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International Criminal Law, Humanitarian Law, and Human Rights Research Guide

A Research Guide for the Students in the International Human Rights Clinic.

Introduction

The Statute of the International Court of Justice, Article 38(1) lays out what are generally regarded as the sources of international law. These are: 

a. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: 

b. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

c. international custom, as evidence of a general practice accepted as law;

d. the general principles of law recognized by civilized nations;

e. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

These sources of international law, as listed above, are described in further detail in this section of the guide. This section also provides recommended resources (both print and electronic) for finding each type of international law source. 

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