A particular instance of this downside is abstention from sure conduct in non-international armed conflicts when a transparent rule to abstain from such conduct can only be present in treaty regulation applicable to international armed conflicts. In the space of international humanitarian legislation, where many guidelines require abstention from certain conduct, omissions pose a particular drawback within the assessment of opinio juris because it must be proved that the abstention will not be a coincidence but based on a legit expectation. France argued that the absence of such
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