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Individual Right to Claim Damages under Article 3 of Hague Convention IV: Supplementary Expert Opinion, 1999

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Chapter Summary

Article 3 of the Hague Convention (IV) of 1907 Respecting the Laws and Customs of War on Land (Convention) was however a new addition to the treaty text. This means that the provisions of this Article acquired binding force as treaty obligations only with the ratification of the Convention by each State and as from the date of its ratification. It is since long common practice for individuals to bring cases based on rules of international law against foreign governments, whether before their own courts or before those of the foreign State. Thus, the example of the customary rule relating to the treatment of foreigners demonstrates not only that foreigners have rights under international law, but also that they lack the capability to bring their case up from the domestic to the international level: they lack "standing" on that level.

Keywords: Article 3 of Hague Convention IV; customary international law; international law; treaty law



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