U.S. Initial Reactions to ICRC Study on Customary
International Law

The U.S. Government has released its initial reactions to the ICRC's recent study, entitled Customary International Humanitarian Law.

The comments are contained in a letter dated November 3, 2006, to Jakob Kellenberger, President of the International Committee of the Red Cross, from John B. Bellinger III, Legal Adviser
for the Department of State , and William J. Haynes II, General Counsel for
the Department of Defense.

The letter notes with appreciation the major effort undertaken by the ICRC to analyze state practice and compile a list of proposed rules on the customary law of armed conflict. The letter critiques the methodological approach of the ICRC Study; examines a few of the proposed rules in light of limitations in the approach; expresses doubt about whether the authors have proffered sufficient facts and evidence to support those rules; and concludes that it is not in a position to accept without further analysis the Study’s conclusions that particular rules related to the laws and customs of war in fact reflect customary international law. The letter expresses the hope that its critique will initiate a constructive and in-depth dialogue with the ICRC and others on the subject.

Full text of the letter