ABSTRACT
In her chapter Cassandra Steer argues that the role of non-state participants in international criminal law is key to the formation of the normative content of this nascent branch of law. According to her, the traditionally primary sources of international law prove insufficient when it comes to determining normative notions such as modes of participation; instead subsidiary sources such as judgments and academic commentaries have become predominant sources. A dynamic description of the process by which such sources are formed by non-state participants leads to a conclusion that there must be some methodological restraints on this process to protect the legitimacy of the international criminal justice project.
