International Law explained | What is Erga Omnes obligation? Lex Animata Hesham Elrafei

International Law Simplified


Obligations Erga omnes is the responsibilities owed by a state, to all other countries or the international community at large, like the state's duty not to engage in genocide crimes, piracy of vessels, the act of aggression, or claiming sovereignty over the high seas.


In addition, human rights established under a treaty, LIKE the prohibition of torture, slavery, and racial discrimination, may constitute obligations erga omnes.


For example, In the Barcelona Traction case, the International Court of justice said that obligations ERGMA OMNES, come from the outlawing of aggression and of genocide, as also from basic human RIGHTS rules, including protection from slavery and racial discrimination;


In addition, certain multilateral treaties, like the Treaty of Constantinople regulating navigation through the Suez Canal, establishing a particular territorial regime or boundary agreement may create obligations or rights erga omnes and therefore must be respected by all states.


In the East Timor case between Portugal and Australia, the International Court of justice recognized peoples' right to self-determination as an obligation erga omnes. While repeating in the Genocide Convention case between Bosnia and Serbia, that the rights and obligations mentioned in the Convention are rights and obligations erga omnes’.


Therefore, as All jus cogens norms set out obligations erga omnes, the prohibition of genocide must be respected by all States. As a result, if a State breaks this obligation, all States can raise this violation and request the responsibility of the wrongdoing State.


The United Nations can also create obligations erga omnes for all States
, even for countries that did not participate in its creation or were later admitted to the UN.


Consequently, The UN has the power to create international rules binding upon all States, irrespective of their consent.

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