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{
    "id": 69922,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/69922/?format=api",
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    "content": "of all the laws that we shall be passing and doing, whatever it is that we shall be doing in this country, the Constitution is saying that the general rules of international law will be part of the Constitution. What are these general rules of international law? Any customary international law principle is part of the general international law that this country must be part of. Let me now turn to customary international law. What is customary international law? This is the law that is binding internationally to states irrespective of whether they have signed treaties or not. These are laws that customarily will bind every state because of the very nature of those kind of laws. Mr. Deputy Speaker, Sir, I want to quote one Mr. Okono. In his book, he states “customary law is dependent not upon the unanimity of states but only upon the generality of will, and the dissenting minority of states are as much bound by the formulated rules as those who actively participated in its creation. The source of their obligation, those states residing in the moral necessity, which underlines the observance of all laws”. Very few customary international laws have reached the stage where you can call it a customary law of international acceptance. Any person who has read international law will have come across Henry Stinner and Philip Aliston in their book entitled “International Human Rights in Context ” . In the second edition page 178, they say that the list of these customary international law is not complete because it keeps evolving. But things like genocide, slavery, torture and systematic racial discrimination form part of the international customary law. So I stand to state here that it is wrong for us to try and withdraw from the ICC on these because we are bound under Section 2(5) of the Constitution and therefore we cannot debate this Motion. Mr. Deputy Speaker, Sir, secondly, subsection---"
}