THE PLACE AND NEXUS OF CUSTOMARY CRIMINAL LAW IN INTERNATIONAL LAW

Abstract

There has been heightened scholarly discourse regarding the intersection, interrelationship, and nexus between customary criminal legal norms and international law. This dialogue is intensified by the collision stemming from their varied and heterogeneous legal standing and classification, amorphous and unclassifiable structure, and the muddled and confusing grasp and perception of these concepts by academics and scholars. One profound hurdle can be seen in the way customary criminal law is viewed: its fluid and uncodified nature, which can be compared with the clear framework of a statute. A further deep complication arises from the structure, essence, and substance of customary criminal law. Because it relies heavily on historical precedent, its legal authority remains deeply ambiguous. Another associated difficulty is discerning the foundational principles of international law, specifically how they govern sovereign States and their citizens, and whether States are bound by them as a matter of legal obligation. This paper aims to provide a legal philosophical examination of the interplay, nexus, interrelationship, and intersection between customary criminal law and international law. This paper further seeks to present a doctrinal critique and a legal philosophical evaluation of the dynamics of the interplay and intersection between customary criminal legal norms and international law. This paper submits that theoretical assumptions as well as legal doctrines regarding the philosophical validity, normative nature, and regulatory enforceability of customary criminal law and international law sometimes lead to a profoundly convoluted and ambiguous comprehension of these legal frameworks.