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Part A Major Problems of International Criminal Justice, III The Interplay of International Criminal Law and Other Bodies of Law, Comparative Criminal Law as a Necessary Tool for the Application of International Criminal Law

Mireille Delmas-Marty

From: The Oxford Companion to International Criminal Justice

Edited By: Antonio Cassese (Editor-in-Chief)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 28 October 2020

Comparative criminal law is not a body of law, but a method. In other words, its purpose is not normative but cognitive, since comparison helps us to discover the areas of convergence and divergence between legal systems. But these two purposes are similar, and may even become one, when comparative study becomes a tool for the elaboration or interpretation of an international norm. In order to examine whether this is a ‘necessary’ tool for the application of ICL, we will first take a practical point of view, observing the place of comparative law in the practice...
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