non liquet

A non liquet is a finding by a tribunal that it cannot decide the case because the law is silent or unclear. Most international lawyers hold that the ICJ should not declare a non liquet, since Art. 38(1)(c) of its Statute allows it to apply general principles of law recognised by civilised nations to fill gaps.

The ICJ came close to one in the Nuclear Weapons advisory opinion (1996), where it said it could not conclude definitively whether the threat or use of nuclear weapons would be lawful in an extreme circumstance of self-defence where the survival of a state was at stake. Domestic courts in India must decide every case and cannot refuse for want of law.

Example

Critics described the ICJ's answer on self-defence in the Nuclear Weapons opinion as a non liquet.

In Indian law

• Article 38(1)(c), Statute of the International Court of Justice
• Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion (ICJ, 1996)

See also

International Court of Justice · advisory opinion · ex aequo et bono

Read more in the study notes

• Sources of international law (Public International Law)