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International Crimes and the Ad Hoc Tribunals$
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Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2022

Identifying Customary International Law and the Role of Judges in the Customary Process

Identifying Customary International Law and the Role of Judges in the Customary Process

Chapter:
(p.13) 3 Identifying Customary International Law and the Role of Judges in the Customary Process
Source:
International Crimes and the Ad Hoc Tribunals
Author(s):

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0003

Just as it is for judges of the ad hoc tribunals created for the former Yugoslavia and Rwanda to weigh the evidence of the facts relating to the alleged crimes when assessing the guilt or innocence of an accused, it is for them to evaluate the extent to which a rule may be said to exist under customary international law in light of existing state practice and opinio juris. As with the weighing of evidence, identifying customary international law is no exact science. And the finding that a norm does indeed form part of customary law must merely be the most reasonable conclusion based on the best available evidence of the existence or non-existence of that rule. International criminal law may owe more to judges than any other part of international law.

Keywords:   customary law, international law, criminal law, judges

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