Treaties, States Parties and Commentaries
  • Print page
Part I : General provisions - Art. 7.
Art. 7. If a question of law to be decided is covered by a treaty in force between the belligerent captor and a Power which is itself or whose subject or citizen is a party to the proceedings, the Court is governed by the provisions in the said treaty.
In the absence of such provisions, the Court shall apply the rules of international law. If no generally recognized rule exists, the Court shall give judgment in accordance with the general principles of justice and equity.
The above provisions apply equally to questions relating to the order and mode of proof.
If, in accordance with Article 3, No. 2(c), the ground of appeal is the violation of an enactment issued by the belligerent captor, the Court will enforce the enactment.
The Court may disregard failure to comply with the procedure laid down in the enactments of the belligerent captor, when it is of opinion that the of complying therewith are unjust and inequitable.

<< Previous     Up     Next >>