Why We Need Erga Omnes Character for Obligations to Combat Impunity for International Crimes?

• Main Author: Diajeng Wulan Christianti
• Format: Article
• Language: Indonesian
• Published: Universitas Padjadjaran 2017-10-01
• Series: Padjadjaran: Jurnal Ilmu Hukum
• Subjects: erga omnes; human rights; impunity; international crimes; jus cogens
• Online Access: http://jurnal.unpad.ac.id/pjih/article/view/14257

International law has recognized certain crimes as international crimes or the most serious crimes. However, it is arguable whether the prohibitions of international crimes that have reached the status of jus cogens carry with it the duty to combat impunity that has same legal consequences as jus cogens namely non-derogable and universal. In Barcelona Traction Case Judgment, ICJ purported the concept of erga omnes obligations that are obligations toward international community as whole and enables all states to establish their rights of protection in the case of the breach of obligations. Although the Court exemplified four examples of erga omnes obligations that generally reflect the prohibitions of certain international crimes, the relationship between jus cogens and erga omnes remains unclear. This article thus examines this relationship since it conceives as necessary element to determine the superior status of erga omnes obligations to combat impunity in international law. This status is significant for enforcing international criminal law and promoting global justice. The article aims to determine theoretically the added values of having erga omnes character.