Genocide, obligationserga omnes, and the responsibility to protect: remarks on a complex convergence

Towards a Judicial r2p: The International Court of Justice and the Obligation to Prevent Genocide in The Gambia v. Myanmar Case

“…63 Prior to the 2020 Order, Longobardo had found a link between the nature of the obligation and the compromissory clause: 'the erga omnes partes qualification of the duty to prevent genocide could be useful in the future for assessing the admissibility of a claim brought by any member State to the Genocide Convention before the icj pursuant to Article 9' . 64 Since the obligation has effects erga omnes partes, all states parties to the Convention have an interest in its compliance,65 and it includes the invocation of responsibility of another state party, in line with the findings by the icj in its 2012 Judgment in the case of Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal).66 Even before these cases, the link between the erga omnes obligations and the standing before the icj was raised by Tams: 'icj proceedings thus constitute a "right of protection" flowing from the erga omnes concept. Where jurisdiction is established, all States can institute proceedings against States principally responsible for violations of obligations erga omnes' .…”