Międzynarodowe prawo zwyczajowe w orzecznictwie Międzynarodowego Trybunału Karnego ds. Zbrodni w byłej Jugosławii
Customary International Law in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia

Summary/Abstract: The Article aims at exploring the issue of customary international law in the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY). For that reason the most representative judgments will be discussed. The overall conclusion will be that the ICTY puts much more emphasis on the opinio iuris element rather than practice of States in the process of creation of customary international law. In the Author’s opinion this is understandable and reasonable taking into account the fact that international humanitarian law is applicable to the state of war where nowadays there is not (and should be not) a very wide practice. In this context the famous Martens clause and its effects on international custom will also be presented.

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