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The principles do not in any sense take the place of the rules set forth in the Conventions. It is to these rules that jurists must refer when the detailed application of the Conventions has to be considered.

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International law is an assumption, a foundation, a framework of all relations between nations. Concepts of statehood, national territory, nationality of individuals and associations, ownership of property, rights and duties between nations, responsibility for wrong done and damage inflicted, the fact and the terms of international transactions – all reflect legal principles generally accepted and generally observed. The law provides institutions, machinery, and procedures for maintaining relations, for carrying on trade and other intercourse, for resolving disputes, and for promoting common enterprise. All international relations and all foreign policies depend in particular on a legal instrument – the international agreement – and on a legal principle – that agreements must be carried out. Through peace treaties and their political settlements, that principle has also helped to establish and legitimize existing political order as well as its modifications – the identity, territory, security, and independence of states, the creation or termination of dependent relationships. Military alliances and organizations for collective defense also owe their efficacy to the expectation that the undertakings will be carried out. International law supports the numerous contemporary arrangements for cooperation in the promotion of welfare, their institutions and constitutions. Finally, there is the crux of international order in law prohibiting war and other uses of force between nations. The law works. Although there is no one to determine and adjudge the law with authoritative infallibility, there is wide agreement on the content and meaning of law and agreements, even in a world variously divided. Although there is little that is comparable to executive law enforcement in a domestic society, there are effective forces, internal and external, to induce general compliance. Nations recognize that the observance of law is in their interest and that every violation may also bring particular undesirable consequences. It is the unusual case in which policy-makers believe that the advantages of violation outweigh those of law observance, or where domestic pressures compel a government to violation even against the perceived national interest. The important violations are of political law and agreements, where basic interests of national security or independence are involved, engaging passions, prides, and prejudices, and where rational calculation of cost and advantage is less likely to occur and difficult to make. Yet, as we have seen, the most important principle of law today is commonly observed: nations have not been going to war, unilateral uses of force have been only occasional, brief, limited. Even the uncertain law against intervention, seriously breached in several instances, has undoubtedly deterred intervention in many other instances. Where political law has not deterred action it has often postponed or limited action or determined a choice among alternative actions.

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For all these reasons, particular consideration has to be given in the field of to treaties as a source of customary international law – in particular to the general multilateral conventions codifying the law and the process leading to their preparation and acceptance. Taking an overall view of all practice, it may, for example, be found that a rule set out in the two 1977 Additional Protocols corresponds today to customary law binding on all States and belligerents, either because it codifies (stricto sensu) previously existing general international law,[] because it translates a previously existing practice into a rule, because it combines, interprets or specifies existing principles or rules,[] because it concludes the development of a rule of customary international law or because it was a catalyst for the creation of a rule of customary through subsequent practice and multiple consent of States to be bound by the treaty. It is therefore generally agreed today that most, but clearly not all, of the rules set out in the Additional Protocols formulate parallel rules of customary international law. Whether such customary rules necessarily also apply in non-international armed conflicts is in our view another issue, one which must be decided on the basis of the practice and opinio juris of States (and, some would add, armed groups) in non-international armed conflicts. Even persistent objectors cannot escape from their obligations under jus cogens, i.e. from most obligations under .

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