Customary International Law General Assembly resolutions
Lex Animata by Hesham Elrafei
Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, ICJ
Can general assembly resolutions, create Customary International Law?
The United Nations general assembly requested The International Court of justice, to give an Advisory
Opinion, concerning the legality of the use or threat of use of nuclear weapons under international law, including the law of armed conflict, the prohibition of the use of force, and international environmental law.
Absent a treaty, the Court had to review the general assembly declarations, to find whether they were creative of customary international law.
The Court assessed the General assembly resolutions, on the question of nuclear weapons, as doing no more than revealing the desire of a large part of the international community, to take steps towards nuclear disarmament.
However, the world court did not recognize that the general assembly, has the power to enact international law, in particular in the absence of the opinio juris requirement, due to the inconsistent voting of the States in the United Nations, for example, in one instance the same country voted in favor and, while in another instance, voted against.
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