Obligations Erga Omnes and International Crimes

Obligations Erga Omnes and International Crimes
Author: André de Hoogh
Publisher: BRILL
Total Pages: 489
Release: 2023-12-18
Genre: Political Science
ISBN: 9004638989

This book provides a comprehensive analysis of the law of State responsibility. It addresses fundamental questions such as: which subjects of international law are entitled to invoke the responsibility of the author state; the forms of reparation demands which may be made; and the means and counter-measures (including the use and level of force) which may be employed to enforce demands. Audience: Academics and researchers in international law.

Enforcing Obligations Erga Omnes in International Law

Enforcing Obligations Erga Omnes in International Law
Author: Christian J. Tams
Publisher: Cambridge University Press
Total Pages: 397
Release: 2005-12-01
Genre: Political Science
ISBN: 1139448803

The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.

The Fundamental Rules of the International Legal Order

The Fundamental Rules of the International Legal Order
Author: Christian Tomuschat
Publisher: BRILL
Total Pages: 483
Release: 2006
Genre: Law
ISBN: 9004149813

This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

Individual Responsibility in International Law for Serious Human Rights Violations

Individual Responsibility in International Law for Serious Human Rights Violations
Author: Lyal S. Sunga
Publisher: BRILL
Total Pages: 252
Release: 2021-09-27
Genre: Law
ISBN: 9004479848

What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.

The Concept of International Obligations Erga Omnes

The Concept of International Obligations Erga Omnes
Author: Maurizio Ragazzi
Publisher: Oxford University Press, USA
Total Pages: 314
Release: 1997
Genre: Language Arts & Disciplines
ISBN:

This is the first monograph on the idea of obligations erga omnes, an increasingly important concept in contemporary international law. Maurizio Ragazzi employs a pragmatic approach that identifies five common elements among the examples of obligations erga omnes given by the International Court. These five properties are then discussed comparatively.

A Duty to Prevent Genocide

A Duty to Prevent Genocide
Author: John Heieck
Publisher: Edward Elgar Publishing
Total Pages: 261
Release: 2018-09-28
Genre: History
ISBN: 1788117719

This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.