C. Customary law

(b) Customary international law

Moreover, customary law denies justice to women.

Project to examine indigenous customary law in Morocco

14.1.2 Constraints related to the application of customary law

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.

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

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

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

51 (5)(b), 1977 Add. Protocol Rule 14, ICRC Customary Law Study .

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

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.

The view was expressed that customary law provided for innocent and free passage.

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.

The draft articles on State responsibility reflected international customary law to a large extent and had been used as a model law.

(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.

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.

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.

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.

(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

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.

IV) codified customary international law in that area and, at the same time, contained certain elements of progressive development.

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.

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,

It cannot be denied that significant portions of the Convention now form part of the corpus of customary international law.

The customary law of Dahomey, a legacy from the former colonial Power, dated from the 1930s and had itself evolved.

Affirming that the rules of customary international law continue to govern matters not regulated by the provisions of the present Convention,

The present articles are without prejudice to any obligation incurred by States under relevant treaties or rules of customary international law.

The Committee is also concerned that the rules and the procedures of the Adoption Act are not applicable under customary law.

Some delegations expressed the view, however, that the Commission had departed from customary international law with respect to some draft articles.

In the authors' view, such far reaching statements are better avoided, unless they have a solid basis in customary case law.

There is no set legal age for marriage under customary law, which suggests that early marriages and their consequences are widespread.

It will also provide information on whether States have ratified these provisions or if they are accepted as customary international law.