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supported ICC efforts in certain cases. 288 The Department of State Legal Adviser has noted thatU.S. policy is explicitly not to frustrate the object and purpose of the Rome Statute. 28919.24 1999 U.N. SECRETARY GENERAL’S BULLETIN FOR U.N. FORCESThe U.N. Secretary General has promulgated a bulletin for the purpose of setting outfundamental principles and rules of international humanitarian law applicable to United Nationsforces conducting operations under United Nations command. 290 The bulletin is not a legallybinding instrument, although, in many cases, the rules reflected in the bulletin reflect law of warrules that are binding upon the United States as a matter of treaty or customary international law.The bulletin has been the subject of criticism by States. 29119.25 2005 ICRC STUDY ON CUSTOMARY INTERNATIONAL HUMANITARIAN LAWThere is no list of treaty provisions (or other codification) that the United States hasagreed reflects the entirety of the customary international law of war. 292In 2005, the International Committee of the Red Cross published a study on customaryinternational humanitarian law (ICRC CIHL Study), which has been criticized for itsmethodology and formulation of certain specific rules. 293 The United States likewise hasexpressed serious concerns about the methodology used in the ICRC CIHL Study and has stated288 Refer to § 18.20.3.3 (U.S. Law and Policy on Support to the ICC).289 Harold Hongju Koh, Legal Adviser, Department of State, Remarks on international criminal justice at the VeraInstitute of Justice in New York and at Leiden University, Campus The Hague, 2012 DIGEST OF UNITED STATESPRACTICE IN INTERNATIONAL LAW 61, 68 (“Putting all of this together, as I made clear more than two years ago in aspeech at New York University, ‘What you quite explicitly do not see from this Administration is U.S. hostilitytowards the Court. You do not see what international lawyers might call a concerted effort to frustrate the objectand purpose of the Rome Statute. That is explicitly not the policy of this administration. Because although theUnited States is not a party to the Rome Statute, we share with the States parties a deep and abiding interest inseeing the Court successfully complete the important prosecutions it has already begun.’”).290 U.N. SECRETARIAT, Secretary-General’s Bulletin: Observance by United Nations Forces of InternationalHumanitarian Law, U.N. Doc. ST/SGB/1999/13 (Aug. 6, 1999) (“The Secretary-General, for the purpose of settingout fundamental principles and rules of international humanitarian law applicable to United Nations forcesconducting operations under United Nations command and control, promulgates the following:”).291 Report of the Special Committee on Peacekeeping Operations, Comprehensive review of the whole question ofpeacekeeping operations in all their aspects, U.N. Doc. A/54/839 82 (Mar. 20, 2000) (“The Special Committeenotes the Secretary-General’s comments on the guidelines on compliance with international humanitarian law byUnited Nations peacekeepers. The Committee expresses concern about the lack of consultation with Member Statesby the Secretariat before finalizing Secretary-General’s Bulletin ST/SGB/1999/13. It requests further clarificationon the Bulletin’s legal status, and stresses that it must accurately reflect the terms of international humanitarian law.It requests the Secretary-General to carry out consultations on the Bulletin with the Special Committee.”).292 Refer to § 1.8 (Customary International Law).293 See, e.g., Daniel Bethlehem, The Methodological framework of the Study, ELIZABETH WILMSHURST & SUSANBREAU, PERSPECTIVES ON THE ICRC STUDY ON CUSTOMARY INTERNATIONAL HUMANITARIAN LAW 4 (2007)(“Without detracting from this genuine appreciation, it is necessary and appropriate to draw attention to someimportant misgivings about the Study, as regards both methodology and the formulation of certain specific Rules.”).1175

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