Volume II, s.5 The Statute and General International Law, 25 Applicable Law
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
- 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,...