The Contribution of the International Criminal Court to the Development of International Humanitarian Law

International courts have been significantly contributing to the formation and development of international law by, among else, providing evidence of international practice, helping in interpreting international treaties, and defining customary international law. This idea is ultimately recognized by Article 38 of the Statute of the International Court of Justice, which lists judicial decisions as one of the subsidiary means for the determination of rules of international law. As the only permanent international criminal judicial body, the International Criminal Court (ICC) contributes to the understanding of the fundamental questions of international humanitarian law (IHL), one of the oldest branches of international law, the rules of which aim at limiting the methods and means of warfare and protecting the victims of armed conflicts. Serious breaches of IHL constitute war crimes, for which individuals may bear direct responsibility. Taking into account that the jurisdictional scope of the ICC also encompasses war crimes, the starting premise and consideration of the book is thus the extraordinary potential of the ICC in its normative relationship with IHL.