Human rights and humanitarian norms as customary law

Abstract

Part 1 Humanitarian instruments as customary law: the importance of a norm's customary character reservations to humanitarian and human rights instruments and customary law - the Nicaragua judgement, the antecedents to Nicaragua, Geneva conventions - assessing practice, opinio juris and violations additional protocols of 1977. Part 2 Human rights instruments and customary law: the quest for universality the international court of justice and customary human rights customary human rights in selected national courts. Part 3 Responsibility of states for violations of human rights and humanitarian rights: mapping recourse options imputability, acts of state, private acts exhaustion of local remedies obligations of means and obligations of result obligations erga omnes judicial remedies - is damage a condition for state responsibility? violations as international crimes and as international delicts state of necessity and derogations responsibility for violations of international humanitarian law - special problems the relationship between remedies in human rights treaties and other remedies countermeasures and non-judicial remedies.