ICJ — Barcelona Traction Case (1970): Erga Omnes Obligations

Summary

The ICJ in Barcelona Traction established the distinction between obligations owed to individual states and obligations erga omnes owed to the international community as a whole. The Court held that obligations erga omnes include the prohibition of acts of aggression, genocide, the protection of persons from slavery and racial discrimination, and (per subsequent development) the right to self-determination.

Relevance to the diaspora

The erga omnes character of self-determination (confirmed in East Timor) and the prohibition of racial discrimination means that all states have a legal interest in the Tamil people's rights; diaspora advocates invoke this doctrine to argue that third-state governments not only may but should take action to vindicate Tamil rights.

Key provisions

• Para 33 — erga omnes obligations owed to international community
• Para 34 — examples: prohibition of aggression, genocide, racial discrimination
• East Timor case — self-determination explicitly included in erga omnes list

Primary source

Related entries

• → ICCPR Article 1 — Right of Self-Determination (UN)
• → Case Concerning East Timor (Portugal v. Australia) ICJ 1995 (UN)
• → International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965 (UN)