Relevant Material for Proving the Existence of Customary International Criminal Law

Abstract

This chapter will assess the evidence that has been referred to by international criminal tribunals when establishing the existence of customary international criminal law. It will determine what function the listed material can fulfill when proving the existence of customary international criminal law. For this task I consider it useful to maintain the distinction made by Schwarzenberger between the ``law-creating processes'' of public international law and the ``law-determining agencies'' as subsidiary means for the determination of a rule of law.