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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.
[13] [14] This ruling was a reiteration of a decision made a year earlier by the International Court of Justice on 14 February 2002. [15] Following these ruling in June 2003 the Belgian Justice Ministry decided to start a procedure to transfer the case to Israel. [16] Bolivia: Article 138 of the Código Penal. [17] Bosnia and Herzegovina
Seal of the International Court of Justice The list of International Court of Justice cases includes contentious cases and advisory opinions brought to the International Court of Justice since its creation in 1946. Forming a key part of international law, 195 cases have been entered onto the General List for consideration before the court. The jurisdiction of the ICJ is limited. Only states ...
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.
Some treaties that confer jurisdiction on the ICJ include : American treaty on pacific settlement, Bogotá, 30 April 1948; Convention on the prevention and punishment of the crime of genocide, Paris, 9 December 1948; Revised act for the pacific settlement of international disputes, Lake Success, 28 April 1949
Barcelona Traction, Light, and Power Company, Ltd was a corporation incorporated in Canada, with Toronto headquarters, that made and supplied electricity in Spain.It had issued bonds to non-Spanish investors, but during the Spanish Civil War (1936–1939), the Spanish government refused to allow BTLP to transfer currency to pay bondholders the interest that they were due.
The International Court of Justice has jurisdiction in two types of cases: contentious cases between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court; and advisory opinions, which provide reasoned, but non-binding, rulings on properly submitted questions of international law, usually at the request of ...