evolution of the approach of international judicial practice in the process of recognition of rules of customary international law

the judicial practice of the international courts and tribunals – especiallyinternational court of justice – as the most important official entities forsurveying and identifying legal rules, has always been a valuable source inthe recognition of customary international law. in the recent decades, as aresult of developments caused by improving human concepts and humanityprinciples in the international community, the approach of the internationaljudicial practice has also been evaluated in process of recognition of theinvolved customary rules. this approach is on the basis of identifyingcentrality and primacy of opinio juris, against the traditional approach,according to which, customary rule is recognized by the preliminary proof ofpractice.