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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]:
On 1 March 2024, Nicaragua instituted proceedings against Germany at the International Court of Justice (ICJ) under, inter alia, the Genocide Convention, concerning Alleged Breaches of Certain International Obligations in Respect of the Occupied Palestinian Territory arising from Germany's support for Israel in the Israel–Hamas war.
On 8 June 2023, the governments of Canada and The Netherlands brought a case against Syria before the International Court of Justice accusing the Syrian Government of torture and other cruel, inhuman and degrading treatment and punishment of its own population beginning at least in 2011 [1] [2] [3] (when the Syrian civil war began), and of failing to fulfill its obligations regarding the ...
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 ...
The question remains whether the obligation to pay reparations is an erga omnes obligation, supporting a right of third-party states to implement countermeasures. Some legal analysts believe that it is not (though it arises from a breach of one), [ 12 ] while others say that it may not be, [ 13 ] rendering dubious the legitimacy of ...
Unlike ordinary customary law, which has traditionally required consent and allows the alteration of its obligations between states through treaties, peremptory norms may not be violated by any state "through international treaties or local or special customs or even general customary rules not endowed with the same normative force". [3]
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The topic of state responsibility was one of the first 14 areas provisionally selected for the ILC's attention in 1949. [7] When the ILC listed the topic for codification in 1953, "state responsibility" was distinguished from a separate topic on the "treatment of aliens", reflecting the growing view that state responsibility encompasses the breach of an international obligation.