Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

Offers a comprehensive overview of the extensive case law Identifies the varying methodological approaches of four international criminal tribunals (the ICTY, ICTR, SCSL and ECCC)Takes due account of the dual nature of international criminal law and the underlying foundations of international law on the one hand and criminal law on the other, as well as the contradictions that exist between these distinct fields of lawOffers clear guidelines on what function the relevant material used by international criminal tribunals when identifying customary international criminal law can fulfill in connection with proving the existence of customary international lawContributes to the discourse on the sources of international law in general

Offers a comprehensive overview of the extensive case law Identifies the varying methodological approaches of four international criminal tribunals (the ICTY, ICTR, SCSL and ECCC) Takes due account of the dual nature of international criminal law and the underlying foundations of international law on the one hand and criminal law on the other, as well as the contradictions that exist between these distinct fields of law Offers clear guidelines on what function the relevant material used by international criminal tribunals when identifying customary international criminal law can fulfill in connection with proving the existence of customary international law Contributes to the discourse on the sources of international law in general

Inhalt
Introduction.- State responsibility and the criminal liability of the individual.- Nullum crimen sine lege.- The formation of customary international law and its methodological challenges.- The role of judges when determining customary international law.- Methodological approaches to customary international law by international criminal tribunals.- Relevant material for proving the existence of customary international criminal law.- Conclusion.