عنوان مقاله [English]
نویسنده [English]چکیده [English]
Based on the traditional approach derived from Article 38 (1) (b) of the Statute of the International Court of Justice, a customary rule consists of two procedural elements of the state practice and a opinio juris. The subject of this article is whether the current approach is equally applicable in international law, including trade, air and space, human rights and humanitarian law. We also answer the question whether its customary rule is based on the requirements of international law, including the lack of a single legislative power. The result of the paper is that the traditional two-element approach does not respond to human rights and humanitarian law, and the international criminal justice system has also taken other approaches to discovering the rule of law in this area. This does not mean the absolute negation of the application of the two-element approach, and in some cases it is also cited in a traditional way.