Define: Customary International Law

Customary International Law refers to a body of unwritten rules and principles that are derived from the consistent and widespread practice of states over time. It is considered a primary source of international law.

Customary International Law is formed through the general and consistent practice of states, accompanied by a belief that such practice is legally required (opinion juris). It requires both state practice and opinion juris to become binding.

Yes, Customary International Law can evolve and change over time. New customary rules can emerge, while existing ones can be modified or even extinguished through a change in state practice or opinion juris.

Customary International Law is primarily enforced through the consent and compliance of states. There is no centralized enforcement mechanism, but states can be held accountable through diplomatic pressure, economic sanctions, or international tribunals.

Yes, individuals can be held accountable under Customary International Law. While states are the primary subjects of international law, individuals can be held responsible for certain international crimes, such as genocide, war crimes, and crimes against humanity.

Yes, Customary International Law can override domestic laws if there is a conflict between the two. However, the extent to which domestic courts recognize and apply Customary International Law varies among different legal systems.

Yes, Customary International Law can be invoked in domestic courts, especially in countries that have incorporated international law into their domestic legal systems. Courts may apply Customary International Law directly or interpret domestic laws in light of international legal principles.

Yes, Customary International Law can be codified through international treaties or conventions. Codification helps to clarify and solidify customary rules, making them more accessible and predictable.

While states are the primary creators of Customary International Law, non-state actors, such as international organisations, can contribute to its formation through their consistent and widespread practice, accompanied by opinion juris.

Yes, Customary International Law can be challenged or disputed by states or legal scholars. Disputes may arise regarding the existence, content, or interpretation of customary rules, and they can be resolved through diplomatic negotiations, international arbitration, or adjudication by international courts.