Customary International Law

Question 1

Customary International Law

Answer 1

CIL is defined by the International Court of Justice (ICJ) as : International custom as evidence of a general practice accepted as law. This means that customary law develops from widespread state practice (what states do) and is accepted by states as legally binding (i.e. opinio juris)

Question 2

Opinio Juris

Answer 2

Opinio Juris implies that states believe they are legally bound to follow the practice , which elevates it to the level of customary law- more room for state sovereignty. State conduct inconsistent with a given rule-treated as breaches of that rule, not as indications of the recognition of a new rule)

Question 3

General Practice

Answer 3

State’s behavior that is consistent over time. This includes actions or conduct by states that are carried out repeatedly and are recognized as normal, expected behavior in international relations with a combination that states engage in a practice because they believe it to be legally obligatory, rather than out of tradition, habit or convenience. This distinguishes customary law from mere rituals or traditions.