Strengths and weaknesses of customs and treaties as sources of international humanitarian law

Mahanta, Abhisikta and R, Abhijit (2023) Strengths and weaknesses of customs and treaties as sources of international humanitarian law. Punjab University Law Magazine - MAGLAW, 2 (1). ISSN 2582-3507

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Abstract

This research article aims in critically analyzing the strengths and weaknesses of customs and treaties as a source of law in the field of International Humanitarian Law. It deals with the meaning, types brief history, strengths and weaknesses of having customs and treaties as a source of International Humanitarian Law along with some examples as to how International Law has been implemented. Based on the timeline so far, we can observe that certain customs and traditions by itself are not morally correct and must be avoided. In India itself, we have witnessed certain customs such as sati and so on, which later on has been abolished. Hence, there are evidences wherein custom fails to render justice. However, despite this, it is important to know that International Humanitarian Law has played a vital role in not only protecting civilians, but also possibly stopping World War III and using Nuclear weapons through diplomatic communications and treaties. Therefore, there are both pros and cons in taking customs and treaties as sources of International Humanitarian Law and we must appreciate its growth

Item Type: Article
Keywords: Custom | Treaty | International Humanitarian Law
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 26 Dec 2023 06:56
Last Modified: 26 Dec 2023 06:56
Official URL: https://maglaw.puchd.ac.in/index.php/maglaw/articl...
URI: https://pure.jgu.edu.in/id/eprint/7112

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