On ‘obligations erga omnes partes ’ in public international law : ‘erga omnes’ or ‘erga partes ’? A Commentar y on the Judgment of 20 July 2012 of the International Court of Justice in the Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) ; Sobre ‘obligaciones erga omnes partes’ en derecho internacional público: ‘erga omnes’ o ‘erga partes’? Un comentario de la Sentencia de 20 de julio de 2012 de la Corte Internacional de Justicia en el caso Cuestiones Relativas a la Obligación de Procesar o Extraditar (Bélgica v. Senegal)

The International Court of Justice, in its 2012 judgmentin the Questions relating to the Obligation to Prosecute or Extradite(Belgium v. Senegal) case, found that Belgium had ius standi toclaim Senegal’s responsibility for the alleged breach of its obligationsunder Articles 6(2) and 7(1) of the Convention Against Tortureand that such claims were admissible. Also, it concluded that it wasnot necessary to determine whether Belgium was ‘specially affected’or ‘injured’. The Court based these findings on the concept of‘obligations erga omnes partes’, which it defined as obligations inthe compliance... Mehr ...

Verfasser: Mejía-Lemos, Diego Germán
Dokumenttyp: Artikel
Erscheinungsdatum: 2016
Verlag/Hrsg.: Escuela de Derecho
Schlagwörter: Derecho Internacional Público / Corte Internacional de Justicia / Senegal / Bélgica / procesar / extraditar / responsabilidad / tortura / erga omnes / derecho consuetudinario
Sprache: Spanish
Permalink: https://search.fid-benelux.de/Record/base-28540133
Datenquelle: BASE; Originalkatalog
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Link(s) : http://www.arsboni.ubo.cl/index.php/arsboni/article/view/40

The International Court of Justice, in its 2012 judgmentin the Questions relating to the Obligation to Prosecute or Extradite(Belgium v. Senegal) case, found that Belgium had ius standi toclaim Senegal’s responsibility for the alleged breach of its obligationsunder Articles 6(2) and 7(1) of the Convention Against Tortureand that such claims were admissible. Also, it concluded that it wasnot necessary to determine whether Belgium was ‘specially affected’or ‘injured’. The Court based these findings on the concept of‘obligations erga omnes partes’, which it defined as obligations inthe compliance of which states have an ‘interest’, which, in the caseof the above provisions is a ‘common interest’. Several members ofthe Court rejected the above findings as inconsistent with the lawof international responsibility, and state practice and, for other reasons,ill-grounded. The present paper assesses the Court’s definitionand use of the concept of ‘obligations erga omnes partes’ in lightof public international law. It also analyses the views expressed byother judges sitting on the Bench for the case. The present paper’smain contentions are three. First, the characterisation of obligationsin the performance of which all the states parties to a treaty havean ‘interest’ -arguably a ‘common’ one- as ‘obligations erga omnespartes’ is unnecessary. Secondly, such obligations, as defined, bythe Court, remain merely ‘erga partes’, binding on the parties to thetreaty constituting their source qua parties to the treaty and subject,as any other conventional obligation, to the rule res inter alios actaand to the rules on reservations, which may prevent an ‘obligationerga omnes partes’ from becoming binding on states that have madea reservation to the provision setting out the terms of the obligationand on those accepting such reservations. In this connection, it isdemonstrated that ‘obligations erga omnes partes’ are only of significanceif they are ‘obligations erga omnes’ proper, primarily inthe form of customary obligations under ...