Perhaps more than in any other area of law, scholars of international humanitarian law (IHL) hold persuasive power over practitioners.[2] This may be partially explained by the inherent ambiguity of international law, and partly because the International Court of Justice (ICJ) statute expressly accepts “teachings of the most highly qualified publicists” as an authoritative source.[3]
Among those highly qualified publicists, perhaps no one has had more influence on the United States’ understanding of IHL than W. Hays Parks, who is often described as “the preeminent authority in the United States on the Law of War.”[4]
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