Written law, and within that category, treaty law,2 has traditionally been, and remains today, a particularly important source of the law of armed conflict or international humanitarian law (IHL).3 There are several reasons for this preeminence. First, questions of warfare are relatively detailed and technical matters. Apart from a body of broad principles and flexible general rules adaptable to the ever-changing circumstances of armed conflict, this area of the law is prescribed in a set of detailed rules of an ‘administrative’ rather than ‘constitutional’ legal...
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