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Chinese Journal of International Law 2005 4(1):45-83; doi:10.1093/chinesejil/jmi002
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© The Author 2005. Published by Oxford University Press. All rights reserved.

On the Sources of International Criminal Law

Vladimir-Djuro Degan *

In their efforts to establish a quite original system of procedural and material rules of international criminal law, by means of the so-called "judge-made law", the two ad hoc Tribunals for the Former Yugoslavia and Rwanda hold a peculiar approach to the sources of that law. The most controversial of all is their concept of "customary law". This paper is an attempt to clarify the meaning and scope of these sources mainly from some aspects of the respective rules adopted in the 1998 Rome Statute. It is also a continuance in this author's research on the sources of public international law.

* Professor of International Law, Rijeka University; Head of the Adriatic Institute of the Croatian Academy of Sciences and Arts in Zagreb; Membre de l'Institut de Droit international (email: jz{at}hazu.hr).


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