The

relevance and importance of these sources in national criminal jurisdictions

Article 38

is vital because it provides a fairly clear and explicit description of the

most relevant sources to be consulted, both directly by the International Court

of Justice and

It is

uncertain if Article 38 was meant to

Even

if national legislation is the direct source of the applicable law, ICL

treaties, commentaries on them and international judicial decisions are often

used as aids to interpret the national law and are sometimes considered

persuasive

In some

jurisdictions the direct source of international criminal law is

The five

sources of international criminal law roughly correlate with the classic

expression of the sources of international law and are

International

and hybrid courts use treaties and custom as the main sources of international

criminal law, in addition to their own governing

A judgement / conclusion

of an international court may influence the development

of treaty and customary international law.

The sources / origins

of law can sometimes overlap and have a dynamic

relationship.

Article 38

has been recognised as