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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]:
Countermeasure in public international law refers to reprisals [a] not involving the use of force. In other words, it refers to non-violent acts which are illegal in themselves, but become legal when executed by one state in response to the commission of an earlier internationally wrongful act by another state in order to induce that state to comply with its legal obligations.
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.
Writing in Just Security, an online forum based at the Reiss Center on Law and Security, Alaa Hachem and Professor Oona A. Hathaway note South Africa's invocation of erga omnes partes, a doctrine of legal standing which "allows a State party to a treaty protecting common legal rights to enforce those rights even if the State is not directly ...
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.
South Africa's standing is based on the erga omnes partes nature of the Genocide Convention, which allows and obligates States Parties to the convention to take measures to prevent and punish the crime of genocide. South Africa requested indication of provisional measures by the court, including that Israel end its military operations, to ...
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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: