Sources of International Law

  1. Article 38, Statute of the International Court of Justice
    • Treaties
    • Cannot use domestic law to get out of treaties
    • Treaty supersedes custom

    • Customary international law
    • Interested States
    • Must be fundamentally norm creating character
    • When custom is found it applies to all states (State silence is consent)  
    • Persistent objector
    • Excused from custom (only endorsed twice by ICJ and never only reason for excusing State from custom)
    • Only during formation of custom
    • Custom changes when contrary custom established
    • New States abide by custom  

    General principles of law

    Judicial decisions and teachings of publicists (subsidiary means)

    Ex aequo et bono: take into account what is just and fair, and not bound by law (only if both States consent)
  2. Jus cogens
    Preemptory norm 

    • Meaning: fundamental rules that cannot be violated (super custom)
    • Special status: cannot be set aside by treaty Examples
    • Law against genocide
    • Law against torture
    • Law against slavery and slave trade
  3. ICTY: Prosecutor v. Furundzija
    Image Upload 1
  4. Inter-American Commission on Human Rights: Michael Domingues Case
    Image Upload 2
Card Set
Sources of International Law
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