University of Tehran Law Quarterly 2588-5618 43 1 2013 04 21 EVOLUTION OF THE APPROACH OF INTERNATIONAL JUDICIAL PRACTICE IN THE PROCESS OF RECOGNITION OF RULES OF CUSTOMARY INTERNATIONAL LAW EVOLUTION OF THE APPROACH OF INTERNATIONAL JUDICIAL PRACTICE IN THE PROCESS OF RECOGNITION OF RULES OF CUSTOMARY INTERNATIONAL LAW 173 192 35286 10.22059/jlq.2013.35286 FA Abas Ali Kadkhodaee Associated Professor,Public Law Department,University of Tehran Shahram Zarneshan Assistant Professor, Law Department,University of Bu-Ali Sina Journal Article 2011 06 28 The judicial practice of the international courts and tribunals – especially<br />International Court of Justice – as the most important official entities for<br />surveying and identifying legal rules, has always been a valuable source in<br />the recognition of customary international law. In the recent decades, as a<br />result of developments caused by improving human concepts and humanity<br />principles in the international community, the approach of the international<br />judicial practice has also been evaluated in process of recognition of the<br />involved customary rules. This approach is on the basis of identifying<br />centrality and primacy of opinio juris, against the traditional approach,<br />according to which, customary rule is recognized by the preliminary proof of<br />practice.<br /><br /> The judicial practice of the international courts and tribunals – especially<br />International Court of Justice – as the most important official entities for<br />surveying and identifying legal rules, has always been a valuable source in<br />the recognition of customary international law. In the recent decades, as a<br />result of developments caused by improving human concepts and humanity<br />principles in the international community, the approach of the international<br />judicial practice has also been evaluated in process of recognition of the<br />involved customary rules. This approach is on the basis of identifying<br />centrality and primacy of opinio juris, against the traditional approach,<br />according to which, customary rule is recognized by the preliminary proof of<br />practice.<br /><br /> Customary Rule International Judicial Practice Opinio Juris International Court of Justice Modern Custom International Community Martens Clause Common Article 3 of the Four Geneva Conventions https://jlq.ut.ac.ir/article_35286_288cef0614e8d266312a3a7738e1e05b.pdf