Customary International Law Customs Opinio Juris State Practice

Customary International Law Explained and visualized - Opinio Juris, State Practice | Lex Animata | Hesham Elrafei
International Custom is the second source of international law, unlike treaties, it refers to a set of unwritten rules that have developed over time , as a result of states' repeated acts.
Customary international law Explained, Visualized and simplified in a nutshell
Customary international law requires the presence of two elements: state practice and opinio juris
State practice is the material and factual element, and it represents how states behave and act, such as official public statements, physical actions, diplomatic communications, treaties, national legislation and States activities in International Organisations.
However, in order to create a customary international rule , a state practise must be ‘both extensive and uniform; as it should amount to a consistent and repeated pattern of behavior, and not just a rare or exceptional activity, and it usually requires a large number of States to engage in the practice over a long period of time.
opinio juris is the second condition required to create a customary rule, as it presents the psychological element that reflects the States belief and consent to be bound by that rule , and that they feel under a legal duty to obey a particular practice, which means that such custom is accepted by the international community as a law , and is not just a habit or Courtesy.
An example of opinio juris is how states vote in the United Nations general assembly since it shows the states' true intentions , and whether or not they believe they are legally obligated to behave in a certain way.
a state Conduct that violates a customary rule, will amount to a breach of international law, and it could give rise to State responsibility . Much depends on how other countries respond to the violation, as well as the military and economic power of the wrongdoing country.
While some states might decide not to react to that breach, this acquiescence may be interpreted as an acceptance of the breach and an evidence of silent consent , other states might decide to protest against it , in this case the chain can be broken if a objecting State persistently disagree with the new customary rule, therefore the objecting state will not be bound by that particular custom.
While States must consent in order to be bound by a particular treaty, this is not always the case with custom, Especially that Some customary international rules rise to the level of jus cogens , through acceptance by the international community as non-derogable rights, like the prohibition of genocide , slavery, torture, war of aggression, or crimes against humanity.
On the other side, Some international customary rules have been codified through treaties and domestic laws, like The laws of war , and the diplomatic immunity , they were converted into written treaties, like the Hague and the Geneva Conventions
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[@robertjohn2220]

Thank you, thank you, thank you!! I've read so many pages and this video finally simplified this confusion succinctly!

[@lexanimata]

Thanks Robert for passing by and for your kind words, good luck with your studies

[@lawrencemou8530]

Thank you very much for the video. It just clear the subject matter. Can you eleborate a bit on "how the Bill of Human Rights became part of the International Customary Law?"

[@KJ-lb4lf]

Hi Hesham, I love how simple your videos are. They've been a huge benefit to me. Can you make a video relating to conditions in which states can lawfully exercise their rights to use force?

[@lexanimata]

Thanks for your comment, yes a new video about use of force is on the way

[@KJ-lb4lf]

@@lexanimata Thats great. looking forward to it.

[@BenjaminRaymundo18]

jus ad bellum

[@katemaksimovaa1]

Your vids are very helpful! Thank you so much!!

[@lexanimata]

Thanks a lot Ekaterina for your kind comment

[@cosmosdiary]

im so glad i found your channel! thank you for making them easy to understand. i will definitely credit you in my midterm essay 😄

[@lexanimata]

Thanks a lot for passing by and for your kind words, im glad you found the videos helpful

[@JuliaYoolia]

Super videos, bravo!

[@lexanimata]

Thanks Julia

[@minnajohns904]

heyy your videos are really good and helpfull.i would love to give a feedback on the bgm that goes on throughout the whole video is actually not necessary at the same time a bit disturbing while trying to listen to the audio. thank you. :)

[@lexanimata]

Thanks alot for your feedback, believe me the lecture without a bgm is boring, I will try to lower it maybe in the next videos

[@rababshawir3825]

Informative and simple 👍🏾

[@lexanimata]

Glad it was helpful!

[@blues5984]

Can you differentiate the regional custom and special or local custom?

[@dianayoussef4235]

Very informative video

[@lexanimata]

Glad you liked it

[@georgemaster3845]

Customary international law applies to all states without the need of ratification. However, some customary laws have been codified into written treaties. Does that mean that the customary laws now apply only to those states ratifying the treaty (such as the Geneva Convention), or do they still apply universally? Thanks!

[@lexanimata]

Thanks for your comment, customary rules now play minimal role as almost every aspect of international relations is codified and regulated by a treaty , however a treaty itself is binding because of customary rule "pacta sunt servanda", also all depends on the political and military weight of the country breaching the rule

[@georgemaster3845]

@@lexanimata Thank you for the reply. For clarification, let me rephrase the question by way of an example. Lets say that there is a customary rule X. Since it is a customary rule, it applies to all States. However, eventually, customary rule X becomes codified in Treaty Z. Which states are now subject to customary rule X? All states (as was the situation prior to codification) or those states which ratify treaty Z only?

[@donikajorgo5612]

So you just explain from the head.. The fish can smells dirty? 🤔

[@samuelosahonaisienpatrick5040]

Please, i don't know this topic, Examining Nigeria's Responsibility International Law, i don't get this.. And i have already gathered basic information, resources or preliminary research of my topics. How about streamlining it to less than 18 words, such as - international law for stimulating plus resolving Legal, Health & Environmental matters in Africa.