Which 1927 decision of the Permanent Court of International Justice held that States’ abstention from…
The Lotus decision explains that habitual abstention from prosecution alone does not establish customary international law. The abstention must reflect a perceived legal…
Choose your answer
Which 1927 decision of the Permanent Court of International Justice held that States’ abstention from instituting criminal proceedings could establish international custom only if it reflected their awareness of a legal duty to abstain?
Answer and explanation
Correct answer A
The Lotus decision explains that habitual abstention from prosecution alone does not establish customary international law. The abstention must reflect a perceived legal duty, providing the element of opinio juris alongside practice.
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