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Practical Developments (Part Two): The Case Law Of The International Ad Hoc Criminal Tribunals On Customary International Criminal Law

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Chapter Summary

This chapter describes the formation of customary international law in one of the specialized areas of international law, international criminal law. International criminal law is one of the fastest developing fields of international law. Since the two international ad hoc criminal tribunals for the Former Yugoslavia and Rwanda were established by the UN after a long period of silence following the closure of the Nuremberg and Tokyo trial files, the development of customary norms in this field is very difficult to establish. Both the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) had the task and opportunity to pronounce extensively on the development of customary international law within their jurisdiction. The crime of genocide probably constitutes the very core of international criminal law. It acquired its autonomous significance with the adoption of the Genocide Convention by the United Nations General Assembly (UNGA).

Keywords: customary international law; Genocide Convention; international ad hoc criminal tribunals; International Criminal Tribunal for Rwanda (ICTR); International Criminal Tribunal for the Former Yugoslavia (ICTY); United Nations General Assembly (UNGA)



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