Sources of IDL: Focus on Subsidiary Means for the Determination of Rules of International Law

Throughout 2024 the International Law Commission (ILC) continued its examination of the sources of international law set out in Article 38(1) of the Statute of the International Court of Justice. In particular, the Special Rapporteur on subsidiary means for the determination of rules of international law, Charles Chernor Jalloh, submitted his second report in January 2024, alongside the publication of a comprehensive Memorandum of practice on subsidiary means by the ILC Secretariat. Continuing our series on the Sources of IDL, the focus of this article is the ILC’s analysis of subsidiary means as a source of general international law and the role that judicial decisions and the teachings of publicists play in the development of international disaster law.