
Contents
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2 Sources in the Scholastic Legacy: The (re)Construction of the Ius Gentium in the Second Scholastic
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I. Introduction I. Introduction
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II. Relation with the General Doctrine of the Sources of International Law II. Relation with the General Doctrine of the Sources of International Law
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1. Formation of Customary Law and General Principles of International Law 1. Formation of Customary Law and General Principles of International Law
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2. Regulation of Treaties 2. Regulation of Treaties
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III. Specific Features of some IHL and ICL Sources III. Specific Features of some IHL and ICL Sources
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1. The Rome Statute 1. The Rome Statute
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2. Commitments by Armed Groups 2. Commitments by Armed Groups
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IV. Concluding Remarks IV. Concluding Remarks
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Research Questions Research Questions
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Selected Bibliography Selected Bibliography
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41 Sources of International Humanitarian Law and International Criminal Law: Specific Features
Get accessRaphaël van Steenberghe, Professor of International Humanitarian Law at the University of Louvain (UCL), and Permanent Researcher of the Belgian National Fund for Scientific Research (FNRS), Belgium.
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Published:05 February 2018
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Abstract
This chapter analyses the specific features which characterize the sources of international humanitarian law (IHL) and international criminal law (ICL). It first examines those which are claimed to characterize IHL and ICL sources in relation to the secondary norms regulating the classical sources of international law. The chapter then looks at the specific features of some IHL and ICL sources in relation to the others of the same field. Attention is given particularly to the Rome Statute of the International Criminal Court and the impact of its features on other ICL sources, as well as to the commitments made by armed groups, whose characteristics make them difficult to classify under any of the classical sources of international law. In general, this chapter shows how all those specific features derive from the specific fundamental principles and evolving concerns of these two fields of international law.
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