![]() 4 The Strategy added that “strengthening bilateral and multilateral cooperation cannot be accomplished simply by working inside formal institutions and frameworks”. ![]() In 2010, US president Barack Obama highlighted in his National Security Strategy that “e need to spur and harness a new diversity of instruments, alliances, and institutions in which a division of labor emerges on the basis of effectiveness, competency, and long-term reliability”. 3 Therefore, the question arises as to whether sticking to the traditional sources mentioned in Article 38(1) of the Statute of the International Court of Justice (ICJ) is the only way forward to meaningfully develop IHL. 1 At the same time, however, it is well known that the “hard law” regulating today's armed conflicts, especially concerning non-international armed conflicts (over 95% armed conflicts nowadays), 2 is outdated and inadequate in many respects. According to Kessing, this is due to the fact that many States regularly involved in, or affected by, armed conflicts have not ratified any of the Additional Protocols to the four Geneva Conventions of 1949, making other States and the International Committee of the Red Cross (ICRC) hesitant to initiate diplomatic processes for the development of new rules of IHL. Over the last two decades, international humanitarian law (IHL) has witnessed an increasing reluctance on the part of States to adopt or amend treaties, recognize customary international rules or even become formally involved in the further development of IHL.
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