Chapter

Customary Humanitarian Law: From the Academy to the Courtroom

Theodor Meron

in The Making of International Criminal Justice

Published in print July 2011 | ISBN: 9780199608935
Published online September 2011 | e-ISBN: 9780191729706 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199608935.003.0003
Customary Humanitarian Law: From the Academy to the Courtroom

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Customary international law has effectively moved from the domain of academia to the courtroom. Customary international law now comes up in almost every international court and tribunal, in almost every case, and frequently has an impact on the outcome. International courts ranging from the International Court of Justice (ICJ), the Iran-United States Claims Tribunal, and the International Centre for Settlement of Investment Disputes arbitral tribunals to the regional human rights courts have pronounced on important issues of customary international law in recent years. This chapter begins by discussing the application of customary international law by non-criminal international bodies, such as the ICJ. It then turns to the application of customary international law by international criminal tribunals, particularly in the International Criminal Tribunal for the former Yugoslavia. It also considers applications by the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, and the International Criminal Court. The chapter concludes with some final reflections on the future of customary humanitarian law.

Keywords: customary international law; jurisprudence; international criminal tribunals; international courts; former Yugoslavia; humanitarian law

Chapter.  5866 words. 

Subjects: Human Rights and Immigration

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