The Contribution of International Humanitarian Law to the Development of the Law of International Responsibility Regarding Obligations Erga Omnes and Erga Omnes Partes

Abstract

This article explores the influence of international humanitarian law (IHL) on the development of the law of international responsibility and, in particular, the contribution of IHL to the adoption of rules related to breaches of obligations erga omnes and obligations erga omnes partes. Indeed, IHL conventions embody some obligations erga omnes and erga omnes partes, as demonstrated, for instance, by Common Article 1 of the 1949 Geneva Conventions, by some provisions relating to the suspension, termination and modification of IHL treaty provisions, and by some monitoring mechanisms. The study of the relevant provisions of the law of armed conflict, state practice and international case law demonstrates that IHL conventions had already envisaged some consequences of violations of obligations erga omnes and erga omnes partes, which were later codified by the International Law Commission. Accordingly, it is possible to argue that IHL contributed to the development of general international law in this field.