Kupreskic et al., Trial Chamber, Judgment, 14 January 2000, Case no Research Paper - 1

Kupreskic et al., Trial Chamber, Judgment, 14 January 2000, Case no. IT-95-16-T - Research Paper Exampleg the horrors and advances in international jurisprudence.2 Adding to the international regime for humansitarian international laws, the International Criminal Court (ICC) incorporated the draft Elements of Crimes which sets out the definition of humanitarian laws such as genocide, crimes against humanity and war crimes as provided for in the ICC Statute.3 The resulting body of international case law demonstrates that the international judiciary have developed a penchant for discriminative creativity which sits somewhere between differentiate practice and opinio juris and ultimately forms the foundations of international customary law.4In Prosecutor v Kuprekic et al (Case No. IT-95-16 T) the ICTY determined that in determining the appropriate line of customary international law, reference must be had to domestic codes as well as case law.5 Essentially, the ICTY has used as demon strated in Kuprekic et al national judgments for interpreting and applying treaties as well as customary international law and principles of international law.6Taking the concept of state practice a step further, the ICTY in Kuprekic et al identified what is referred to as the concept of jus cogens in customary international law.7 Jus cogens takes the position that it is not necessary to carry a protracted search of national laws for evidence that states ar conducting themselves out of a sense of obligation.8 In other words certain human rights and concepts of humanity are taken for granted in customary international law. For instance the ICTY in the Prosecutor v Furundfija IT-95-17/I-T (December 10, 1998) ruled that the prohibitions and intolerance of torture are rules of jus cogens as well as the judgments contained in the International Court of Justice and the principles of the Martens Clause are concepts that lead jurisprudence or opinion juris.9The Martens Clause therefrom t akes on a significant role in the development of international customary law in that it guides judicial