What are the rules of customary international law?
Customary international law consists of rules that come from “a general practice accepted as law” and exist independent of treaty law. Customary IHL is of crucial importance in today’s armed conflicts because it fills gaps left by treaty law and so strengthens the protection offered to victims.
What are the two necessary elements of customary international law rules?
The two essential elements of customary international law are state practice and opinio juris, as confirmed by the International Court of Justice in the Legality of the Threat or Use of Nuclear Weapons.
Does customary international law apply to all states?
The natural law approach views customary rules as a reflection of preexisting duties or rights; customary rules are binding on all states, in contrast to treaties, which are specific obligations between contracting states.
What is Nigeria customary law?
In Nigeria, customary law may be divided into two classes: (i) ethnic or non-Moslem customary law and (ii) Moslem law. Moslem law is religious law based on the Moslem faith and applicable to members of the faith or those under the influence of Islamic Civilization.
What are the four principles of customary law?
Examples of these general principles of law are laches, good faith, res judicata, and the impartiality of judges. International tribunals rely on these principles when they cannot find authority in other sources of international law.
What are the advantages of customary international law?
The advantage of customary law is that it is not necessary for a State to formally accept a rule in order to be bound by it, as long as the overall State practice on which the rule is based is “widespread, representative and virtually uniform” and accepted as law.
Why is customary international law important?
Customary international law also provides relevant rights for all participants in international or non-international armed conflicts whether or not they are nationals of a state, nation, or belligerent that has ratified a treaty reflecting the same rights.
Why customary law is important?
Customary laws are central to the very identity of indigenous peoples and local communities, de- fining rights, obligations and responsibilities of members relating to important aspects of their lives, cultures and world views.
How is customary law proved in Nigeria court?
PROOF OF CUSTOMARY LAW IN NIGERIA The proof of customary law in court is governed by the copious provision of Section 16 of the Evidence Act 2011. The summary of the Act therefore is a customary law can either be proved by direct evidence to establish its existence or by established judicial notice.
What are the validity of customary law in Nigeria?
Validity of Customary Law 112 Laws of the Federation of Nigeria 1990, has the following: “Provided that in case of any custom relied upon in any judicial proceedings it shall not be enforced as law if it is contrary to public policy and is not in accordance with natural justice, equity and good conscience”.
What is the disadvantage of customary law?
may not always follow the principles for fair hearings. Also, because of customary law’s flexibility, it may be harder to make sure it is applied in a similar way to people who have committed similar wrongs. The details of some customary law rules may differ from community to community, even in the same ethnic group.
What is customary law in Nigeria?
These form the basis of what is termed the customary law in Nigeria. Generally, the English Common Law forms part of the foundation on which the Nigerian legal system is built. This is due to the colonization factor.
What is the place of international law in the Nigerian legal system?
The place of international law in the Nigerian legal system also cannot be overemphasized, since Nigeria is a member of a number of international bodies, like the African Union, the Commonwealth of Nations, the United Nations, and the Organization of Petroleum Exporting Countries and so on.
What is the customary court in Nigeria?
The customary court is responsible for enforcing the ethnic customary laws. The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do preside over the court.
What are the non-Muslim laws in Nigeria?
The non-Muslim laws are referred to as the indigenous laws and these laws are derived from the various ethnic groups in Nigeria. The various customary laws of these different ethnic groups in Nigeria make up this category of the customary law.