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Volume II, s.5 The Statute and General International Law, 25 Applicable Law

Alain Pellet

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 March 2024

International courts and tribunals, procedure — Elements of crimes — Nullum crimen sine lege — International criminal law, evidence — General principles of international law — Customary international law
The idea of including a definition of the applicable law in a treaty creating an international court is as old (or as recent!) as that of creating such courts themselves.The first attempt at systematization goes back to Article 7 of the Draft Convention of 1907 creating an International Court of Prize.1 The similarity to Article 21 of the Statute of the ICC, although undoubtedly fortuitous, remains striking.2 Similarly, during drafting of the Statute of the PCIJ, the Committee of Jurists of the League of Nations, being unable to codify international law fully,...
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