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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.
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 ...
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.
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 ...
ECtHR rulings have erga omnes effects (that is, they are potentially binding on all member states), because the court "determines issues on public-policy grounds in the common interest, thereby extending human rights jurisprudence throughout the community of European Convention States", although erga omnes effect "is not regarded by all States ...
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 case of the S.S. Wimbledon, Britain et al. v. Germany (1923) PCIJ Series A01, is a judgment of the Permanent Court of International Justice, rendered on 17 August 1923.. The case primarily dealt with issues pertaining to attributes of sovereignty, treaty obligations qua internal law, and the jurisprudence related to international cana