Give Peace a Chance: Resolutionerna om den olympiska vapenvilan och den internationella sedvanerätten

Sammanfattning: Resolutions are, by definition, non-binding recommendations, but are consi- dered in some cases to have a normative value, by becoming relevant for ascertaining the existence of a customary rule of international law or deve- loping opinion juris. Factors for determining whether a resolution has such a function includes the degree of support and repetition of the resolutions ex- pressing the rule. The UN General Assembly has adopted many resolutions on the so-called Olympic Truce since 1993. All have been adopted by con- sensus and the resolutions have received the widest support in the history of the UN. For that reason, it becomes relevant to examine the significance of the resolutions for ascertaining the existence and content of the Olympic Truce in international customary law. The issue is brought to the fore by Rus- sia's de facto breach of the Olympic Truce through its invasion of neighboring Ukraine on February 24, 2022. Using a legal dogmatic method, the relevant resolutions' significance for es- tablishing practice and opinio juris in general is examined, and then specifi- cally the existence and content of the Olympic Truce in international custom- ary law is investigated. International customary law constitutes a primary source of international law, binds all states internationally as a starting point, and develops through widespread state action. The analysis of the Olympic Truce therefore has an international perspective. The analysis shows that the resolutions on the Olympic Truce do not in them- selves create a rule of international customary law. They do, however, con- stitute important, but not sole, evidence for ascertaining the existence and content of a customary legal Olympic Truce. However, to confirm the ex- istence of a customary legal Olympic Truce the opinio juris expressed through the resolutions must be applied in practice. Given the somewhat unclear me- aning of the rule according to the resolutions, it is not entirely certain how it should be applied in practice, although the scope appears to be to protect the realization of the Olympic and Paralympic games. The Olympic Truce has therefore probably not crystallized in international customary law, but a clo- ser analysis falls outside the scope of this work. The resolutions on the Olym- pic Truce can, however, be said to have a normative value by constituting evidence towards at least a developing opinio juris. The crystallization and specifically the content of a customary legal Olympic Truce must be decided over time and through practical application.