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  • Print publication year: 2011
  • Online publication date: September 2011

General conclusions

Summary

We will present our general conclusions in two steps: first we will summarise our findings with respect to the status of Article 16 ASR in international law as well as its application and interpretation, before turning to its wider, conceptual implications in a second step.

Summary of the main findings

1. Article 16 ASR is an expression of customary international law. Although this status was already affirmed by the International Court of Justice in the Genocide Convention case, it remained open to doubt whether State practice and opinio juris met the requisite criteria for this finding. The analysis of the customary law status of Article 16 ASR has shown that the practice of States is general and of a sufficient density to allow one to speak of a customary rule. This finding is supplemented by an analysis of governmental comments and statements which help to establish the requisite opinio juris.

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