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Rezara, Juvelin
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Law, Crime, Criminology & Criminal Justice

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ROLE OF INTERNATIONAL COURT OF JUSTICE AND ITS LEGALLY BINDING ADVISORY OPINIONS IN DEALING WITH ARMED CONFLICTS Rezara, Juvelin
Indonesian Law Journal Vol. 17 No. 1 (2024): Indonesian Law Journal Volume 17 No 1, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i1.166

Abstract

Advisory opinion is an alternative resolution of conflict in the international court of justice (hereinafter ICJ). The opinion is commonly requested in armed conflict issue; It consists of an advice by interpreting the international principles based on the concept of the “Jus ad bellum” and “Jus in bello”. Nevertheless, the ICJ statute does not determine conspicuously the legal binding of the opinion. This research ostensibly sought to highlight the legal force of the opinion. Hence, what is exactly the value of ICJ`s opinion in armed conflict? This question demands evidently a doctrinal approach and analysis of cases. This study mainly pointed out the conditions for requesting the advisory opinion, and the analogy of its legal binding effect. Certainly, this resolution might have legal effect but it depends on the circumstances. As a result, it might be crucial for resolving the contemporary armed conflict over the world.
FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 17 N0. 1, 2024 Nofli; Puspita, Rona; Sari, Fitri Amalia; Irianto, Khairunnisa; Tisna, Ayu Bulan; Rezara, Juvelin; Rahman, Rafika Rizky Aulia; Iswara, Rizka
Indonesian Law Journal Vol. 17 No. 1 (2024): Indonesian Law Journal Volume 17 No 1, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The 2024's first edition of Indonesian Law Journal Volume 16 has been published. The discussion topic of this edition is The Role of the International Court of Justice (ICJ) and Its Legally Binding Advisory Opinions in Dealing with Armed Conflicts and State Responsibility in Handling Foreign Refugees. This edition presents 6 (six) articles from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law.
Co-Authors Irianto, khairunnisa Iswara, Rizka Nofli Puspita, Rona Rafika Rizky Aulia Rahman Sari, Fitri Amalia Tisna, Ayu Bulan