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Preliminary Remarks

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Chapter Summary

This chapter presents preliminary remarks of a study which is an assessment of the relevant provisions for prosecuting the destruction of cultural property in international criminal law. It commences with a short introduction on international criminal law and its sources. Treaties are referred to as one of the primary sources of international law. Even with the Rome Statute's entry into force in 2002, customary international law continues to play an essential role in international criminal law. Two basic requirements have to be met in order for a norm to fulfil customary international law: (i) the act concerned has to be reflected in consistent State practice; and (ii) the State practice has to be adhered to out of a sense of legal obligation (opinio juris). The chapter touches upon general principles of law recognised by civilised nations, judicial decisions and teachings, and the work of International Law Commission (ILC).

Keywords:customary international law; international criminal law; International Law Commission (ILC); international treaties



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