CRM 316 Study Guide - Midterm Guide: Strafgesetzbuch, Nuremberg Charter, Genocide Convention

• School: Ryerson University
• Department: Criminology
• Course: CRM 316
• Professor: alexandraorlova

Document Summary

Question 1 deals with sources of international law. Look at methodological issues we talked about in class. Article 38(1) of the statute of the international court of justice contains the following list of sources: If this leads to absurdity, decision makers may consult subsequent agreements, or the history of the drafting. There can be evidence in the media for example, or speeches of officials or trial decisions. Sometimes applies to countries even if they did not ratify it, if it reached the status of jus cogens general, fundamental norms that override others even if (cid:455)ou do(cid:374)(cid:859)t ag(cid:396)ee (cid:449)ith the(cid:373). In customary international law, opinio juris is the second element, along with state practice, to become a binding custom. It is a subjective obligation on behalf of the state to be bound to the law in question. State practice alone is not enough, but it is hard to figure out the psychology of a country, the intent of the collective.