Sentences with phrase «opinio juris»

As the ICJ made clear in the Nicaragua case, practice unaccompanied by opinio juris does not contribute to modifying customary rules concerning the use of force (para. 207; emphasis mine):

The combination of a string of decisions in this field, coupled with the implicit acceptance or acquiescence of all the international subjects concerned, clearly indicates the existence of the practice and opinio juris necessary for holding that a customary rule of international law has evolved.

As the ICJ made clear in the Nicaragua case, practice unaccompanied by opinio juris does not contribute to modifying customary rules concerning the use of force (para. 207; emphasis mine):

On a purely legal level, it is particularly noteworthy that a state has essentially expressed its opinio juris to the effect that the customary principle of non-intervention requires it to prevent a private actor operating from a place within its jurisdiction from interfering with the electoral process of a third state by leaking the content of a campaign official's private emails.

Of great relevance to the formation of opinio juris to the effect that violations of general international humanitarian law governing internal armed conflicts entail the criminal responsibility of those committing or ordering those violations are certain resolutions unanimously adopted by the Security Council.

In Appellant's view, no State can assume jurisdiction to prosecute crimes committed on the territory of another State, barring a universal interest «justified by a treaty or customary international law or an opinio juris on the issue.»

Only the repeated use of State practice and consistent opinio juris are likely to transform precaution into a customary norm.

In short, there is little opinio juris on which a doctrine of customary international law might be based.