erga omnes

An obligation erga omnes is owed not to a particular state but to all states. In the Barcelona Traction case the International Court of Justice distinguished such obligations from those owed to another state in the field of diplomatic protection, and gave as examples the outlawing of aggression and genocide and the basic rights of the human person, including protection from slavery and racial discrimination. The right of peoples to self-determination is also accepted as erga omnes.

The concept concerns who may complain of a breach: any state may invoke the responsibility of the wrongdoing state. It is related to, but not the same as, jus cogens, which concerns norms from which no derogation is allowed.

Example

Because the prohibition of genocide is owed erga omnes, a state not directly injured may still bring a case against the wrongdoer.

In Indian law

• Barcelona Traction, Light and Power Co. (Belgium v. Spain) (International Court of Justice, 1970)

See also

ex aequo et bono · exhaustion of local remedies · dualism

Read more in the study notes

• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Origin and development of human rights (Human Rights Law and Practice)
• International law: nature, definition, origin and basis (Public International Law)
• Subjects of international law: States, organisations and individuals (Public International Law)