Judicial practice, customary international criminal law and nullum crimen sine lege
Cham : Springer, 2017
XVI, 261 p. ; 25 cm
Bibliographie : p. 239-261
This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and considers the compatibility of these approaches with the nullum crimen sine lege principle. It addresses the following questions: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice, requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”? In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international law.
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