Discuss in brief the current sources of IHL.

International Humanitarian Law (IHL), also known as the law of armed conflict or the law of war, draws its sources from a combination of treaties, customary international law, general principles of law, and other relevant sources. These sources collectively provide the legal framework for regulating the conduct of armed conflict and protecting individuals who are not or are no longer participating in hostilities. The current sources of IHL can be summarized as follows:

1. Treaties and Conventions: Treaties are the primary source of IHL and consist of agreements negotiated and ratified by states. Key treaties include the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005, which establish the fundamental principles and rules governing the protection of victims of armed conflict, including civilians, prisoners of war, and other protected persons. Other treaties, such as the Convention on Certain Conventional Weapons (CCW) and its protocols, address specific weapons and methods of warfare.

2. Customary International Law: Customary international law refers to the general practice of states accepted as law and binding on all states. Customary rules of IHL have evolved over time through state practice and opinio juris (the belief that a certain practice is legally required). Examples of customary rules include the prohibition of targeting civilians, the principle of distinction between combatants and civilians, and the obligation to provide medical care to the wounded and sick.

3. General Principles of Law: General principles of law, derived from common legal traditions and principles shared by states, also contribute to the development and interpretation of IHL. These principles, such as the principles of humanity, proportionality, and necessity, serve as guiding principles for the application of specific rules and norms in armed conflict situations.

4. Judicial Decisions and Legal Scholarship: Judicial decisions by international and national courts, as well as legal scholarship by experts and academics, also inform the interpretation and application of IHL. Decisions from international tribunals, such as the International Criminal Court (ICC) and the International Court of Justice (ICJ), play a significant role in clarifying and developing the legal principles of IHL.

5. Resolutions and Declarations: Resolutions and declarations adopted by international organizations, such as the United Nations Security Council (UNSC) and the International Committee of the Red Cross (ICRC), contribute to the development and implementation of IHL. These instruments may address specific situations of armed conflict, humanitarian crises, or emerging challenges in the field of international humanitarian law.

In summary, the current sources of International Humanitarian Law encompass a diverse range of legal instruments, including treaties, customary international law, general principles of law, judicial decisions, and resolutions. These sources collectively form the legal framework for regulating the conduct of armed conflict and protecting individuals affected by armed conflicts.