Document Type : Article
Authors
1 Ph.D. Student in International Law, Islamic Azad University, Karaj Branch, Karaj, Iran
2 Assistant Prof. Faculty of Law and Political Sciences, Islamic Azad University, Karaj Branch, Karaj, Iran
Abstract
Despite the specific reference in the Statute of the International Court of Justice to general principles of law as a source, they are seen as inherently a subsidiary source. Subsidiarity means that if there are no applicable treaty or customary rule, these principles prevail. The ICTY has often used article-38 sources, namely international treaties, custom, and general principles of law, to identify the applicable law in its cases. This paper uses a descriptive-analytical method to study the jurisprudence of the ICTY, to explain the application of general principles of law in international criminal law. The findings of this paper show that the the ICTY chambers have resorted to general principles of law to fill legal gaps, interpret ambiguous legal rules, and strengthen legal reasoning in their decisions. The Tribunal's frequent referral to general principles of law to fill legal gaps may be due to the fact that international criminal law is a relatively new field and therefore not significantly developed. Thus, general principles of law have played a significant role in filling the gaps in international criminal law.
Keywords
Main Subjects
English
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