Источники международного гуманитарного права (опыт государств Центральной Азии)

Abstract

The article outlines the concept and classification of the sources of international law in accordance with Article of the Statute of the International Court of Justice. While drawing a general classification of the sources of international law, the author analyses their content by the example of the rule-making process in international humanitarian law. The article makes case for the possibility to qualify national legislation as a source of international humanitarian law. Here the author refers to the constitutional provisions of a number of Central Asia republics, Turkmenistan among them, which fix the primacy of the accepted norms of international law over national law, the inclusion of the international crimes against peace and security of mankind into the criminal code of Turkmenistan and the UN General Assembly's recognition of Turkmenistan as a permanently neutral state.