Erga omnes

Template:Short description Template:Italic title In legal terminology, rights or obligations are owed toward all. is a Latin phrase which means "towards all" or "towards everyone". For instance, a property right is an entitlement and therefore enforceable against anybody infringing that right.

An right can be distinguished from a right based on contract, which is unenforceable except against the contracting party.

International law

In international law, it has been used as a legal term describing obligations owed by states towards the community of states as a whole. An obligation exists because of the universal and undeniable interest in the perpetuation of critical rights and the prevention of their breach. Consequently, any state has the right to invoke state responsibility in order to hold the responsible state legally liable and required to pay reparations. obligations attach when there is a serious breach of peremptory norms of international law like those against piracy, genocide and wars of aggression. The concept was recognized in the International Court of Justice's decision in the Barcelona Traction case [(Belgium v Spain) (Second Phase) ICJ Rep 1970 3 at paragraph 33]:

Examples

• In its advisory opinion of 9 July 2004, the International Court of Justice found "the right of peoples to self-determination" to be a right . The finding referred to article 22 of the Covenant of the League of Nations.
• In its judgment of 20 July 2012 between Belgium and Senegal, the International Court of Justice found that in relation to the Convention against Torture, "any State party to the Convention may invoke the responsibility of another State party with a view to ascertaining the alleged failure to comply with its obligations ".
• In its order on provisional measures of 23 January 2020, the International Court of Justice found that The Gambia had prima facie standing in the Rohingya genocide case that it had brought against Myanmar on the basis of the Genocide Convention.
• In its advisory opinion of 19 July 2024 on "Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem", the International Court of Justice found that in view of Israel's violations of certain obligations erga omnes, among them the obligation to respect the right of the Palestinian people to self-determination, all States and international organizations are "under an obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory. They are also under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory."

International Law Commission

The UN International Law Commission has codified the principle in its draft articles on state responsibility. They allow all states to invoke a state responsibility that another state incurred because of its unlawful actions if "the obligation breached is owed to the international community as a whole". The ILC refers directly in its comments to the article to the principle and to the ICJ's acceptance of it in the Barcelona Traction case.

See also

• Inter partes
• Jus cogens (peremptory norm)