وسائل إثبات القاعدة الدولية العرفية

الملخص EN

Customary rule is considered one of the resources of the public international law according to article No.

(38) of the basic regulation of the International court of Justice.

To be applied on the dispute, the judge needs the help of the two parties of the dispute to prove this rule as he cannot be aware of all of the unwritten legal rules especially the rules concerning a dispute among a number of countries or states.

Hence, the evidence and proves appears as means to prove a country recurrent behavior so as to prove the customary rule, while the legal or judiciary evidences are considered as indirect means of proving.

So it became clear that the evidence or the proof are used to prove the material, rather than the moral, element, because the moral element represent the essence of the customary rule and it is the result of recurrence.

As it represent the legal rule, it could not be a way of proving because a law could not be proved by a law.