Zoltán Papp: States’ interpretation of the rules of international law regarding the use of force against civil aircraft in cases before the International Court of Justice. Nr. 2016/13.
The paper discusses the rules of international law regarding the use of force against civil aircraft in the interpretation of states in their written submissions presented to the International Court of Justice (ICJ). The overall objective of the author is to identify what the relevant international law is, including indications of relevant state practice and opinio iuris. An additional objective being to discover how states interpret and implement relevant international conventions and other norms. Notwithstanding the fact that the ICJ has never delivered any judgment with respect to the merits of any aerial incident case the states’ written submissions (memorials) subject to analysis in this paper remain relevant as of today. The main reason being that the legal arguments made in the memorials by the states concerned eventually contributed to the codification of customary international law and may, by the same token, contribute to a better understanding of current developments and challenges.