1 The term ‘non liquet’ literally means ‘it is not clear’. In Roman law, it referred simply to the deferment of a case for insufficient information. But today, a finding of non liquet means that the court cannot decide a case due to a gap (or lacuna) in the law. Although courts and legal scholars have traditionally rejected non liquet as prohibited by international law, the implicit finding of a non liquet by the International Court of Justice (ICJ) in its Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) (Nuclear Weapons Advisory Opinions) has...
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