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Developments In Customary International (Criminal) Law: Implications From The Case Law Of The ICJ, The ICTY And The ICTR

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Chapter Summary

This chapter analyses and identifies theoretical conceptions of methods of recognition of new customary rules. It then compares the methods of customary law identification with that of other sources of international law and the methods of interpretation and analogy. The chapter also analysis the case law of the International Court of Justice( ICJ) as well as of the two ad hoc international criminal tribunals which of the methods and rules identified were in fact applied in practice. The results obtained from the examination of the case law of the ICJ, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) may help to determine the ultimate direction in which custom may develop. The chapter describes in detail what an evaluation scheme for new rules of customary international law could look like.

Keywords: Case Law; customary international law; ICTR; ICTY; International Court of Justice( ICJ)



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