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Simple English definitions for legal terms
customary international law
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A quick definition of customary international law:
Customary international law refers to the unwritten rules that countries follow because they believe they are legally obligated to do so. These rules are based on established practices and traditions, rather than formal written agreements. For example, countries may follow the rule of not sending refugees back to a country where they may be harmed, or they may grant immunity to visiting heads of state. The International Court of Justice uses customary international law as one of its sources of authority when settling disputes between countries. To establish customary international law, it must be shown that countries consistently follow a certain practice and believe that they are legally obligated to do so.
A more thorough explanation:
Definition: Customary international law refers to international obligations that arise from established international practices, rather than from formal written conventions and treaties. It results from a general and consistent practice of states that they follow from a sense of legal obligation.
Examples:
- The doctrine of non-refoulement: This is a principle of international law that prohibits the expulsion, deportation, or return of a person to a country where they may face persecution or harm. It is a customary international law that has been recognized by many countries and international organizations.
- The granting of immunity for visiting heads of state: This is a customary international law that provides immunity to visiting heads of state from criminal prosecution or civil lawsuits in the host country. This law is based on the principle of sovereign equality of states and is recognized by most countries.
Explanation: Customary international law is established by showing state practice and opinio juris. State practice refers to the consistent behavior of states in a particular area of international law, while opinio juris refers to the belief of states that such behavior is legally required. The examples of non-refoulement and immunity for visiting heads of state illustrate how customary international law is created and recognized by states.