Erga omnes in the context of Obligation


Erga omnes in the context of Obligation

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⭐ Core Definition: Erga omnes

In legal terminology, erga omnes rights or obligations are owed toward all. Erga omnes is a Latin phrase which means "towards all" or "towards everyone". For instance, a property right is an erga omnes entitlement and therefore enforceable against anybody infringing that right.

An erga omnes right can be distinguished from a right based on contract, which is unenforceable except against the contracting party.

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Erga omnes in the context of Universal jurisdiction

Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person, regardless of where the alleged crime was committed and irrespective of the accused's nationality, country of residence, or any other connection to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens—that certain international law obligations are binding on all states.

According to Amnesty International, a proponent of universal jurisdiction, certain crimes pose such a serious threat to the international community as a whole that states have a logical and moral duty to prosecute individuals responsible; therefore, no place should be a safe house for those who have committed genocide, crimes against humanity, extrajudicial executions, war crimes, torture, or forced disappearances.

View the full Wikipedia page for Universal jurisdiction
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