Journal Article

On the Sources of International Criminal Law

Vladimir-Djuro Degan

in Chinese Journal of International Law

Volume 4, issue 1, pages 45-83
Published in print June 2005 | ISSN: 1540-1650
Published online June 2005 | e-ISSN: 1746-9937 | DOI:

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In their efforts to establish a quite original system of procedural and material rules of international criminal law, by means of the so-called “judge-made law”, the two ad hoc Tribunals for the Former Yugoslavia and Rwanda hold a peculiar approach to the sources of that law. The most controversial of all is their concept of “customary law”. This paper is an attempt to clarify the meaning and scope of these sources mainly from some aspects of the respective rules adopted in the 1998 Rome Statute. It is also a continuance in this author's research on the sources of public international law.

Journal Article.  22121 words. 

Subjects: International Law