Revisiting Customary Humanitarian Law: The ICRC’s Study at 20
The Institute for International Peace and Security Law (Universität zu Köln) and the Institute for International Law of Peace and Armed Conflict (Ruhr-Universität Bochum) are hosting a workshop for young researchers, scheduled to take place in Bochum in July or September 2025. This call for abstracts invites early career scholars (all postgraduate students and postdocs up to 5 years after completion of their PhD) to explore customary international humanitarian law in light of the ICRC’s 2005 study on this subject. We aim to gather unique perspectives from an international audience and to publish the contributions presented over the course of the workshop in a special volume of the Cologne Studies of International Peace and Security Law. On the twentieth anniversary of the ICRC’s Study, we hope to reinvigorate the conversation about this influential body of research.
Customary international law is one of the main sources of public international law and recognized to bind all States. As enshrined in Article 38 (1) (b) of the Statute of the International Court of Justice, custom manifests in “a general practice accepted as law”. Yet, the identification of customary international law is not only theoretically controversial, it is also notoriously difficult to detect specific rules that have achieved customary status in practice.
Custom is of particular relevance for international humanitarian law. Since some of the key treaties comprising the law of armed conflict have not (yet) been ratified universally, in many instances the binding rules regulating conduct in war are overwhelmingly derived from customary standards. However, it is precisely in this field that custom could prove especially controversial, both because of the realities of armed conflict, and considering the different interpretive communities that engage with IHL and their different emphasis.
Military commanders, international bodies, and members of civil society therefore stand to benefit immensely from a clear articulation of the rules of IHL which have attained customary status. Hence, when the ICRC published its Study of Customary International Humanitarian Law in 2005 with 161 distinct rules, it attracted significant attention. Though it quickly became an authoritative source to turn to for evidence of custom, the Study remains controversial, both in terms of its contents and its methods. It may not be without shortcomings or potential for improvement, expansion, refinement or interpretation. As is stated on the ICRC’s website itself: “While comprehensive, the study does not purport to be an exhaustive assessment of customary IHL.”
This call for papers invites young scholars to explore various aspects of the Study, whether they pertain to its past, present, or its future. Thematically, we invite participants to deal with aspects relating but not limited to
- the methodology, background, history, and influence of the study and/or the rules (in general or of specific rules);
- international perspectives on the study and/or the rules;
- the future influence and expansion of the study and/or the rules;
- critical assessments of the study and/or the rules, whether in theoretical, doctrinal, or normative terms.
The workshop will include multiple panels on overarching topics, each to be led by a senior researcher in the field. Those senior academics will provide feedback on paper drafts and presentations.
Abstracts no longer than 500 words are to be submitted by November 30, 2024 via email to young.researchers2025
gmail.com. Please indicate your availability in July/September 2025. The final contribution shall not exceed 60.000 characters.
Key Dates
The abstract submission deadline is on November 30, 2024.
The review outcomes on acceptance or rejection of the abstracts and the final date of the workshop (either July or September 2025) will be communicated by January 15, 2025.
The full chapter submissions are due 6 weeks before the workshop.