The Influence of the Common Law System on the Construction of International Criminal Law : some Preliminary Considerations

Abstract

The influence of common law on international criminal law is analyzed in this paper. Within the broad spectrum to be analyzed, the paper focuses on the influence of common law on the trend towards judicial creativity in international criminal tribunals. This creativity is reflected, at least, in the determination of customary norms and general principles of law. Similarly, this paper examines the influence of common law on the shaping of rules of evidence and procedure in the various international criminal tribunals existing to date.