Where is R2P grounded in international law? Anne-Marie Judson A ...

WHAT IS INTERNATIONAL CUSTOMARY LAW?
The International Law Commission (ILC) describes customary international law as
including treaties, decisions of the courts both local and international, legislation,
opinions, diplomatic correspondence and the practice of international
organizations. 188 The International Court of Justice (ICJ) includes general principles
of international law recognized by civilized nations to be a source of international
customary law. 189 As already mentioned the Vienna Convention on the Law of
Treaties (1969) states that a treaty is void if it conflicts with a peremptory norm of
general international law. 190 The ICJ considers the VCLT customary. Some
principles are considered customary such as those that are included in the Charter of
the Nuremberg Tribunals 191 and the Judgment of the 1950 tribunal.
This includes crimes associated to individuals, 192 the non-applicability of internal law
for defence, 193 and the non-limitations on Heads of States for committing atrocities or
violations of international law. 194 The crimes that are punishable under the
Nuremberg principles are set out under Principle VI. They include crimes against the
peace, including the planning, preparation, initiating, waging of a war of aggression or
a war in violation of international treaties, agreements or assurances. War crimes,
include violations of the laws or customs of war, as well as murder, ill treatment or
deportation to slave labour or for any other purpose of the civilian population in an
occupied territory. They also include murder or ill treatment of prisoners of war, of
persons on the seas, hostages, plunder of public or private property, wanton
destruction of cities, towns or villages or devastation not justified by military necessity.
Lastly they include crimes against humanity, including murder, extermination,
enslavement, deportation and other inhuman acts done against any civilian
population, or persecutions on political, racial or religious grounds when such acts are
188 See United Nations document (A/CN.4/ser.a/1950/add.1) (1957) ILC yearbook 367
189 Article 38, of the International Court of Justice Statute
190 Article 53, VCLT
191 United Nations (2005) Principles of international law recognized in the Charter of the
Nuremberg tribunal and in the judgment of the tribunal (1950), ILC yearbook (195) volume ii para
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192 Principle 1
193 Principle 2
194 Principle 3
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