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Visions Of Development

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Chapter Summary

As far the theory of customary international (criminal) law is concerned, there are only few hypotheses which envisage a general concept of the development of customary norms. Theories develop upon issues concerning the formation of customary international law in a particular area of international law or a particular problem which has arisen in practice. The three main approaches envisaging a general perspective for the development of rules of customary international criminal law: the humanisation of humanitarian law, a communitarian vision and increasing fragmentation. According to Meron, the humanising development in international humanitarian law is promoted, first and foremost, by the Martens Clause which, "with its invocation of the laws of humanity and dictates of public conscience, explains its resonance in the formation and interpretation of international humanitarian law&t;. Tomuschat explained that the concept of the international community also underlies the field of international criminal law.

Keywords: communitarian vision; customary international (criminal) law; humanitarian law; Meron; Tomuschat



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