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I General Principles and Sources of Law, Division B: Sources Of Law, Ch.V: Subsidiary Sources: Judicial Decisions

From: The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence Volume II

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2023

International courts and tribunals, decisions — Arbitral tribunals — Judicial decisions
In the case concerning the Arrest Warrant of II April 2000, the Court was concerned to establish whether the immunities of a Foreign Minister can protect him when he is accused of war crimes or crimes against humanity. In this connection, it referred to ‘those few decisions of national higher courts, such as the House of Lords or the French Court of Cassation’ which were relevant to the matter.508 However this reference is made in the context of the Court’s examination of ‘State practice’, pointing to the existence or otherwise of a rule in ‘customary...
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