of 2011 for 4 countries, practice up to the end of 2012 for 1 country.
  • August 2016: practice up to the end of 2012 for 1 country, practice up to the end of 2013 for 2 countries, practice up to the end of 2014 for 2 countries.
  • December 2017: practice up to the end of 2010 for 1 country, practice up to the end of 2013 for 1 country.
  • March 2018: practice up to the end of 2011 for 2 countries, practice up to the end of 2013 for 1 country, practice up to the end of 2014 for 1 country, practice up to the end of 2016 for 1 country.
  • May 2018: practice up to the end of 2011 for 1 country, practice up to the end of 2012 for 2 countries, practice up to the end of 2015 for 1 country.

V. National Case-law

National case-law is indicated by the short name in both text and footnotes. The full references can be found in the list of national case-law. Pieces of national case-law referred to or quoted from in pieces of other national practice and not otherwise available to the Project are included in the category “Other National Practice” rather than in the category “National Case-Law”.

Updates:

  • March 2011 - December 2012: practice up to the end of 2007 from 80 countries.
  • August 2013 - July 2014: practice up to the end of 2010 for 44 countries.
  • July 2014: practice up to the end of 2011 for 2 countries, practice up to the end of 2012 for 1 country.
  • November 2014: practice up to the end of 2010 for 3 countries, practice up to the end of 2011 for 1 country, practice up to the end of 2012 for 1 country.
  • June 2016: practice up to the end of 2011 for 4 countries, practice up to the end of 2012 for 1 country.
  • August 2016: practice up to the end of 2012 for 1 country, practice up to the end of 2013 for 2 countries, practice up to the end of 2014 for 2 countries.
  • December 2017: practice up to the end of 2010 for 1 country, practice up to the end of 2013 for 1 country.
  • March 2018: practice up to the end of 2011 for 2 countries, practice up to the end of 2013 for 1 country, practice up to the end of 2014 for 1 country, practice up to the end of 2016 for 1 country.
  • May 2018: practice up to the end of 2011 for 1 country, practice up to the end of 2012 for 2 countries, practice up to the end of 2015 for 1 country.

VI. Other National Practice

This category includes official State practice, other than military manuals, national legislation and national case-law. It includes, for example, government statements in parliament and before the United Nations, official reports, pleadings before the International Court of Justice and reservations and declarations made upon ratification of treaties. When such pieces of practice refer to or quote pieces of national legislation or case law not otherwise available to the Project, these references or quotes are included in the category “Other National Practice” rather than in the category “National Legislation” or "National Case-Law”.
The category "Other National Practice" is organized in alphabetical order by country name and is fully referenced in the footnotes. The full references can also be found in the list of other national practice.

Updates:

  • March 2011 - December 2012: practice up to the end of 2007 from 80 countries.
  • August 2013 - July 2014: practice up to the end of 2010 for 44 countries.
  • July 2014: practice up to the end of 2011 for 2 countries, practice up to the end of 2012 for 1 country.
  • November 2014: practice up to the end of 2010 for 3 countries, practice up to the end of 2011 for 1 country, practice up to the end of 2012 for 1 country.
  • June 2016: practice up to the end of 2011 for 4 countries, practice up to the end of 2012 for 1 country.
  • August 2016: practice up to the end of 2012 for 1 country, practice up to the end of 2013 for 2 countries, practice up to the end of 2014 for 2 countries.
  • December 2017: practice up to the end of 2010 for 1 country, practice up to the end of 2013 for 1 country.
  • March 2018: practice up to the end of 2011 for 2 countries, practice up to the end of 2013 for 1 country, practice up to the end of 2014 for 1 country, practice up to the end of 2016 for 1 country.
  • May 2018: practice up to the end of 2011 for 1 country, practice up to the end of 2012 for 2 countries, practice up to the end of 2015 for 1 country.

VII. United Nations

This category includes resolutions, statements and reports issued by UN organs and bodies, in the following order:

  • (i) Resolutions adopted by the UN Security Council
  • (ii) Statements by the President of the UN Security Council
  • (iii) Resolutions adopted by the UN General Assembly
  • (iv) Resolutions adopted by the Economic and Social Council (ECOSOC)
  • (v) Resolutions adopted by the UN Commission on Human Rights
  • (vi) Resolutions adopted by the UN Human Rights Council
  • (vii) Resolutions adopted by the Sub-Commission on Human Rights
  • (viii) Resolutions adopted by UN specialized organizations and agencies
  • (ix) Statements and reports of the UN Secretary-General, UN Special Rapporteurs, UN special committees and other UN officials and bodies

Documents are presented in chronological order within each category.

Resolutions of the UN Security Council, UN General Assembly, ECOSOC, UN Commission on Human Rights, UN Human Rights Council and UN Sub-Commission on Human Rights are indicated in the footnotes by their number, date and, for most of them, their voting record. Their full title can be found in the corresponding list of resolutions. Other resolutions, reports and statements are fully referenced in the footnotes.

Updates:

  • August 2010: Items (i) through (vi) have been updated up until the end of 2007. Although the database should now include UN resolutions from 1945 until 2007, there are still some gaps, in particular for the years 2000-2003. The missing resolutions will be added as soon as possible.

VIII. Other International Organizations

This category includes resolutions, decisions and reports of regional organizations and other international organizations outside of the United Nations system. They are presented in alphabetical order according to the organization and within each organization in chronological order. Resolutions and decisions are indicated in the footnotes by their number only. Their full references can be found in the corresponding list of resolutions and decisions (the list is still partly under construction and thus currently not exhaustive).

Updates: This category has not yet been updated.

IX. International Conferences

Practice of international conferences is presented in chronological order. Resolutions of the International Conference of the Red Cross and Red Crescent are referenced in the footnotes by their number only. Their full references can be found in the corresponding list of resolutions (the list is still partly under construction and thus currently not exhaustive).

Updates: This category of practice has not yet been updated.

X. International and Mixed Judicial and Quasi-judicial Bodies

This category includes the various types of practice emanating from judicial and quasi-judicial bodies, such as judgments, advisory opinions, views and general comments. This practice is organized per body in the following order:

  • (i) International Military Tribunal (Nuremberg) and International Military Tribunal for the Far East (Tokyo)
  • (ii) International Court of Justice
  • (iii) International Criminal Court
  • (iv) International Criminal Tribunal for Rwanda
  • (v) International Criminal Tribunal for the Former Yugoslavia
  • (vi) Special Court for Sierra Leone
  • (vii) Extraordinary Chambers in the Courts of Cambodia
  • (viii) Human Rights Committee
  • (ix) Committee on the Elimination of Racial Discrimination
  • (x) Committee on the Elimination of Discrimination against Women
  • (xi) Committee against Torture
  • (xii) Committee on the Rights of the Child
  • (xiii) United Nations Compensation Commission
  • (xiv) Regional judicial and quasi-judicial bodies
  • (xv) Arbitral tribunals
  • (xvi) Eritrea-Ethiopia Claims Commission

Cases are referenced in the text and footnotes according to their short names. Their full references can be found in the corresponding list. Other practice in this category is fully referenced in the footnotes.

Updates:

  • August 2010: Items (ii) through (viii) in this category of practice were updated up until the end of 2007. In so doing the editors decided not to include concluding observations of the Human Rights Committee on situations unrelated to armed conflict. The views of the Human Rights Committee, on the other hand, are included where they relate to situations of armed conflict or where they interpret non-derogable rights that would be deemed to be applicable in armed conflict. This assessment was made on a case by case basis.
  • August 2013 and July 2014: Items (ii) through (vii) and item (xvi) were updated up until the end of 2010.
  • August 2016: Items (ii) and (iii) were updated up until the end of 2013.

XI. International Red Cross and Red Crescent Movement

The practice in this category is presented in chronological order. Resolutions of the Council of Delegates of the International Red Cross and Red Crescent Movement are referenced in the footnotes with their number only. Their full references can be found in the corresponding list (the list is still partly under construction and thus currently not exhaustive).

Updates: This category of practice has not yet been updated.

XII. Other

This category includes statements by armed opposition groups, reports by non-governmental organizations, as well as publications from non-governmental sources reporting on State and other practice. The practice in this category is presented in chronological order and is fully referenced in the footnotes. A corresponding table listing the sources contained in this category is under construction.

For an explanation of why the catalogued categories of practice were selected, see the introduction to Part 1.

Updates: This category of practice has not yet been updated.