Erga Omnes (Partes) Obligations in the Case Law of the International Court of Justice: the Barcelona Traction Case as a Driving Force of the Development of International Law

With its obiter dicta decision in the Barcelona Traction case, the International Court of Justice (ICJ) confirmed the existence of erga omnes obligations in international law and thus took an important step towards the recognition of the general interest in international law. However, the Court did not fur- ther pronounce on these obligations in terms of their content, ascertainment, or legal consequences. The author contends, that even though the Barcelona Tractions’s obiter dicta established a Potemkin village in international law, the Court’s pronouncement in this case was nevertheless significant as it acted as a driving force for the development of secondary rules on the enforcement of erga omnes (partes) obligations as enshrined in the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA). Moreover, the Court importantly clarified erga omnes (partes) obligations through its subsequent practice. One of the most significant pronouncements relates to the confirma- tion, that standing for the invocation of responsibility of states in cases of erga omnes (partes) obligations includes a standing of not directly injured states to initiate proceedings against the wrongdoing state before the ICJ, provided that conditions for the jurisdiction of the Court are met. The most recent confirma- tion of this was provided for in the Application of the Convention on the Preven- tion and Punishment of the Crime of Genocide (The Gambia v. Myanmar) case.

Key words: erga omnes obligations, erga omnes partes obligations, general interest, responsibility of states, International Court of Justice, jurisdiction.