can CIL develop? Or rather, can a particular rule of CIL change or develop over time. Illustrate

this by way of example

1 answer

Customary international law (CIL) can develop and evolve over time through the consistent practice of States and opinio juris (the belief that a certain practice is legally binding). One example of how a particular rule of CIL can change or develop over time is the concept of state sovereignty.

Historically, sovereignty was understood as the absolute authority of a State within its own borders, with no external interference or limitations. However, with the increasing interconnectedness of the global community and the growth of international organizations, the concept of sovereignty has evolved.

One significant development in the understanding of sovereignty is the responsibility to protect (R2P) principle, which asserts that States have a responsibility to protect their populations from genocide, war crimes, crimes against humanity, and ethnic cleansing. If a State is unable or unwilling to fulfill this responsibility, the international community has a responsibility to intervene to protect the affected populations.

This principle represents a shift in the traditional understanding of sovereignty, as it recognizes that States have obligations not only to their own citizens but also to the global community. The evolution of the sovereignty concept through the R2P principle demonstrates how a particular rule of CIL can change or develop over time in response to new challenges and norms in international relations.