Customary international law

customaryinternational customary lawcustomcustomary lawcustomary laws of warinternational customcustom of international relationscustomary international law—customs of warfundamental principles of international law
Customary international law is an aspect of international law involving the principle of custom.wikipedia
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Sources of international law

primary source of international lawSourcesa source of international law
Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law. It follows that customary international law can be discerned by a "widespread repetition by States of similar international acts over time (State practice); Acts must occur out of sense of obligation (opinio juris); Acts must be taken by a significant number of States and not be rejected by a significant number of States."
Sources of international law include treaties, international customs, general principles of law as recognized by civilized nations, the decisions of national and lower courts, and scholarly writings.

International criminal law

international crimesinternational crimeinternational criminal justice
Examples include various international crimes; a state violates customary international law if it permits or engages in slavery, torture, genocide, war of aggression, or crimes against humanity.
The classical enumeration of those sources is in Article 38(1) of the 1946 Statute of the International Court of Justice and comprise: treaties, customary international law, general principles of law (and as a subsidiary measure judicial decisions and the most highly qualified juristic writings).

Torture

torturedtorturingtorture device
Examples include various international crimes; a state violates customary international law if it permits or engages in slavery, torture, genocide, war of aggression, or crimes against humanity.
Its effect in practice is limited, however, as the Declaration is not ratified officially and does not have legally binding character in international law, but is rather considered part of customary international law.

Peremptory norm

jus cogensius cogensnorm
A peremptory norm (also called jus cogens, Latin for "compelling law") is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation is ever permitted (non-derogable). However, states that object to customary international law may not be bound by them unless these laws are deemed to be jus cogens.
Unlike ordinary customary law, which has traditionally required consent and allows the alteration of its obligations between states through treaties, peremptory norms may not be violated by any state "through international treaties or local or special customs or even general customary rules not endowed with the same normative force".

War of aggression

wars of aggressionaggressionaggressive war
Examples include various international crimes; a state violates customary international law if it permits or engages in slavery, torture, genocide, war of aggression, or crimes against humanity.
Since the Korean War of the early 1950s, waging such a war of aggression is a crime under the customary international law..

Persistent objector

persistent objectionstates that object
However, states that object to customary international law may not be bound by them unless these laws are deemed to be jus cogens.
In international law, a persistent objector is a sovereign state which has consistently and clearly objected to a norm of customary international law since the norm's emergence, and considers itself not bound to observe the norm.

Hague Conventions of 1899 and 1907

Hague ConventionHague Convention of 1907Hague Conventions
The laws of war, also known as jus in bello, were long a matter of customary law before they were codified in the Hague Conventions of 1899 and 1907, Geneva Conventions, and other treaties.
As such, the code was widely regarded as the best summary of the first customary laws and customs of war in the 19th century and was welcomed and adopted by military establishments of other nations.

Law of war

laws of warjus in bellorules of war
The laws of war, also known as jus in bello, were long a matter of customary law before they were codified in the Hague Conventions of 1899 and 1907, Geneva Conventions, and other treaties.

Crimes against humanity

crime against humanityatrocitieshumanity
Examples include various international crimes; a state violates customary international law if it permits or engages in slavery, torture, genocide, war of aggression, or crimes against humanity.
The law of crimes against humanity has primarily developed through the evolution of customary international law.

International law

public international lawinternationallaw of nations
Customary international law is an aspect of international law involving the principle of custom.
The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems.

Opinio juris sive necessitatis

opinio jurisacceptance that such practice is required by law
It follows that customary international law can be discerned by a "widespread repetition by States of similar international acts over time (State practice); Acts must occur out of sense of obligation (opinio juris); Acts must be taken by a significant number of States and not be rejected by a significant number of States."
Opinio juris is the subjective element of custom as a source of law, both domestic and international, as it refers to beliefs.

Non-refoulement

refoulementforcibly repatriateforcibly repatriated
Other examples accepted or claimed as customary international law include immunity of visiting foreign heads of state and the principle of non-refoulement.
It is a principle of customary international law, as it applies even to states that are not parties to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol.

International humanitarian law

humanitarian lawLaw of Armed Conflictinternational humanitarian
Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law.

Customary international humanitarian law

Customary international law, like international treaty law, is recognized as a primary source of public international law.

International human rights law

human rights lawinternational human rightsinternational human rights treaties
As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law.

Geneva Conventions

Geneva Conventionillegal under international lawCommon Article 3
The laws of war, also known as jus in bello, were long a matter of customary law before they were codified in the Hague Conventions of 1899 and 1907, Geneva Conventions, and other treaties.
Further, those provisions are considered customary international law.

Soft law

hard lawlegal bindinglegally binding
Soft law is also viewed as a flexible option - it avoids the immediate and uncompromising commitment made under treaties and it also is considered to be potentially a faster route to legal commitments than the slow pace of customary international law.

Treaty

treatiesinternational treatyinternational treaties
Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.

International Court of Justice

World CourtICJInternational Court of Justice (ICJ)
Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.

Jurist

legal scholarlaw professorjurists
Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.

United Nations

UNU.N.the United Nations
Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.

Member state

member statesmember nationmember-states
Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.

International Law Commission

United Nations International Law CommissionUnited Nations Law CommissionInternational Law Commission of the United Nations
In 1950, the International Law Commission listed the following sources as forms of evidence to customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations.

Latin

Latin languageLat.la
A peremptory norm (also called jus cogens, Latin for "compelling law") is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation is ever permitted (non-derogable).