السكوت في فقه محكمة العدل الدولية

الملخص EN

Silence is a negative thing that is not associated with a situation or behavior, it means not to do any act or behavior, and it is of two types, the first is the silence is abstract and meant silence free of any circumstances may indicate acceptance or rejection, and this type of silence does not indicate anything The second type is the silence described, which means silence associated with circumstances indicating the will, and this silence reflects the will in international law, and has legal effects The International Court of Justice applies the principle of acceptance and the rule of closure to cases of silence.

The principle of acceptance means the state's silence and non-protest of what it believes is a violation of its rights, which entails assuming its acceptance of its silence.

It is obliged to achieve stability in international relations, as well as its attempt to legalize silence Jurisprudence in international law has taken two different directions in adapting silence: voluntary jurisprudence considers silence to be a manifestation of the expression of will, provided that it is combined with science, and objective jurisprudence holds that silence has legal implications based on the responsibility for wrongdoing.