Opinio iuris
opinio juris
Opinio iuris is the belief of states that a particular course of conduct is legally obligatory and is not merely followed out of courtesy or convenience.
Opinio juris, together with objective state practice, constitutes the second element of international customary law. It refers to the subjective legal conviction of states that they consider themselves bound by a given rule.
This concept serves to distinguish custom from mere comity or political practice. Without opinio juris, no binding customary law comes into existence.
In practice, opinio juris is frequently inferred from official declarations, United Nations resolutions or diplomatic correspondence.
“The Court held that opinio juris was present because States consistently regarded restraint in the use of force as legally obligatory.”
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