Practice question
A State was aware of a publicly asserted practice, able to respond, and the circumstances called for reaction, yet failed to react over a substantial period. An opponent says inaction can never have any evidentiary relevance to opinio juris. Which is correct?
- Inaction is legally irrelevant in every situation
- Conclusion 10 permits considering that qualified failure to react, without making every silence conclusive
- Every silence conclusively creates all proposed obligations
- Only physical acts can supply any evidence
- Private actors decide whether the State existed
Legal references
- ILC Conclusions on Identification of Customary International Law, 2018: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_13_2018.pdf; Conclusions 4-7 and 10.
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