The Legal Fiction of the Two-Element Approach: The Role of International Organizations in Customary IHL Identification

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Magda Pacholska is a Marie Curie Postdoctoral Fellow at the Asser Institute (The Hague), University of Amsterdam, and a member of the interdisciplinary team of the DILEMA project on Designing International Law and Ethics into Military Artificial Intelligence.

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The Legal Fiction of the Two-Element Approach: The Role of International Organizations in Customary IHL Identification

August 30, 2023

Magda Pacholska

The following post is part of a symposium based on a conference panel that discussed issues of customary law of armed conflict, at the 4th Israel Defense Forces (IDF) Military Advocate General (MAG) Conference on the Law of Armed Conflict, held in Herzliya, Israel, during May 8-10, 2023. The post is based on the author’s presentation in the…