The article addresses the link between substantive obligations for the protection of collective interests of the international community and procedural rules that govern their implementation. It is prompted by the recent flood of intervention requests before the International Court of Justice in cases relating to genocide. The author shows that devising effective procedures for the protection of collective interests of the international community has become an urgent matter and possibly that States are ready to make a step in the direction of collective action. This is essential to ensure that not just law-making but also law-application with respect to erga omnes obligations be open to all members of the international community.
Impacts of substance on procedure: Genocide litigation before the ICJ / Bonafe, Beatrice. - In: QUESTIONS OF INTERNATIONAL LAW. - ISSN 2284-2969. - 108(2024), pp. 5-28.
Impacts of substance on procedure: Genocide litigation before the ICJ
Beatrice Bonafe
2024
Abstract
The article addresses the link between substantive obligations for the protection of collective interests of the international community and procedural rules that govern their implementation. It is prompted by the recent flood of intervention requests before the International Court of Justice in cases relating to genocide. The author shows that devising effective procedures for the protection of collective interests of the international community has become an urgent matter and possibly that States are ready to make a step in the direction of collective action. This is essential to ensure that not just law-making but also law-application with respect to erga omnes obligations be open to all members of the international community.File | Dimensione | Formato | |
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