Abstract: This article examined Article 38 (1) of the Statute of the International Court of Justice 1945 as a source of international law, the article found out that it is obvious from the establishment of the Statute of the International Law Commission in 1947 (shortly after the establishment of the International Court of Justice) to the various opinions of international law experts, it is without any doubt that there is need for the review and redrafting of the provisions of Article 38 (1).