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21 Sri Lanka J. Int'l L. 55 (2009)
The Continuing Relevance of Customary International Law in the Development of International Humanitarian Law

handle is hein.journals/sljinl21 and id is 329 raw text is: (2009) 21 (No.2) Sri Lanka JlL 55 THE CONTINUING RELEVANCE OF CUSTOMARY INTERNATIONAL LAW IN THE DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW Nirmala Chandrahasan * ABSTRACT At present, treaties have taken over the primacy qfcustom as a source of international Law. This article examines the continuing relevance of customary law in the development qf international law focusing on international humanitarian law. Part I of the article sets out how rules of customary international law evolve. Part 11 examines the interaction between customary law and treaty law and Part III looks at the role of international courts and international tribunals in the formation ofcustomary law. This paper concludes that while customary international law continues to be qf relevance in the development qf international humanitarian law, it has played a significant role in the development of the international humanitarian law applicable in internal armed conflict and has filled an important gap in the regulation ofsuch armed conflicts. Characterizing an armed conflict as international has less significance today due to the fact that many rules of customary international law apply equally in both types of conflict. Customary law has been the primary source of International law and has supplied the framework and much of the content of international law. In the modern international law, treaty law plays an important role and much of the customary law has now come to be codified in treaties and multi lateral conventions. Today treaties cover all aspects of international law in such diverse fields to name but a few, as nuclear proliferation, international trade, diplomatic and consular immunities, the sea, outer space, regional and bilateral relationships, and the laws of war or * LL.B (Ceylon), LL.M (Cambridge), Ph.D (Colombo), Attorney-at-Law. 55

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