The roots of the revival of customary humanitarian law can be traced back to the Nuremberg trials. Customary law was essential to the Nuremberg tribunals’ ability to convict Nazi war criminals. The tribunals, including the International Military Tribunal, could not rely heavily on treaties because the Soviet Union had not ratified the 1929 Geneva Convention on Prisoners of War and because the application of The Hague Convention No IV was challenged on the ground that the situation of the belligerents did not conform with its si omnes clause, as not all the...
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