Results 11 to 20 of about 4,923 (245)
Transformation of Customary Law Through ICC Practice
AJIL Unbound, 2018 Article 21 of the Rome Statute, in defining the applicable sources of law for the International Criminal Court (ICC), breaks with the practice of the ad hoc tribunals by treating customary international law as only a secondary authority.
Fausto Pocar
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The Identification of Customary Rules in International Criminal Law
Utrecht Journal of International and European Law, 2018 This paper aims to examine whether a different methodology has emerged to identify customary rules in the field of international criminal law. For this purpose, this paper briefly touches upon debates regarding customary law as a source and an ...
Yudan Tan
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The International Court of Justice and the international humanitarian law rules for armed conflicts
Revista Científica General José María Córdova, 2022 This article analyzes the undermined importance of the International Court of Justice’s (ICJ) case law in interpreting international humanitarian law (IHL) and its relationship with public international law.
Walter Arevalo-Ramírez
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Review The approach of Customary Rules of International Environmental Law in Climate Change [PDF]
پژوهشهای حقوقی, 2023 Today, custom is of great importance in the world community and means a general procedure that has been accepted as a legal rule, and such a custom creates a mandatory legal rule that is implemented in relations between governments and has two material ...
Masoud Raei deheghi +2 more
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Revolution by Customary International Law?
AJIL Unbound, 2018 B.S. Chimni's Customary International Law: A Third World Perspective announces a provocative normative approach to customary international law (CIL) designed to develop progressive norms by deemphasizing state practice and promoting deliberative ...
J. Patrick Kelly
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JUDICIAL "TRANSLATION" AND CONTEXTUALISATION OF VALUES: RETHINKING THE DEVELOPMENT OF CUSTOMARY LAW IN MAYELANE [PDF]
Potchefstroom Electronic Law Journal, 2015 The relevance of Mayelane v Ngwenyama (2013 4 SA 415 (CC)) has not been exhausted. Particularly the constitutional mandate undertaken by the Constitutional Court to "develop" customary law deserves closer scrutiny.
Liz Lewis
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Modes of International Criminal Justice and General Principles of Criminal Responsibility
Göttingen Journal of International Law, 2013 International criminal justice now functions via two systems – a direct one led by the international tribunals and an indirect one driven by national courts.
Hiromi Sato
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Laws, 2021 Bangladesh is recently prosecuting and punishing the perpetrators of crimes against humanity and genocide committed in the Liberation War of 1971 via a domestically operated tribunal, namely the International Crimes Tribunal Bangladesh (ICTB). Though the
Maruf Billah
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International customary law in the jurisprudence of the Court of Justice of the EU [PDF]
Zbornik Radova Pravnog Fakulteta u Nišu, 2019 By analysing the highly heterogeneous practice of the Court of Justice of the European Union (CJEU), one can identify four roles of international customary law within the EU legal order.
Đorđević-Aleksovski Sanja
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The Need to be Rid of the Idea of General Customary Law
AJIL Unbound, 2018 B.S. Chimni's study of customary international law (CIL) is a review of its role both as a supporter of the existing global capitalist order and as a potential instrument to challenge that order in favor of a postmodern deliberative reasoning as the ...
Anthony Carty
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