إخلال القضاء الوطني بتطبيق و تفسير العرف الدولي

Abstract EN

International custom is an original source of public international law in accordance with article 38 of the Statute of the International Court of Justice.

The national judge is therefore obliged to apply it and interpret it in cases where this is required.

Even if such acts are in conformity with the Constitution of the State.

The criterion of illegality of judicial action shall be in accordance with the rules of general international law and not domestic law.

Therefore, we will address the subject through two studies, we show in the first violation of the national judiciary to apply and interpret the international custom, while the second section we address through the impact of this violation, which represents compensation in various forms.