The application of customary international law by national courts: Introduction

The application of customary international law by national courts: Introduction The application of customary international law by national courts: Introduction The articles collected in this issue of Non-State Actors a nd Inter national La w address the question of how national courts identify, construe and apply rules of customary international law. The inititiative to address a special issue to this question was induced by a number of recent cases, in which national courts were asked to address complex and contro- versial questions of customary international law. In the United Kingdom, the House of Lords, in the Pinochet Case, had to consider the existence and content of customary international law in relation to the crime of torture. In March 2001, the Scottish High Court of Justiciary was asked to consider the rules of customary international law per- taining to the possession of trident missiles (Lord Advocate’s Reference No. 1 of 2000). In the Netherlands, the Appeals Court of Amsterdam considered the customary inter- national law on crimes against humanity and torture in the Bouterse case, which involved the question whether Bouterse, former army commander in Surinam, could be prosecuted for his role in the execution of Ž fteen people in Surinam in 1982. The application of customary international law http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Non-State Actors and International Law (continued in International Community Law Review) Brill

The application of customary international law by national courts: Introduction

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-7125
eISSN
1571-8077
D.O.I.
10.1163/157180704323129403
Publisher site
See Article on Publisher Site

Abstract

The application of customary international law by national courts: Introduction The articles collected in this issue of Non-State Actors a nd Inter national La w address the question of how national courts identify, construe and apply rules of customary international law. The inititiative to address a special issue to this question was induced by a number of recent cases, in which national courts were asked to address complex and contro- versial questions of customary international law. In the United Kingdom, the House of Lords, in the Pinochet Case, had to consider the existence and content of customary international law in relation to the crime of torture. In March 2001, the Scottish High Court of Justiciary was asked to consider the rules of customary international law per- taining to the possession of trident missiles (Lord Advocate’s Reference No. 1 of 2000). In the Netherlands, the Appeals Court of Amsterdam considered the customary inter- national law on crimes against humanity and torture in the Bouterse case, which involved the question whether Bouterse, former army commander in Surinam, could be prosecuted for his role in the execution of Ž fteen people in Surinam in 1982. The application of customary international law

Journal

Non-State Actors and International Law (continued in International Community Law Review)Brill

Published: Jan 1, 2004

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