ABSTRACT
Despite the fact that there are many problems deriving from the different legal systems being used around the world, one of the main issues is the limitation of the substantive law (subject-matter jurisdiction) of the international criminal tribunals or courts. It is not enough to solve this problem, as the Secretary-General's Report did in relation to the ICTY Statute, by indicating that international criminal tribunals or courts should apply ‘rules of international humanitarian law which are beyond any doubt part of customary law’1 for the following reasons:
