cases

North Sea Continental Shelf (1969)

-- Set the test for proving Customary International Law (CIL), requiring widespread practice and opinio juris

Fisheries Jurisdiction (1973)

--Reaffirmed that treaties cannot be escaped by unilateral acts

Tehran Hostages (1980)

Clarified that state inaction combined with endorsement leads to the attribution of private conduct to the State

Nicaragua v. US (1986)

Ruled the US violated CIL norms on the use of force and non-intervention; established the effective control test for attribution

East Timor (1995)

Confirmed the Monetary Gold principle, whereby the ICJ cannot adjudicate the rights/obligations of an absent, non-consenting third state

Gabcíkovo-Nagymaros (1997)

Reaffirmed pacta sunt servanda and rejected the broad use of "necessity" as an excuse for suspending a treaty

NATO bombing of Yugoslavia (1999)

Demonstrated that consent controls jurisdiction even when a violation may have occurred

2004 Advisory Opinion in Palestine

Found the separation wall violated international law, including the prohibition on annexation and the Fourth Geneva Convention, and rejected Israel's self-defence claim

Bosnia and Herzegovina v. Serbia and Montenegro (2007)

Ruled Serbia failed in its obligation to prevent and punish genocide under the Genocide Convention, but did not directly commit genocide itself

European Court of Human Rights (ECtHR)

S.A.S. v. France

Upheld the French veil ban, accepting the "living together" justification and applying a wide margin of appreciation to the restricting state

UN Human Rights Committee (UNHRC)

Yaker v. France and Hebbadj v. France

Rejected the French veil ban, finding violations of ICCPR Art. 18 and Art. 26, interpreting limitations clauses narrowly, and rejecting the "living together" justification

US Supreme Court

The Paquete Habana (1898)

Established that Customary International Law is binding law in national courts unless overridden by statute, demonstrating the use of long and consistent state practice to prove CIL

Asakura v. Seattle (1921)

Ruled that treaties are part of US law, illustrating the domestic impact of international law