A New Tool for Enforcing Human Rights: Erga Omnes Partes Standing

Abstract

In 2019, The Gambia brought suit against Myanmar in the International Court of Justice to hold it accountable for its alleged genocidal acts against the Rohingya, an ethnic Muslim minority group that has long been subjected to systemic abuse by the Myanmar government. As a State party to the Genocide Convention, The Gambia claimed that it had a common interest in preventing genocide by Myanmar. In a landmark decision issued in 2022, the Court accepted that The Gambia had standing and ordered Myanmar to prevent the commission of genocidal acts against the Rohingya.

Keywords: human rights, international court of justice, erga omnes, treaties, Barcelona Traction

JEL Classification: K33