Abstract
I. Introduction
For over a century, powerful actors have used a single Latin phrase, sui generis, as a shield to evade accountability under international law. Meaning “of its own kind,” this theory dictates that a situation is so unique that ordinary rules should not apply. In international law, sui generis typically refers to situations or entities that cannot easily be categorized under existing legal frameworks or conventions. Its use indicates that there is no directly applicable precedent and that, as a result, no legal principles apply; instead, the situation itself will set the precedent. While some researchers argue that the concept of sui generis should not be applied in jurisdictional contexts and that the concept of territory should not belong solely to state actors, a better solution would be to make the sui generis principle unusable by individual state actors in its entirety. While the importance of citing sui generis in exceptional circumstances of international law is understandable, the ability of individual state actors to utilize it for state gain allows for ease of abuse, in which Palestine and Guantanamo Bay are key case studies.
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