Does Custom Have A Source

Customary international law often seems like a riddle wrapped in a mystery inside an enigma. According to Manley O. Hudson, even the drafters of the International Court of Justice Statute "had no very clear idea as to what constituted international custom." The situation has not changed much since then.I got my first taste of the difficulties in identifying custom when I was a junior attorney at the U.S. Department of State and was assigned the task of preparing the U.S. submission in a juvenile death penalty case before the Inter-American Commission on Human Rights. The juvenile death penalty is prohibited by the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights, but the question in the Inter-American Commission case was whether it is also prohibited as a matter of customary international law

Commission · Convention · Covenant · Customary international law · Economic Justice · Human rights · International Covenant on Civil and Political Rights · International human rights law · International law · Political science · Public international law · Right to property · International Law and Aviation · International Law and Human Rights · Law · Legal Systems and Judicial Processes

• Identifying the Rules for Identifying Customary International Law

  Open Access•Michael Wood, Omri Sender•AJIL Unbound•2014

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