Discuss in brief the current sources of IHL.

International Humanitarian Law (IHL), also known as the law of armed conflict, draws from several key sources that establish its rules and principles. These sources provide a framework for protecting individuals and regulating hostilities during armed conflicts. The primary sources of IHL include treaties, customary international law, principles of humanity, jurisprudence, and scholarly writings. Here is a brief overview of these sources:

1. Treaties: Treaties are the most formal and explicit sources of IHL. The cornerstone treaties include:

   • The Geneva Conventions of 1949: These four conventions form the foundation of modern IHL. They protect wounded and sick soldiers on land and at sea, prisoners of war, and civilians during times of war.
   • Additional Protocols to the Geneva Conventions (1977, 2005): These protocols expand protections to victims of international and non-international armed conflicts and enhance the rules governing the conduct of hostilities.
   • Hague Conventions: These focus on the means and methods of warfare, including regulations on the conduct of hostilities, the treatment of prisoners of war, and the protection of civilians and cultural property.

2. Customary International Law: Customary international law comprises practices that states consistently follow out of a sense of legal obligation. It includes rules not codified in treaties but recognized as binding. Customary IHL has been systematically compiled by the International Committee of the Red Cross (ICRC) and covers areas such as the treatment of detainees, the conduct of hostilities, and the protection of civilians.

3. General Principles of Law: These principles are derived from the fundamental concepts of justice and humanity and include notions such as the prohibition of unnecessary suffering and the principle of distinction between combatants and non-combatants. They serve as a supplementary source for interpreting and applying treaty and customary law.

4. Judicial Decisions: International and national courts contribute to the development of IHL through their rulings. Notable examples include decisions by the International Court of Justice (ICJ), the International Criminal Court (ICC), and various ad hoc tribunals like the International Criminal Tribunal for the former Yugoslavia (ICTY). These decisions help clarify and interpret existing laws, filling gaps in the legal framework.

5. Scholarly Writings: Works by legal scholars and experts provide important interpretations and analyses of IHL principles and rules. While not binding, these writings influence the development and understanding of IHL.

6. Soft Law Instruments: While not legally binding, instruments such as the ICRC's guidelines, United Nations resolutions, and codes of conduct (e.g., the Montreux Document on Private Military and Security Companies) contribute to shaping state behavior and practices in armed conflicts.

In conclusion, the sources of IHL form a comprehensive legal framework that governs the conduct of armed conflicts and the protection of individuals affected by them. These sources are interconnected, with treaties providing the foundational rules, customary law filling in gaps, and judicial decisions and scholarly writings offering interpretation and guidance.