International Custom is encapsulated under Article ______ of the Statute of the International Court of Justice.
38 (1) (b)
Article 38(1) of the Statute of the International Court of Justice lists the sources the Court applies in deciding disputes in accordance with international law.
Clause a covers international conventions establishing rules expressly recognised by the contesting States; clause b covers international custom, as evidence of a general practice accepted as law; clause c covers the general principles of law recognised by civilized nations; and clause d covers judicial decisions and the teachings of the most highly qualified publicists as subsidiary means.
So international custom, with its two elements of State practice and opinio juris (North Sea Continental Shelf cases, 1969), is located in clause b of Article 38(1).
Treaties, general principles and judicial decisions belong to the other clauses.
Hence, 38 (1) (b).
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