oa Comparative and International Law Journal of Southern Africa - The future of the law of war: the place of the Additional Protocols of 1977 in customary international law

Volume 14, Issue 1
  • ISSN : 0010-4051



To date there has been no official response by South Africa to the emergence of the Additional Protocols of 1977 in customary international law. South Africa did in fact attend the first session of the Diplomatic Conference, but not the subsequent sessions. It is submitted that it is of some importance to make South Africa's attitude to the Protocols known. It is not inconceivable that in time the Protocols may be established as reflecting customary international law. Should South Africa not wish to be bound it would be a great deal easier to assert its rejection of the Protocols now than to dispute their customary character at some later stage.

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