![]() ![]() This is set forth, for example, in the Statute of the International Court of Justice. States recognize that treaties and customary international law are sources of international law and, as such, are binding. Why is customary international law binding? This characteristic sets practices required by law apart from practices followed as a matter of policy, for example. The requirement that this practice be "accepted as law" is often referred to as "opinio juris". Such practice can be found in official accounts of military operations but is also reflected in a variety of other official documents, including military manuals, national legislation and case law. Treaties bind only those States which have expressed their consent to be bound by them, usually through ratification.Ĭustomary international law, on the other hand, derives from "a general practice accepted as law". Treaties, such as the four Geneva Conventions of 1949, are written conventions in which States formally establish certain rules. ![]() Both treaty law and customary international law are sources of international law.
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