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Erga omnes obligations attach when there is a serious breach of peremptory norms of international law like those against piracy, genocide and wars of aggression. [2] [3] The concept was recognized in the International Court of Justice's decision in the Barcelona Traction case [4] [(Belgium v Spain) (Second Phase) ICJ Rep 1970 3 at paragraph 33]:
Nicaragua further asked the court to indicate provisional measures pursuant to its own obligations erga omnes. [1]: ¶ 68 Nicaragua alleged an "imminent risk of a complete humanitarian catastrophe". [1]: ¶ 74 It cited the remarks of Israeli officials, [1]: ¶ 70 and UN officials.
Bellum omnium contra omnes, a Latin phrase meaning "the war of all against all", is the description that Thomas Hobbes gives to human existence in the state-of-nature thought experiment that he conducts in De Cive (1642) and Leviathan (1651).
Universal jurisdiction is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence.
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) came into effect in January 1951. Article 5, 6 and 7 of the CPPCG cover obligations that sovereign states that are parties to the convention must undertake to enact:
If there is a difference between erga omnes and in rem, it may be only in international law. USLegal (for what it may be worth) has: Erga omnes means in relation to all. The term is used to describe legal obligations and rights towards all. Erga omnes is used in property law. The right against trespass of a property can be enforced as against ...
The convention is modelled heavily on the United Nations Convention Against Torture. "Enforced disappearance" is defined in Article 2 of the Convention as the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge ...
ex parte: from a part: A legal term that means "by one party" or "for one party". Thus, on behalf of one side or party only. ex pede Herculem: from his foot, so Hercules: From the measure of Hercules' foot you shall know his size; from a part, the whole. ex post: from after "Afterward", "after the event". Based on knowledge of the past.