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Researching International Criminal Law

Getting Started

By Judith Gire, Library Director

Last updated: 28 Aug 2008

Hierarchy of Sources of International Criminal Law


Article 38 of the International Court of Justice Statute sets out the following sources of international law in order of their weight as authority:
http://www.icj-cij.org/ > Basic Documents > Statute of the Court

  1. International Conventions/Treaties
  2. International Custom as evidence of a general practice accepted as law
  3. General Principles of Law recognized by civilized nations
  4. Judicial Decisions and teachings of the most highly qualified publicists

Only the first three sources apply to international criminal law since “teachings of the most highly qualified publicists, i.e. judges or jurists of international courts or tribunals, cannot create supra-national binding laws as local legislative and adjudicatory bodies do. See M. Cherif Bassiouni, International Criminal Law (2d ed.) (Ardsley, N.Y.: Transnational Pub., 1998), pp.4-5.

Starting Places

Electronic Research Guides

Treatises

Periodical Articles

Encyclopedias and Dictionaries

Treaty Sources

There are many treaties, conventions and agreements relating to international criminal law topics that are available through the following web sites:

Judicial Sources

International Criminal Court

Ad Hoc Tribunals

Nuremberg War Crimes Trials

International and Regional Courts

Information Networks,
Information Clearinghouses
and Statistical Sources

©2008 Franklin Pierce Law Center Library, Judith Gire. All rights reserved.