The contribution of custom in confronting the new challenges of international humanitarian law

Abstract EN

This research paper deals with the role of custom in overcoming some of the problems raised by contemporary conflicts.

The study aims to demonstrate the importance of custom as a source to face challenges that reduce protecting humanity.

Also, it aims to clarify the cases in which this source is used to support protecting the victims of armed conflicts.

The study found that customary rules paves the way to overcome the problem of states' lack of ratification on the rules of the convention law of humanitarian law, as well as to overcome the inadequate regulation of law for non-international conflicts, or also restricting the use of some new weapons even if specific rules of written law are not for them.