C. Customary law

(b) Customary international law

Human Rights and Customary Law

Moreover, customary law denies justice to women.

ICRC Customary Law Study refers to Jean Marie Henckaerts and Louise Doswald Beck, Customary International Humanitarian Law Vol. 1, Cambridge Univ. Press, 2005.

Project to examine indigenous customary law in Morocco

14.1.2 Constraints related to the application of customary law

If there is conflict between customary law and the Constitution, which law should prevail?

Noting that customary law and case law provided the basis on which courts ruled on the sharing of marital property, she would appreciate the delegation explaining its customary law and indicating any trends in case law.

14.1.1 Customary law Order No. 63 11 of March 1962

35, 1977 Add. Protocol I Rule 45, ICRC Customary Law Study .

35, 1977 Add. Protocol I Rule 70, ICRC Customary Law Study .

Protocol I and Rules 16, 19 21, ICRC Customary Law Study.

It was noted that this clearly reflected existing customary international law and was consistent with case law.

Under the systems of customary law, men are considered superior to women.

Additionally village courts, for example, have been set up to administer customary law and to deal with customary land and minor local disputes.

According to customary mores, women have fewer privileges than before the Family Law.

Parental authority in Zairian Civil and Customary Law. Master's degree thesis, Kinshasa, 1982.

Calls upon States to respect and to ensure respect for relevant international humanitarian law instruments and customary international law

For example, in some regions customary law denies women the right to access land.

Over 90 per cent of women were governed by either customary law or sharia law, both of which permitted polygamy.

51 (4) and (5a), 1977 Add. Protocol I Rules 11 13, ICRC Customary Law Study

Regarding the responsibilities of the couple following marriage, these are also different, both before the Law and under the Customary Law.

Under sharia law and customary law women did not have the same rights as men with regard to divorce or inheritance.

There was, however, a great deal of resistance so that civil law rivaled customary law for much of the late Middle Ages.

Principle considered as constituting international customary law Additional Protocol No. 1 to the Geneva Conventions (art.

(iv) According to the customary law of the deceased for matters relating to inheritance and wills.

Customary law was still applicable by virtue of the Law of England Application Act, but the Constitution took precedence over any other legislation.

In practice, civil rights in the Niger are based essentially on customary law, Islamic law and, to a lesser degree, the Civil Code.

Several of these provisions are found in earlier treaties and most reflect customary law in this area.

There is also the question of the relation of such instruments to the principles of customary law.

The International Court of Justice has stated that the clause itself forms part of customary international law.

This project will work for the next year to examine and document customary laws and their compatibility with national legislation and international law, and promote a national dialogue on the integration of certain aspects of indigenous customary law into the legal system.

Customary law is not rigid in that it is made to fit round the demands of global economy.

In accordance with the customary law, marriage is used as a means to structure reproduction and land possession.

The chiefs argued that customary law give them the right to make a woman return to her husband.

His Lordship stressed that customary law would still provide the basis of determining ownership of land, but the customary rule discriminating against women in land matters would be disregarded (Corrin Care Paterson, 1999).

The new Code had abrogated customary law with immediate effect, and thus none of the earlier customary provisions regarding marriage, the separation of property in marriage, children, and so on, henceforth had any validity.

International practice could contribute to the development of customary law in those areas where the draft articles were not to be considered as general international law.

Reaffirming that the intentional killing of persons entitled to protection as civilians is prohibited by customary international criminal law,

Indeed, some of that legislation dated back almost 150 years and still allowed for the application of customary law.

(c) That the rule contained in a particular treaty be required to possess the status of customary international law.

(iii) In matters pertaining to marriage and divorce or child custody and the situation of the wife in the event of marital break up through divorce or repudiation of one of the spouses, in the event of conflict of customary law, rulings shall be based, according to article 52, on the wife's customary law, if she is a national of the Niger, otherwise, they shall be based on the customary law of the husband

The Committee also recommends that the Convention be incorporated in domestic law and to undertake the necessary steps to bring customary law in conformity with the Convention.

Considering that the jurisdictional immunities of States and their property are generally accepted as a principle of customary international law,