Secondary sources of international law are materials that interpret or analyze primary sources of international law. They do not possess binding legal authority but serve as important references and aids for understanding and applying international legal principles. These sources help to clarify the meaning and scope of primary sources and contribute to the development and evolution of international law. Some common examples of secondary sources of international law include:
- Scholarly writings: Academic articles, books, and treatises written by legal scholars, professors, and experts provide in-depth analysis and interpretation of international legal principles and doctrines. These writings contribute to the development of customary international law, the understanding of treaty provisions, and the identification of emerging legal norms.
- Commentaries: Commentaries on international legal instruments, such as the International Covenant on Civil and Political Rights (ICCPR) or the Geneva Conventions, provide detailed explanations and interpretations of their provisions. These commentaries are often drafted by international organizations, such as the International Law Commission (ILC) or the International Committee of the Red Cross (ICRC).
- Case law: Decisions of international courts and tribunals, such as the International Court of Justice (ICJ) and various regional human rights courts, constitute an important source of international law. These decisions interpret and apply international legal principles and contribute to the development of customary law and the clarification of treaty provisions.
- Legal opinions: Legal opinions issued by domestic and international legal advisors, including those of the International Court of Justice, provide authoritative interpretations of international legal questions. These opinions may address issues related to treaty interpretation, state practice, or the application of international legal principles.
- Resolutions and reports of international organizations: Resolutions and reports adopted by international organizations, such as the United Nations General Assembly or Security Council, may provide guidance on the interpretation and application of international law. While not legally binding, they can contribute to the formation of customary law or reflect the state practice of member states.
- Diplomatic correspondence: Official correspondence exchanged between states, such as diplomatic notes or letters, can provide insights into the interpretation and understanding of international legal obligations. These communications may express positions on legal matters or clarify the intent behind treaty provisions.
It is important to note that while secondary sources of international law are valuable for understanding and interpreting international legal norms, they are subordinate to primary sources, such as treaties and customary law, which possess binding legal authority.